The Klob Law Firm, LLC

GEORGIA SOCIAL SECURITY LAWYER:  (770) 554-8100

SERVING LOGANVILLE, LAWRENCEVILLE, MONROE, SNELLVILLE AND EAST METRO ATLANTA

WHAT ARE THE MAIN TYPES SOCIAL SECURITY DISABILITY BENEFITS? Social Security disability benefits are available to disabled individuals who qualify either based upon their past work experience and earnings (Social Security Disability benefits) or based on their disability regardless of past earnings (Supplemental Security Income benefits). While there are other benefit programs available under Social Security, the SSDI and SSI benefit programs are the two primary programs that most individuals will encounter when seeking to obtain disability benefits.

HOW DO I KNOW IF I QUALIFY FOR SOCIAL SECURITY DISABILTY BENEFITS? In order to obtain Social Security Disability Income (SSDI) benefits, an individual must have a sufficient amount of qualifying time (“quarters” of eligible earnings) at a qualifying income level in order to be deemed “insured” for purposes of being eligible for SSDI benefits. Supplemental Security Income (SSI) disability benefits are also available regardless of whether an individual has sufficient qualifying earning periods, but as a general rule those benefits available under SSI will be lower than benefits available to a disabled person through SSDI. Whether you have enough quarters of qualifying income or whether there are other factors which may disqualify or limit you from eligibility is a question that must be determined by both your local Social Security Office and by your attorney.

DO I NEED AN ATTORNEY TO APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS? While you are not required to have an attorney to start the process with the initial application for Social Security Disability benefits, you should retain a skilled Social Security attorney to assist with your claim as early on in the process as possible in order to increase your chances of success. To make your initial application, you can contact Social Security by phone, through their web site, or in person at your nearest Social Security Office. A Social Security representative will meet with you and will prepare your initial application for benefits, which may include application for both SSDI and SSI benefits. You should be prepared to provide all information about your disabling conditions, information concerning your medical treatment, and a detailed description of your past work experience. If more information is required, the Social Security representative will let you know. While you do not need an attorney to make the initial application, however, it may be beneficial to discuss your claim with an experienced Social Security attorney prior to meeting with Social Security to ensure you are fully prepared to initiate your claim and that you do not omit any key information in support of your application.  Discussing your claim with an experienced Social Security attorney at the outset of the application process and before you meet with Social Security may prevent the need to amend or resubmit your application should you fail to provide necessary information concerning your complete medical history, the most accurate alleged onset date, any earnings history which may impact your date last insured, and numerous other technical issues which can have a significant impact on your potential for pursuing a successful claim.

HOW DO I APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS? To make your initial application, contact your local Social Security Office to set up an appointment, or apply online, or by phone.  Also, if you have previously applied and have been denied and are trying to determine whether you should reapply or whether you should attempt to reopen a prior application, it is particularly important that you consult an experienced Social Security attorney so that you do not take any action which could undermine your chances of pursuing benefits.  While you can retain an attorney at any point in the process, your chances of success and your ability to fully develop and prepare your claim for hearing are signficantly increased by hiring an experienced Social Security attorney as early in the process as possible.

WHEN SHOULD I HIRE AN ATTORNEY? You can hire an attorney at any point in the process, including the period between when you make your initial application and when you receive your initial decision. Regardless of whether you hire an attorney during this period, however, you will benefit from discussing your case with an experienced Social Security attorney to determine whether you are likely to need to appeal your claim and to determine what additional evidence you should begin to gather to be fully prepared to take your claim to the next level should you be denied.  If you hire an attorney early on in the process, your attorney can assist you with obtaining medical records and statements from your treating physicians, as well as with filing requests for a favorable decision at various key stages in the process, in order to attempt to obtain a favorable ruling sooner rather than later and possibly even without the need for a judicial hearing.  The Klob Law Firm handles disability claims at all stages of the process, from initial application through hearing, and encourages claimants to seek assistance as early in the process as possible so that we can provide the most effective assistance possible to our clients.

HOW MUCH WILL HIRING AN ATTORNEY COST? Social Security attorneys and representatives work on a contingency fee basis, which means they do not get paid unless and until they are able to help you get paid. In addition, your attorney will only be paid from your back (past due) benefits should you receive benefits for any period before the date you are ultimately awarded benefits. The maximum fee currently allowed under Social Security regulations is 25% of back benefits up to a maximum of $6,000. There are many cases, however, where a successful claimant will be awarded back benefits that are more than four times this maximum amount, and where the maximum attorney fee is therefore actually less than 25% of back benefits. In addition, unlike workers’ compensation or other types of contingency fee claims, no attorney fee is charged against any future benefits. In short, the significant increase in your odds of success with an experienced Social Security attorney will almost always outweigh the nominal cost of any attorney fee taken only from past-due benefits.

