Consulting a Lawyer for Free

Consulting a Lawyer for Free FAQ

Every Social Security disability attorney who specializes in this area of law will take your case on a contingency basis. This means that unless he or she wins you a fully favorable or partially favorable decision, there is no fee. The rate for attorney fees is: 25% of the claimant’s back pay up to $6,000.00. The claimant receives 75% of his or her back pay and he or she keeps the monthly disability payment.

In regards to expenses, some attorneys charge their clients and some do not. For our firm, we do not charge for expenses because Texas law does not allow hospitals or doctors to charge for medical records when an attorney or claimant needs them for a Social Security disability case and California allows one free copy of medical records under the same circumstances. We practice Social Security law throughout the United States, so we usually do not need to be reimbursed for paying for claimant’s medical records.

We believe in consulting a lawyer for free.

This question can become complicated as well. However, the simple answer is that a person cannot engage in substantial gainful activity and continue to receive benefits. So, what this means in its most simplest terms is that a nonblind person cannot be earning more than $1,350.00 per month and cannot be engaging in substantial activity.

Work is substantial if it requires significant physical or mental activity. However, by is own definition, the work must be both substantial and gainful in order to disqualify a claimant from either qualifying or continuing to receive benefits. Therefore, the simple rule is again, don’t make more than $1,350.00 in 2022 each month.

If you are not nervous about your hearing, then I applaud your bravery. Most people are understandably worried about how their hearing will go, and I am always amazed at their strength for persevering through such a difficult process. Each judge conducts his or her own hearing in their own way.

Some judges take complete control of the hearing and the claimant’s attorney actually does very little. Some judges ask the attorney for an opening and closing statement and some do not. However, there are some basic events that will occur in a hearing that stand true regardless of which judge hears the case. First, there is almost always a vocational or medical expert to assist the judge in making his or her decision.

Almost always the claimant will be questioned directly by the judge since there is not opposing counsel seeking to deny the claimant of benefits. Social Security disability hearings are intended to be nonconfrontational, but sometimes it feels just the opposite. The usual sequence of events occurs: The judge opens the case on the record and asks the claimant’s attorney to state a theory of the case or make an opening statement. The judge then begins questioning the claimant as to what medical issues are keeping him or her from working. The judge will then ask the claimant’s attorney to ask his or her questions.

After this, the medical or vocational expert is asked a serious of hypothetical questions (that are really about the claimant but they are intended to be nonconfrontational). Then the judge turns over questioning of the expert to the claimant’s attorney. The ultimate goal is for the expert to state that there would not be any jobs available in the national economy the claimant could perform.

If this is the conclusion during the hearing, it at least increases the chances of there being a favorable decision. Finally, the hearing is adjourned and the claimant and his or her attorney are dismissed. All of this takes place in about 30 to 45 minutes. Rarely does a hearing last longer than an hour. After this, the claimant will receive the judge’s written decision in usually one to four months.

That is not an easy question and one that cannot be resolved just be reading this short answer. However, there are five sequential steps the Social Security Administration goes through to determine whether or not a person is actually disabled. Remember, no one else but the Administration can determine that you are unable to work in regards to receiving disability benefits.

People often believe it is conclusive they are disabled just because their doctor agreed with them that they are unable to work. Social Security actually has it’s own definition of what it means to be disabled:

If you have the inability to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months, then a person is considered disabled.

Therefore, if you can successfully go through these five steps by applying them to your own mental or physical impairments, your case may be successful in determining whether or not you are actually disabled.

1. Are you still working? If you are still working and engaging in what the Social Security Administration calls substantial gainful activity, then your claim will be immediately denied. This, like all the other steps, can become complicated, but if you are making more than $1,130.00 per month in 2016 and you are not blind, then you are engaging in substantial gainful activity. If you are not working, then you can move on to Step 2.

2. Is your condition or conditions severe? In order to satisfy Step 2, your condition must meet the 12 month duration requirement or be expected to end in death, and the condition must interfere with a person’s ability to engage in basic physical and/or mental work activities. Suffice it to say, if your condition affects you so much mentally or physically that it interrupts your ability to work, then you may be able to pass Step 2 and move onto Step 3.

3. Does your condition meet a listing? If your condition is severe enough to meet the definition of your impairment as described by the Social Security Administration, then you will be found disabled as long as your impairment meets the severity requirement (Step 2) and you are not engaging in substantial gainful activity (Step1). If not, then you must move on to Step 4.

4. Are you able to do any work you have done in the last 15 years? If you can do any kind of job you have already done in the last 15 years and you did that work long enough to have learned that kind of job, then you are not disabled even if you meet the severity requirement. If, because of your physical or mental condition, you are not able to do any of your past relevant jobs, then the evaluation moves on to Step 5.

5. Can you do anything else? Taking into consideration your age, education, and past relevant work skills, if you can go and do some other type of work, then you are not disabled. However, if because of your mental or physical condition(s) you are not able to do any other kind of work, and you meet the other above requirements, then you may have a strong case for being disabled.