Social Security Disability

an overview

Trying to prove disability to the Social Security Administration can be a very complex matter. 

We've seen all to often claimants truly believe they are disabled and figure they can apply on their own without an attorney's help.  Usually by the time they come to see me, they are shocked that they were denied benefits.  What sets me apart from many attorneys claiming to be able to represent you is that we usually are able to figure out exactly why you have been denied benefits, which is something that requires an experienced attorney. 

Consultations are FREE!  What does it hurt to ask?!

Definition of Disability

    * This isn't Social Security's definition, but it is a good shortcut to understand what you're up against:

1. A claimant must PROVE
2. they have a MEDICALLY DETERMINABLE IMPAIRMENT (or impairments)
3. that is so SEVERE
4. that there is NO JOB in the economy
5. that the claimant CAN DO given their education, experience, and age.

What is NOT a disability

    It is NOT a disability to be ill or sick.  It is not a disability to have degenerative disc disease.  It is not a disability to be a diabetic.  It is not a disability to suffer depression or anxiety. 

    These are all things that most of the national population suffer in varying degrees and at different times.  The issue therefore becomes this - is your illness so severe that you couldn't hold down any job earning what the SSA calls substantial gainful activity (SGA). In 2008, if you are able to earn that SGA which is $940/month GROSS (not take home pay), then, generally, you are NOT disabled.

    You also need to understand there is a difference between impaired and disabled.  Impaired is a medical term of art that indicates you have some sort of functional limitations that impact you daily.  Disabled is a vocational/job term of art that indicates how much work you can or cannot do. 

This misunderstanding of what is NOT a disability is why, in my experience, most claimant's get denied benefits.

Okay, so how much will it cost you to hire an attorney?

    Attorneys in this area, typically charge on a contingent basis.  This means if you don't win, you don't have to pay any attorney fees.  We charge 25 percent of past due benefits up to the maximum of allowed by law ($5,300 as of August 2008) for benefits secured for you and your family.