If SSA tries to send you for an evaluation
with a doctor, OR you receive a denial from SSA, that is the time to contact
an attorney. The general rule is that it is better to
contact
us earlier rather than later.
What are my chances of winning at a hearing?
The national average is about 60%.
Our win percentage is much higher. It is 85-90%.
Social Security has denied my claim.
I am very discouraged. Why should I
bother to appeal?
If you do not continue to pursue your claim you will not win. Giving up
only allows Social Security to win. Do not get discouraged! Speak with an
attorney who can help you through the Social Security process. An attorney
will take care of the paperwork and deal with Social Security for you. An
experienced attorney knows the law and knows how to put together the best
possible case. If you would like to discuss your case with one of our
attorneys, you can call our office or
fill out our online evaluation form. We
would be happy to schedule an appointment for a free consultation.
What is the Social Security hearing like?
The hearings are fairly informal. The only people
likely to be there are the judge, a secretary operating a tape recorder, the
claimant, the claimant’s attorney, and anyone else the claimant has brought
with him or her. In some cases, the judge has a doctor or vocational expert
present to testify at the hearing. There is no jury and there will not be an
attorney representing SSA.
You should contact
us as soon as you get a notice from Social Security denying your case.
There are deadlines involved in every appeal, so the general rule is that it is better to
contact
us earlier rather than later.
If the Administrative Law Judge denies my
claim, can I appeal?
Yes. You can appeal to the Appeals Council which is
still within the Social Security Administration. If you would like to
discuss your appeal with one of our attorneys, you can
call our office or fill out our online
evaluation form. We would be happy to schedule an appointment for a free
consultation.
If Social Security tries to cut off my
disability benefits, what can I do?
You should appeal immediately. If you appeal within
10 days after the date of the letter notifying you that your disability
benefits are being ceased, you can get your benefits continued while you
appeal the decision cutting off your benefits. You may also want to
talk with an attorney about representation
on your case, but you should file the appeal immediately. If you do not
file the appeal within 10 days your benefits will be cut off. You have
60 days from the date of the cut off letter to appeal and ask that the
benefits be reinstated. See issue #1 of our
newsletter for information on Continuing Disability Reviews.
What is the Appeals Council?
The Appeals Council is a panel of judges that
review Administrative Law Judge decisions. This is the first stop in the
appeals process.
We have successfully handled many appeals to the
Appeals Council. If you would like to discuss your appeal with one of our
attorneys, you can call our office or
fill out our online evaluation form. We
would be happy to schedule an appointment for a free consultation.
Can I appeal a case beyond Social Security to
the Federal Courts?
Yes. After being denied by the Appeals
Council, you can appeal to the Federal Courts. A Social Security disability
claim can go all the way to the U.S. Supreme Court. The Supreme Court
actually hears an appeal about a Social Security disability case about once
every two years.
We have successfully handled many cases to Federal
Court. If you would like to discuss your appeal with one of our attorneys,
you can call our office or
fill out our online evaluation form. We
would be happy to schedule an appointment for a free consultation.
How do I know if I qualify for extra help
with Medicare prescription drug costs?
You should get a letter from Medicare saying that you automatically
qualify for extra help. If you don't automatically qualify, Social Security
is sending people with limited income resources an "Application for Help
with Medicare Prescription Drug Plan Costs." If you think you may qualify,
call 800-772-1213 or visit
www.socialsecurity.gov. After you complete the application, Social
Security will mail you a letter telling you if you qualify for extra help.
If you want to apply for the subsidy you must make two applications: one
for enrollment in a Medicare plan that covers prescription drugs and another
for the subsidy. The two applications may be made in either order; but the
subsidy does not begin until both steps have been taken.
For help with Medicare part D benefits in Colorado, please visit the
state's
Department of Insurance.
Our lawyers handle all types
of claims for Social Security Disability - Social Security Disability
Insurance, Supplemental Security Income,
children's Supplemental Security Income. We also handle appeals - to the Appeals Council and Federal Court.
If you want to speak to a lawyer in Colorado
Springs about
your Social Security disability case, you have several
options-you can fill out our online
Social Security evaluation form,
call
us, or
e-mail
us, and a Colorado Springs attorney will evaluate your case for FREE.
We
have many clients from around Southern Colorado including Alamosa, Buena Vista, Colorado
Springs, Durango,
Salida, Lamar, La Junta, Pueblo and Walsenburg.
We have helped thousands of people just
like you get the benefits they deserve.
Find out what happens after you get denied
What
you need to know once you're on benefits