Frequently Asked Questions

800-803-5090
S e r v i n g   S o u t h e r n   C a l i f o r n i a

Am I Disabled? 
To receive benefits under the social security disability and SSI programs, you must have physical or mental health problems (or a combination of problems) severe enough to keep you from working in any regular, paying job for at least 12 months. The test isn't whether you have been unable to get a job lately; and the test is simply not whether you are unable to go back to your old job. Rather, the test is whether you are capable of doing jobs that exist in the economy in significant numbers.
 
Using an extensive set of regulations, the Social Security Administration (SSA) will take into account your medical condition, your remaining ability to work, your age, education, training and work experience in deciding your case.
 
What Do I Do If I've Been Denied Benefits?
Request reconsideration. Many disabled people become disheartened after they receive a disability benefits denial notice and do not pursue their claims. This is a mistake.
 
Nationally about 60 percent of all applicants are denied benefits initially. But many of these people ultimately receive benefits. Therefore, if you are disabled but you have been denied benefits, you should contact your social security office and file for reconsideration within 60 days of the day you received your denial notice.
 
Will I Be Approved On Reconsideration?
Probably not, but don't be discouraged. So few people have benefits approved at this step that most attorneys view reconsideration simply as a hurdle that must be crossed. SSA itself is even considering doing away with the reconsideration step so that a hearing could be requested right after getting an initial denial.
 
What Is A Hearing?
The hearing, which must be requested within 60 days of receiving the reconsideration denial, is the crucial step of the process where you will have the best chance of winning. More than half of all hearings result in the claimant receiving benefits.
 
An administrative law judge will preside and testimony is taken under oath, but the hearing is informal. Strict rules of evidence do not apply.
 
Medical records will be accepted as evidence. The judge or your attorney will ask you about your medical condition, medical history, abilities, education, training, work experience and the limitations cause by your disability. You may present witnesses and you have the right to cross examine medical or vocational experts who are sometimes called by the judge to testify. You or your attorney may make a closing argument that you are entitled to benefits under social security regulations.
 
When Should I Contact An Attorney?
The sooner the better. Social Security Administration is now applying the same legal rules at the earlier stages that in the past were applied only at the hearing and Appeals Council levels.
 
What If I've Already Lost At The Hearing?
If you are still within 60 days of the day you received a hearing decision denying benefits or a denial from the Social Security Appeals Council, it may not be too late. You should contact an Attorney immediately. An experienced Attorney may still find a way to win your case at the Appeals Council or in a federal court.
 
What Information Will My Attorney Need?
When you go to your first meeting with your attorney, be sure to take along all your social security papers - denial notices, appeal forms, etc. If you have medical records in your possession take them too. 
 
It would be helpful to take the following information:
- the names and addresses of all the doctors you have seen for your disabling
  impairment and the approximate dates you saw the doctors
- the names and addresses of the hospitals where you have been treated and the
  dates
- the names and addresses of your employers during the last 15 years, dates of
  employment by each employer and a brief description of your job duties
- and the name of each medication you are presently taking, the dosage and the name
  of the prescribing doctor.