How a Representative Can Help You Apply for Disability Benefits

Social Security disability insurance is coverage that workers earn Social Security Disability Insurance (SSDI) is a social insurance program under which workers earn coverage for benefits, by working and paying Social Security taxes on their earnings. The program provides benefits to disabled workers and to their dependents. For those who can no longer work due to a disability, our disability program is there to replace some of their lost income. The Social Security Act defines disability very strictly Eligibility rules for Social Security's disability program differ from those of private plans or other government agencies. Social Security doesn't provide temporary or partial disability benefits, like workers' compensation or veterans' benefits do. To receive disability benefits, a person must meet the definition of disability under the Social Security Act (Act). A person is disabled under the Act if they can't work due to a severe medical condition that has lasted, or is expected to last, at least one year or result in death. The person's medical condition(s) must prevent them from doing work that they did in the past, and it must prevent them from adjusting to other work. Because the Act defines disability so strictly, Social Security disability beneficiaries are among the most severely impaired in the country. In fact, Social Security disability beneficiaries are more than three times as likely to die in a year as other people the same age. Among those who start receiving disability benefits at the age of 55, 1-in-6 men and 1-in-8 women die within five years of the onset of their disabilities. Disability is unpredictable and can happen to anyone at any age Disability is something many Americans, especially younger people, think can only affect the lives of other people. Tragically, thousands of young people are seriously injured or killed, often as the result of traumatic events. Many serious medical conditions, such as cancer or mental illness, can affect the young as well as the elderly. The sobering fact for 20-year-olds is that more than 1-in-4 of them becomes disabled before reaching retirement age. As a result, they may need to rely on the Social Security disability benefits for income support. Our disability benefits provide a critical source of financial support to people when they need it most. Social Security disability payments are modest At the beginning of 2019, Social Security paid an average monthly disability benefit of about $1,234 to all disabled workers. That is barely enough to keep a beneficiary above the 2018 poverty level ($12,140 annually). For many beneficiaries, their monthly disability payment represents most of their income. Even these modest payments can make a huge difference in the lives of people who can no longer work. They allow people to meet their basic needs and the needs of their families. The number of people qualifying for Social Security disability benefits has increased For almost 60 years, Social Security disability has helped increasing numbers of workers and their families replace lost income. Several factors have contributed to this increase, which the Social Security Trustees and our actuaries have projected for decades. For example, baby boomers have reached their most disability-prone years and more women have joined the workforce in the past few decades, working consistently enough to qualify for benefits if they become disabled. Despite the increase, the 9 million or so people getting Social Security disability benefits represent just a small subset of Americans living with disabilities. Social Security works aggressively to prevent, detect, and prosecute fraud Social Security, along with the Office of the Inspector General, identifies and aggressively prosecutes those who commit fraud. Our zero tolerance approach has resulted in a fraud incidence rate that is a fraction of one percent. One of our most effective measures to guard against fraud is the Cooperative Disability Investigations program. Under the program, we investigate suspicious disability claims early, before making a decision to award benefits. In effect, we proactively stop fraud before it happens. In fiscal year 2018, with the help of state and local law enforcement, the program reported nearly $188.5 million in projected savings to the disability programs. This resulted in a return on investment of $17 for each $1 spent. Eradicating fraud is a team effort. We need people who suspect something to say something. If you suspect fraud, please visit the Office of the Inspector General and select Report Fraud, Waste, or Abuse or call 1-800-269-0271. Social Security helps people work without losing benefits Often, people would like to re-enter the workforce but are afraid they might lose disability benefits if they try to get a job. If you are age 18 through 64 and receive Social Security disability benefits, you can participate in Social Security’s Ticket to Work program. The Ticket to Work program allows you to receive free employment support services and take advantage of work incentives that make it easier to work and still receive benefits such as health care. In some instances, you can receive cash benefits from Social Security, and you are protected if you have to stop working due to your disability.

