Why should I have a lawyer?
Our team of experts is made up of trained professionals who will take the time to explain laws that apply to your specific situation, help review possible options, and lead you through negotiating settlements. We also offer services that provide you with legal documents and notarizations.
How do I choose a lawyer?
There are many choices when it comes to selecting a firm to represent your legal interests. Be sure that the lawyer you choose is someone you can rely on to give your needs the attention they deserve. Our professionals will not take a case that we are not 100% committed to.
What does disability mean?
Under the Social Security Act, "disability" means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.
Are there different types of disability programs through the Social Security Act?
There are 5 different types of disability under the Act. First, there is the disabled worker. This covers those workers who have earned sufficient quarters of coverage to be covered based on their own earnings. Second, there is the disabled widow or widower. Third, there is the disabled adult child. Fourth, there is the Supplemental Security Income benefit for those who are disabled, who do not qualify for regular disability, and who are poor and meet strict income and asset requirements. Lastly, there is the SSI benefit for disabled children under age 18.
What are the major differences between Social Security Disability and SSI for adults?
- Social Security Disability is like insurance that you have paid for by working. For most workers, in order to obtain Social Security Disability benefits, you must be disabled and you must have worked twenty (20) out of the last forty (40) years to meet insured status. Even if you think that you have not worked enough to qualify, we strongly encourage you to go ahead and apply anyways. You can be awarded Social Security Disability benefits no matter how many assets you own or the level of your income from non-working sources.
- SSI is not funded by your previous work history. Instead, it is paid for by all the taxpayers. To obtain SSI benefits, you must be disabled and you must be in pretty severe financial circumstances. You can't own much property or have a lot of income.
What is the process of applying for Social Security Disability and/or SSI benefits?
The first step is to apply at the Initial Application level. If you are denied benefits at Initial Application level, you have 60 days from the date of the initial denial letter to file a Request for Reconsideration. At the Reconsideration level, Social Security will again examine your claim. If you are denied benefits at the Reconsideration level, you must request a hearing before an Administrative Law Judge within 60 days from the date of the Reconsideration denial letter. At the hearing, you can testify regarding your medical conditions and limitations and also can have witnesses testify on your behalf. The Judge may order Vocational Experts and Medical Experts to testify at your hearing as well. If you are denied benefits at the hearing level, you can appeal your case to the Appeals Council. If you are denied at the Appeals Council, you can file a lawsuit in Federal Court.
How long does the process take?
Your case may take a long, long time. The initial stage, from application to initial determination, may take 4 to 6 months. The reconsideration stage may take another 4 to 6 months. If a hearing is requested, that may take from 24 to 30 months to get a hearing before an administrative law judge. A request for review by the Appeals Council may take 12 months or longer. A complaint in federal court adds at least another year.
Why does the process take so long?
In 1999, there were about 1000 administrative law judges and the caseload was about 300,000 cases awaiting a hearing. In September 2008, there are still about 1000 judges and the caseload was about 765,000 cases awaiting hearings. There are fewer employees in the Social Security Administration now than there were in 1976. Budget cuts since 1992 have reduced the number of assistants for each judge. So what you have is fewer workers confronted with an ever mounting pile of cases requiring workup for hearings and decisions. The same problem confronts the adjudicators at the state level. Add to that the increasing population and the diseases and injuries that people are surviving and the influx of new disability applications.
For the applications filed with the Augusta office, the Atlanta North hearings office handles these cases. There are over 12,000 cases awaiting hearings. That is why there is an almost 30 month wait to get a hearing. It is much the same nationwide.
Can I get my Congressman or Senator to pull some strings and get the disability approved?
The short answer is no. Your Congressman or Senator cannot get you disability. The Social Security Administration is an independent agency over which Congress has no control except through the budget. However, the hearings office will pull a file for a Congressman or Senator and move it closer to the top of the pile.
How long do I have to apply for benefits?
These rules are very complicated. As a rule of thumb, you should apply as soon as possible after you become disabled. Even if you think you have waited too long to apply, you should apply anyway and explain why you waited. There are some rules that allow you to file late in some circumstances.
What diseases or conditions qualify for benefits?
There are many diseases or medical conditions that can cause a person to be disabled under the rules of the Social Security Administration. Some of the most common disabling diseases include Chronic Fatigue Syndrome, Chronic Pain Disorders (including back and neck pain), Fibromyalgia, Rheumatoid Arthritis, Lupus, Multiple Sclerosis, Chronic Headaches, PTSD, Depression, Bi-polar Disorder, Congestive Heart Failure, Emphysema and Cancer. There are many other medical conditions and diseases that can cause someone to be found disabled under Social Security's rules.
How do I prove that I am disabled?
It is very important that you have medical documentation for your impairments. This is usually done by having your doctor provide medical records and other important medical reports. Our law firm will work with your doctors to ensure that Social Security has all of the documents that best support your claim.
Should I obtain a lawyer?
The fact that you and your doctor agree you are disabled is not enough to win your case. An experienced Social Security Disability lawyer will help build your case, develop a case strategy, and obtain a complete set of your medical records and critical opinions from your doctor that will maximize your chances of success. More often than not, your doctor will not be familiar with the strict regulations that Social Security applies in determining whether you are disabled under their rules.
How do I pay for a lawyer?
Most lawyers, including our firm, will represent you on a contingency fee basis. Social Security limits the fees that attorneys can charge. The law sets that attorney's fee at 25% of your back-due benefits with a statutory cap. We do not receive any attorney's fees from your future benefits.
Do I really need a lawyer?
Whether you hire us or another lawyer, you should hire a skilled Social Security Disability lawyer to help you with your case. Statistics show that you have a significantly better change of winning your case if you hire an experienced Social Security Disability Attorney. A Social Security Disability lawyer can ensure that the Social Security Administration has all of the necessary medical records and opinions to support your claim and will know how to best present your case at the hearing. A successful claimant can receive hundreds of thousands of dollars in back due and future benefits. This amount does not include the value of the lifetime health insurance they would also receive through Medicare or Medicaid. Because the amount of the benefits can be staggering, the truth is, you can't afford not to hire an experienced disability attorney!
Why should I hire Wilkinson and Magruder, LLP?
- We are experienced Social Security Disability attorneys and focus our practice on helping people apply for Social Security Disability and SSI benefits.
- Les Wilkinson and Andy Magruder personally meet with all their clients from the beginning and handle every claim and hearing. We do not send non-lawyers to represent you before a judge.
- We stay up to date with the changing disability laws.
- We handle claims in Georgia and South Carolina.
- We care about you and your claim.
How do I contact Wilkinson and Magruder, LLP?
You can call our office at (706) 737-0771 or (800) number and schedule a free consultation about your disability case. You will be given a prompt appointment. We are conveniently located at 2050 Walton Way, Suite 202, Augusta, Georgia 30904.