Social Security Disability

Who Is Entitled To Social Security Disability Benefits?

If you have a history of employment for at least five of the past ten years and a physical or mental impairment is preventing you from any kind of substantial gainful employment, you may qualify for Social Security Disability benefits.

What Happens If Social Security Denies My Request For Reconsideration?

Once your Request for Reconsideration is denied, you can appeal the decision by asking for a hearing.  You have 60 days to file a Request for Hearing at your local Social Security Administration (SSA) office.  At this point, most applicants have a representative.  The hearing is a chance for you to explain your situation directly to someone who can grant you benefits.  

The judge will question you about your disability in a private setting.  The only people at the hearing will be the judge, an assistant to the judge, you, your representative, and any witnesses.  Your representative will be able to cross-examine any experts who claim you are ineligible to receive benefits.  

It usually takes several months for the Social Security Administration (SSA) to set a hearing date.  Social Security will notify you at least 20 days prior to the hearing date and it will be held within 75 miles of your place of residence.  

Do I Need An Attorney?

It is not necessary to retain a lawyer when filing for Social Security benefits.  In fact, a representative, qualified by the Social Security Administration does not need to be an attorney to represent you.  However, should your initial application for Social Security benefits be denied, the sooner a qualified representative can review your claim, the better.

The Social Security Administration's own statistics show that people who have representation are more likely to receive benefits.  Our non-attorney representatives at Martin & Jones will know how to best work with you, your treating physicians, past employers, and the Social Security Administration to present your case in the strongest way possible.  

Filing a claim for Social Security disability does not require an attorney; you can represent yourself.  However, we recommend that you retain representation skilled in Social Security disability.  At Martin & Jones, our non-attorney representatives are recognized by the Social Security Administration and are ready to assist you.