| Write us at:ortiz@ssabenefit.com |
Frequently Asked QuestionsQ: How long does it usually take for a person to get disability benefits from the time of first filing for benefits? A: It depends alot on the claimant, the disabling condition, medical records, etc. Under Social Security rules, the claimant has the burden of proof in being required to show that disability exists in accordance with Social Security rules. Generally, when you file, you should get your answer at the first stage within about 6-7 months from the date of filing. If you are turned down and you file for reconsideration, that will generally take another 6 months or so. If you are turned down the second time, and you file for a hearing, then the current wait for your hearing, depending on where you live and how backed up the hearing schedules are, you should reasonably expect to wait about 1 ½ - 3 yrs. Q: Is it true that you have to wait until you've been turned down twice before you can have someone representing you in your case? A: No. That used to be the way it was done, but Social Security changed that rule. Now you can have someone representing you from the very beginning of your claims process. Q: Is it better to have someone represent me from the beginning? A: That answer depends on you. You can have someone representing you in your disability case right from the beginning and still get turned down and still have to go to a hearing. If you file for disability on your own during the initial and reconsideration levels, and you get approved, then you save money from having to pay a representative. If you have a representative from the beginning, and you get approved right off, you will have to pay your representative according to your contract. The benefits of being represented from the beginning can include an increased chance of getting approved at the initial or reconsideration stage, though there are no guarantees. The other really big benefit is that if you have someone representing you right from the very beginning, your representative will know you and your case very well when time comes for hearing, and that will greatly increase your chances of approval at the hearing stage. Q: Are you a lawyer? A: No. According to the law, I cannot say I am a lawyer, even though I graduated from law school, since I am not a member of a bar, which that prevents me from using the words "lawyer" or "attorney" when referring to myself. In 2001, I petitioned the Social Security Court and showed my credentials as evidence of competency and was admitted to practice before Social Security as what is called a "non-attorney claimant's representative". And that admission treats me with the same rights and privileges to represent social security claimants just like if I were able to use the words "lawyer" or "attorney". The main difference is that I don't handle other cases like traffic tickets, criminal cases, etc. as "lawyers" do. Q: What do you charge? A: My fees are contingency-based. This means that if you don't get approved, I don't charge you my fee. I go with the standard pre-approved fee agreement that has been approved by Social Security, which is 25% of your back disability benefits up to a maximum of $5,300 (or whatever the maximum may be in the future). What this means is that if we don't win, you don't pay my fee. And if we do win, then you pay me 25% but the maximum you pay will be the maximum allowed by Social Security, which is now $5,300. If your back disability, including the first check is, say, $10,000, then you pay me 25% or $2,500. If you are entitled to $25,000, then though 25% is $6,250, you don't pay that... you pay me $5,300, which is the current maximum. Q: What about expenses? A: Expenses are your baby. you are responsible for expenses regardless of whether we win or lose the case. I don't ask for any expense money up-front if you live within my local area, but you still agree to pay expenses that come up separate from my fees. If you live somewhere that I may need to travel outside of my local area, I will require some money up-front to cover expenses, and the expense money will be dependent on how far I will have to travel and overnight accommodations for when the hearing comes up. Whatever the amount is that you pay for expenses, if actual expenses are over that amount, you will owe that difference to me regardless of whether we win or lose your case. If the actual expenses are less than the amount you have paid for expenses, then I will reimburse the difference to you regardless of whether we win or lose your case. Q: How can I start my disability claims filing process? A: You start at the beginning. You can either go to your local Social Security office, or you can file online, even. Click on the Social Security link on this site and you can get started there. If you want representation from the beginning, then contact me right away when you have filed the initial claim. |
Home Bio Credentials FAQs Contact Us News  Social Security Administration  
|