Social Security Disability Lawyers

Who is entitled to social security disability benefits?

How do i qualify for social security disability benefits?

You must be able to prove to the Social Security Administration that you cannot perform your former job or any regular, paying job because you are disabled. Your disability must also be expected to last at least twelve months or result in death.

Different rules apply if you are over 50 or under 25 years of age. There are also exceptions to these requirements if you are legally blind. If you have questions regarding your eligibility, it is best to check with someone experienced in handling Social Security disability claims.

What do i do to apply for benefits?

Call your local Social Security office or their national number at 1-800-772-1213 as soon as possible after the disability occurs. Do not wait until you have experienced twelve months of disability to apply. Your disability must only be expected to last a full year to receive benefits.

The Social Security office will schedule an appointment to take your application, either over the phone or in their office. You will need to provide them with the following documents when applying for Social Security disability:

• an original or certified copy of your birth certificate
• Social Security numbers of all persons applying for benefits (your spouse and children)
• dates of any prior marriages if your spouse is applying for benefits
• documentation of earnings for the past twelve months (a copy of your W-2, federal tax return, last pay stub, or a statement from your employer)
• names, addresses and phone numbers of doctors, hospitals, or clinics that have treated you
• medical records and dates of treatment from your doctors, hospitals, or clinics
• a list of all medications you are currently taking

How long after I apply will there be a decision?

The waiting time for a decision from the Social Security Administration on claims varies. To expedite your claim, supply as much information as possible when initially applying for disability, be certain all information is correct, and include all necessary telephone numbers and addresses. The Social Security Administration will contact your doctors and may send you to additional doctors for evaluation at no cost to you.

What should I expect if I am found to be disabled and eligible for benefits?

What can I do if social security denies benefits?

Don't give up. In most cases, the Social Security Administration will deny benefits at first, including many people with serious disabilities. After your first denial of benefits, you can file a Request for Reconsideration by calling or visiting your local Social Security office or having a representative do it for you. This must be done within 60 days of your denial of benefits. Your case will be reviewed again and you will be notified by mail of the decision. It is not unlikely for you to be turned down again, at the second stage.

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 office. 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 small, private conference room. 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 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 have an attorney when filing for Social Security benefits. 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.

For free answers to your legal questions about a Social Security disability claim, please call us toll-free or complete this convenient online contact form.

The Social Security Disability Claimants' Representatives at Martin & Jones work under the guidance of attorney Hoyt Tessener. North Carolina law allows non-attorney representatives to represent claimants in Social Security disability claims.