You can have a representative, such as an attorney or non-attorney, to help you with your claim for Social Security Disability and SSI. Once you appoint a representative, he or she can act on your behalf before SSA by: Getting information from your Social Security file; Helping you get medical records or information to support your claim; Going with you, or for you, to any interview, conference, or hearing; Requesting a reconsideration, hearing, or Appeals Council review; and Helping you and your witnesses prepare for a hearing and questioning any witnesses. What a Representative May Charge You For your protection, in most situations, a representative can’t charge or collect a fee from you without first getting written approval from SSA. If you and your representative have a written fee agreement, your representative may ask SSA to approve it any time before we decide your claim. Usually, we’ll approve the agreement and tell you in writing how much your representative may charge as long as: The fee agreement is filed before SSA decides your case; Both parties sign the agreement; SSA approved your claim and you're getting past-due benefits, and The fee you agreed on with your representative isn't more than 25% of past-due benefits or $6,000, whichever is less. At Hogan Smith, our fee agreement is in compliance with SSA rules. You can rest assured that we do not charge or collect a fee without first receiving approval from SSA. In fact, our fees are generally withheld by SSA and paid separately. That way, your past-due benefits are paid directly to you and not through our office. And lastly, if you do not receive past-due benefits, you do not owe us a fee. We are here to help. If you have questions about how a representative can assist you with your claim or the fee agreement process, give us call at 407-377-0700.

Social Security and Supplemental Security Income (SSI) benefits for approximately 70 million Americans will increase 8.7 percent in 2023. The 8.7 percent cost-of-living adjustment (COLA) will begin with benefits payable to more than 65 million Social Security beneficiaries in January 2023. Increased payments to more than 7 million SSI beneficiaries will begin on December 30, 2022. (Note: some people receive both Social Security and SSI benefits). The maximum amount of earnings subject to the Social Security tax (taxable maximum) will increase to $160,200. The earnings limit for workers who are younger than "full" retirement age (see Full Retirement Age Chart ) will increase to $21,240. (We deduct $1 from benefits for each $2 earned over $21,240.) The earnings limit for people reaching their “full” retirement age in 2023 will increase to $56,520. (We deduct $1 from benefits for each $3 earned over $56,520 until the month the worker turns “full” retirement age.) There is no limit on earnings for workers who are "full" retirement age or older for the entire year.

What are “online video hearings”? An online video hearing is a secure hearing that is conducted by video, over the internet, using Microsoft Teams. You can appear in an online video hearing safely and securely from anywhere using a smartphone, tablet, or camera-enabled computer with a secure internet connection. What are the technology requirements to participate in an online video hearing? To participate in an online video hearing, you must have access to email. You may appear at the hearing using a personal desktop computer, laptop, or an Android/Apple tablet or phone with a secure internet connection. Your device must have a camera, microphone, and speakers. Before the date of your online video hearing, SSA will email you a link to a user guide that explains how to access and use Microsoft Teams on your personal device of choice. You can also visit www.ssa.gov/appeals/hearing_options.html to view the user guide. What happens during the online-video hearing? An Administrative Law Judge (ALJ) will conduct the online video hearing in the same manner as in-person and telephone hearings. The ALJ will ask you and any witness(es) to take an oath or affirm that your testimony is true. You will have a chance to testify and tell the ALJ about your case, and the ALJ may ask you and any witness(es) questions to help make a decision in your case. You also will have the opportunity to ask questions during the hearing. You will be able to see and hear the ALJ and your representative if you have one appointed. Other participants, such as a vocational expert, medical expert, or interpreter, may join the online video hearing by phone. Your Right to Representation. You can have a representative, such as an attorney or non-attorney, help you when you do business with Social Security. Please call us if you have any questions about your disability hearing. We are happy to help!

