Our firm has had extensive experience in dealing with Social Security Disability cases over the years. Jay Causey and Sue Andrews belongs to the National Organization of Social Security Claimants' Representatives, which issues monthly updates on developments in the law on administrative processes, and lobbies Congress on behalf of claimants. In addition, we restrict our practice to medical-legal matters, so we are in a position to coordinate a Social Security disability claim with any other insurance-related matter.

How can an attorney help me with my Social Security Disability case?
Social Security Disability has evolved into a very complicated area of the law. There are literally hundreds of laws and regulations, and thousands of cases construing them, which will determine whether the facts of your particular case will result in a finding of "disabled". Court cases, legislative changes and administrative revisions occur on a frequent basis, and these may impact your eligibility for benefits. An attorney knowledgeable about these laws and regulations, and the system in general, can help to increase your chances of obtaining benefits.

What does a hearing involve? Is it a formal court proceeding, and is the Social Security Administration represented by an attorney?
These hearings combine formality and informality. The testimony of all witnesses is taken under oath, but medical reports can be offered into evidence, instead of having a doctor testify, and both the claimant and attorney are allowed ample opportunity to provide all facts relevant to the disability in question and to express opinions. The Administration is not currently represented by an attorney in these hearings. However, the Administrative Law Judge who hears the case may subject you to lengthy and detailed questioning. Additionally, the judge may call a medical or vocational expert to help interpret the evidence in the case. The proceedings are recorded by an administrative assistant so that an official record is made.

After the hearing, how long will it be until I receive a decision and, if the decision is favorable, when will I begin to receive benefits?
Judges widely vary in their decision-making timetable, in part because of differing caseloads. A rough estimate for a decision is one to two months from the hearing date at the earliest, and sometimes up to six months, particularly if additional evidence is submitted. You will receive the decision, as will your attorney. A favorable decision is sent on to one of the Administration's processing centers for the computation of your benefits and you should not expect to receive any benefits until a separate Certificate of Award is issued, usually two to three months after the favorable decision. You will generally receive any retroactive benefits shortly after the award certificate issues, and current benefits, if appropriate, will begin at about the same time. Regrettably, there is virtually nothing we can do to speed up the payment process.

What attorney fees should I expect to pay?
The Social Security Administration has set limits to the fee structure attorneys can use in their contracts of employment. With this, the fee charged by all attorneys is fairly standardized. Social Security will withhold 25% of the retroactive benefits and will forward that fee, less a handling fee, directly to the attorney. This payment is for the attorney's fee only, and does not include the reimbursement of costs incurred. This remains a matter between you and your attorney. In any case, regardless of the size of the retroactive benefits awarded, the fee may not exceed $5300.00.

Please feel free to contact our office for more information.