Social Security Disability
Social Security Disability Attorney, Kent County, Michigan
Have you been denied social security disability benefits by the Social Security Administration (SSA)? If so, you are not alone. Most people are denied on their first application and are successful on their appeal, after hiring a social security disability attorney. At the law firm of Ryan, Podein, Joyce & Postema, P.C. , in Grand Rapids, Michigan, we have the experienced lawyers you need on your side at your SS hearing. We will help you get your benefits.
You must appeal your denied disability claim within 60 days from the date on your denial letter. Therefore, it is very important to contact a social security disability lawyer immediately after you are denied benefits so you do not miss any important deadlines.
Generally, people are entitled to disability benefits if they have a disability that is expected to prevent them from working for at least 12 months. However, you do not have to wait 12 months to apply for social security disability benefits. If you qualify, benefits can begin in as soon as five months.
Social security disability claims proceed on a contingency fee arrangement meaning you do not pay attorneys fees unless we recover benefits for you. If your application was denied, delaying your appeal may cost you your chance to secure benefits. Contact us to schedule a free consultation with a social security disability attorney. For your convenience, night and weekend office hours may be arranged by appointment.
Common Questions About Applying For Social Security Disability Benefits
How can I tell if am disabled enough to apply for Social Security disability benefits?
The Social Security Administration makes it easier to be found disabled as you get older. If you are over the age of 55 and you cannot do any job that you have done in the past 15 years, you should definitely apply. If you are over the age of 50 and have a severe impairment that keeps you from doing all but the easiest jobs, you ought to apply.
You do not have to be bedridden even if you are a younger person. If you are under the age of 50 and you cannot perform your past jobs and cannot work full-time at any regular job, then you should apply.
Nevertheless, being unable to work and being found “disabled” by the Social Security Administration are two very different things. It is oftentimes difficult to convince the Social Security Administration that someone is “disabled” even when they genuinely cannot work, but it is not impossible.
If you really cannot work, you should apply for disability benefits. If you are denied, you should appeal the denial by requesting a hearing by an Administrative Law Judge.
How do I apply for Social Security disability benefits?
You can telephone the Social Security Administration at 1-800-772-1213. When you call, you will he given the option of going in person to the local Social Security office to apply for benefits or having your application taken over the telephone. If you choose to apply in person, the claims representative at the 800 number will schedule a date and time and let you know of the location of your nearest Social Security office. If you choose a telephone appointment, you will given a date and approximate time that a Social Security representative will call to take your claim.
Should I contact an attorney to help me to apply for Social Security disability benefits?
As a rule, a person does not need an attorney’s assistance to file the application. Social Security makes this part relatively easy and straightforward. Again, it is very important that the application be completed as accurately as possible, do not exaggerate or minimize your disability. Always keep a copy of your application for future reference. You are more than welcome to contact our office if you have specific questions about the application process.
How do I appeal?
You may appeal in one of three ways: 1) Telephone the Social Security Administration and make arrangement for your appeal to be handled by phone and mail; 2) Go in person to the Social Security office to submit your appeal and be sure to take along your denial letter; or 3) Contact an attorney to assist in the appeal process.
Your denial letter will tell you about appealing the decision. Remember that it is important that you take one of the above steps within 60 days of the date on the decision letter.
What happens if I am denied benefits and I do not appeal within sixty days?
If you do not appeal the denial, called the Notice of Disapproved Claim, within the sixty days allotted, you will have to start over by filing a new application and you will lose any back benefits that you may have been entitled to. It is important to appeal the denial within sixty days of the date stamped on the decision. It is better if you begin the appeal process right away after receiving the unfavorable decision because the quicker that you get to the hearing stage, the better.
What is the most common mistake that people make when trying to get disability benefits?
The biggest mistake is failing to appeal the denial. More than half of the people whose applications are denied fail to appeal.
Another mistake is made by people who fail to obtain appropriate medical treatment and care. Some people with long-term chronic medical problems feel that they have not been helped much by doctors, and for the most part, they stop going for treatment. This is a mistake for both medical and legal reasons. First, no one needs medical care more than those with chronic medical problems. Secondly, medical treatment records provide the most important evidence of disability in a Social Security case. The lack of medical treatment is very damaging to a Social Security case.
Since medical evidence is so important, should I have my doctor write a letter to the Social Security Administration and should I gather medical records and send them in to Social Security Administration?
Social Security and/or your attorney will obtain all of your medical records, so it is not necessary for you to do so unless asked by either of the above. Whether you should ask your doctor to write a letter is a difficult question. Some people have won their cases by asking for such a letter, however, medical-legal issues are complicated in most disability cases and a doctor may inadvertently give the wrong impression if not asked for very specific information and reasoning for their opinion. Thus, obtaining medical reports may be something best left for an attorney to do.
When should I contact you about representing me?
In most cases, we suggest people wait until a denial is received and it is time to appeal before contacting our office about representation, however, we would at anytime during the application process be happy to answer any questions you may have.
How much do attorneys charge?
The standard fee is 25% of all back benefits up to $5,300.00.
In addition to the fee, you would be expected to pay the expense of gathering medical records, obtaining medical opinion letters, completion of forms by physician, etc. We will keep a running tab of all expenses that we pay out while your case is on appeal. After you receive a favorable decision, we will inform you of these expenses and ask that you reimburse our office after you receive your back benefit check.
If I have other questions, will you answer them by telephone?
Yes. If this outline does not answer all of you questions, please feel free to contact our office at 1-888-934-4400.
