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Social
Security Disability
Frequently Asked Questions
[Q]
Why do I need someone to help me with
this process?
[A] The specific definition of what it means to be
disabled changes at various times of your life. Your
claim may also take years to work through the system.
Proving you are disabled requires a number of tasks,
including filling out forms, dealing with healthcare
professionals, and presenting your case to a Judge.
[Q]
Why is it important for an attorney to
help me?
[A] Individuals who help claimants with disability
claims are referred to as representatives. If you
retain an individual to help you who is not an
attorney
(a non-attorney representative), you
should be aware
that these representatives might
not be able to handle
all aspects of your case.
Your claim involves
legal issues. Lawyers are
trained
in how to read and interpret case law,
regulations, and
statutes in the light most favorable
to their clients.
Representatives who are not attorneys are not
similarly trained and are not able to handle all
aspects
of your case. Only a licensed attorney
who is admitted
to the Federal Bar can handle your
claim at all levels
of appeal. You should also realize
that the Judge who
decides your claim is an
attorney. In a close case, a lawyer's
knowledge
and training can
make all the difference.
[Q]
My employer’s insurance company is hiring
an out-of-state representative to
help me for
free. Is this a problem?
[A] If you retain Levine Benjamin, your insurance
company will often give you a credit for the attorney
fee that is paid to us, so any potential cost savings is
negated. We recommend retaining a local attorney.
Having familiarity with the judge who is assigned to
your claim can be crucial in obtaining benefits for you.
Lastly, you should ask yourself if the representative who
is assigned to you from the insurance company
is
working for your or the insurance company’s
best
interest.
[Q]
How long does it take to go through the
disability process?
[A] It can take four to five months to more than two
years before you know if you will be successful in
obtaining benefits.
[Q]
How do I pay a lawyer?
[A] All claims are accepted on a contingency basis. If
you don’t receive benefits, then you do not owe a
fee.
If we are successful in obtaining benefits for you
through
the hearing level, our fee is the
government approved
25% of retroactive benefits
capped at $6,000.
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