WHAT ARE THE BENEFITS OF HIRING AN ATTORNEY? With an experienced Social Security disability attorney, you will have someone to guide you through the process and who can also submit evidence on your behalf. Not only do your chances of success at hearing increase significantly with an experienced representative, but your attorney may be able to submit medical records and written briefs to Social Security that may enable them to issue a favorable ruling in your case without the delays involved in waiting for a hearing date.

HOW DOES SOCIAL SECURITY DECIDE IF I AM DISABLED? Social Security uses a complex combination of medical and work-related factors to determine if you are disabled. At the initial application level, and at the reconsideration level, the decision by Social Security will be based primarily on your medical records and the decision by one or more disability adjudicators (who may be contractors hired by Social Security and not actual Social Security employees). When your case gets to the hearing level, the decision concerning disability will be made by a federal administrative law judge (ALJ) in conjunction with other expert witnesses (medical and/or vocational experts). It is not possible to set forth every scenario here as to how Social Security applies their sequential evaluation process to determine if you are disabled, or how they apply their other listings or similar factors to make this determination, but this is something that an experienced Social Security attorney can evaluate on a case-by-case basis and where an experienced attorney can often find a way to show Social Security that your unique medical and vocational condition meets Social Security’s definition of “disabled” even without the need for a hearing.

WHAT HAPPENS IF I AM DENIED BY SOCIAL SECURITY? If you are denied, Social Security will send you and your attorney a notice explaining why you were denied and setting forth the time limits for you to file an appeal. You need to file an appeal as quickly as possible because failing to file an appeal may require that you file a new application, and not only will your previous denial(s) be used against you, but you may find that by failing to file a timely appeal you cannot reapply for SSDI benefits because you have passed a date where you are no longer considered “insured” for purposes of receiving SSDI benefits. There are several steps in the appeals process, but you should hire an experienced Social Security disability attorney as soon as possible to ensure that you have assistance with all appeals and to also ensure that you preserve your rights to benefits by timely challenging any denials.

HOW DOES APPLYING FOR SOCIAL SECURITY DISABILITY AFFECT A WORKERS’ COMPENSATION CLAIM OR OTHER DISABILITY BENEFITS? If you have a workers’ compensation claim that is ongoing while you are considering applying for Social Security disability benefits, you must ensure that your application for Social Security does not negatively impact your workers’ compensation claim through any offsets or by requiring a Medicare Set-Aside (MSA) allocation where one might not otherwise be required. In addition, while many long-term disability (LTD) policies require that disabled employees file and pursue SSDI benefits in order to continue to receive LTD benefits, an experienced Social Security attorney will be able to advise you of the impact of Social Security upon your LTD, workers’ compensation and other disability benefits. In addition, if you are a disabled veteran, your attorney may be able to use favorable information or rulings from the VA to assist you in your pursuit of Social Security disability benefits. The more types of benefits involved or potentially involved in your claim, the more you will benefit from an experienced Social Security disability attorney to help you sort out the second and third-order effects of your overlapping benefits and any potential offsets.  The Klob Law firm handles a wide variety of Social Security and workers' compensation claims and can provide the guidance and expertise required to navigate the often competing and overlapping benefits when multiple benefit programs are involved.

WHAT ARE THE RISKS IN NOT HIRING AN ATTORNEY? You could lose. Without an experienced Social Security attorney, your chances of losing increase significantly because you may fail to present critical evidence or to sufficiently develop your claim in order to demonstrate that you meet Social Security’s strict criteria for determining that you are disabled. Your attorney may be able to help you obtain benefits without your having to wait months or even years to have your case heard by an administrative law judge. While you may be able to reapply, in most cases you only get one shot, and you need to make it count. Simply put, the benefits of hiring an experienced Social Security attorney outweigh the costs.

IF I QUALIFY FOR DISABILITY BENEFITS FROM THE RAILROAD RETIREMENT BOARD (RRB) AND WISH TO APPEAL AN ADVERSE DECISION, SHOULD I HIRE AN ATTORNEY? Yes.  The Klob Law Firm can assist with Railroad Retirement disability benefit claims when it is necessary to appeal an adverse ruling and when a hearing may be required to seek additional benefits or to ensure Medicare eligibility.  The criteria and guidelines for establishing disability through the Railroad Retirement Board (RRB) are similar to those established by the Social Security Administration and we can assist with preparing appeals both for consideration on-the-record and also for evidentiary hearings as needed.