After you apply for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) payments, SSA may need you to have a special medical examination or test before making a decision on your claim. The Disability Determination Services (DDS) reviews your disability claim and makes the disability decision for SSA. Sometimes, they need more information before they can decide if you have a disability under Social Security law. If so, they ask you to have a Consultative Evaluation (CE) that they will pay for. It’s your responsibility to take the exam or test and cooperate with the doctor examining you. If you can’t keep the appointment, let DDS know right away. The contact phone number and address are provided in the letter that you receive notifying you about the exam or test. If you don’t let DDS know that you can’t keep the appointment, DDS will make a decision based solely on the information already available in your case. You may be told that you do not have a disability as a result of this because DDS won’t have enough information to make a favorable decision. The doctor who sees you will only conduct the exam or test and get specific information requested by DDS. The doctor will not take part in deciding whether you have a disability and will not prescribe treatment or medication to you. The doctor will send a report of the exam or test to DDS. DDS will review the doctor’s report along with all of the other information in your case and make the decision on your case. Things to remember: Confirm that you will attend the appointment. The exam or test requested is intended to provide additional information needed to help the state agency make a decision in your case. If you can’t keep the appointment, you must let the state agency know right away. If you don’t, the state agency may decide that you no longer have a disability. If DDS asks you to attend a Consultative Evaluation, there are things that you do to prepare for your exam. We can help you get ready, know what questions to ask, and what you can expect during the exam. If you need help or have questions, call or text us at (407) 377-0700.

Completing a function report for Social Security can be an important step in the disability application process. The purpose of the report is to provide additional information about your daily activities, limitations, and ability to function. Here are some tips to keep in mind when completing the form: Be thorough: Take your time when completing the function report and provide as much detail as possible. The more information you provide, the better the chances are that Social Security will understand the full extent of your limitations. Be honest: Be honest and truthful when answering questions on the form. Don't exaggerate your symptoms, but also don't downplay them. Social Security will compare your answers to your medical records, so it's important to be accurate. Use examples: Use examples to illustrate how your condition affects your daily activities. For example, if you have difficulty walking, describe how far you can walk before needing to rest. Describe your symptoms: Describe your symptoms in detail, including their frequency and severity. For example, if you have chronic pain, describe how often you experience it and how severe it is. Focus on your limitations: The function report is primarily about your limitations, not your abilities. Be sure to focus on how your condition limits your ability to work, take care of yourself, and perform daily activities. Get help if you need it: If you have difficulty completing the form, don't be afraid to ask for help from a family member, friend, or medical professional. Remember, the function report is an important part of the disability application process. Taking the time to complete it thoroughly and accurately can help ensure that Social Security has a complete understanding of your limitations and can make an informed decision about your disability claim. Navigating the complexities of the Social Security Disability system can be overwhelming, but you don't have to go through it alone. Seeking professional representation can make a significant difference in the outcome of your disability claim. A knowledgeable and experienced Social Security Disability representative can guide you through the application process, gather relevant evidence, and effectively present your case to the Social Security Administration. Don't hesitate to reach out and explore your options for representation. Take a proactive step towards securing the benefits you deserve by seeking the support and expertise of a qualified Social Security Disability representative today. Your future financial security and well-being may depend on it. For a free consultation, please call us at (407) 377-0700.

The pain questionnaire from social security is designed to gather information about an individual's pain and how it affects their ability to perform daily activities. To complete the questionnaire, follow these steps: Read the questions carefully and answer them truthfully. Be as specific as possible in your answers and provide examples if necessary. Use descriptive words to describe the intensity of your pain, such as mild, moderate, severe, or unbearable. Be honest about how your pain affects your ability to perform daily activities, such as standing, walking, sitting, lifting, and carrying objects. Include any additional information that may be relevant, such as the frequency and duration of your pain, any treatments you have received, and any side effects of the treatments. Submit the completed questionnaire to the Social Security Administration as directed. It is important to be honest and thorough in your responses to the pain questionnaire, as this information will be used to determine your eligibility for disability benefits. If you have any questions or need assistance in completing the questionnaire, please feel free to contact me. However, please complete the questionnaire as well as you can before calling. In addition, you can send me a text message with any questions that you have. Navigating the complexities of the Social Security Disability system can be overwhelming, but you don't have to go through it alone. Seeking professional representation can make a significant difference in the outcome of your disability claim. A knowledgeable and experienced Social Security Disability representative can guide you through the application process, gather relevant evidence, and effectively present your case to the Social Security Administration. Don't hesitate to reach out and explore your options for representation. Take a proactive step towards securing the benefits you deserve by seeking the support and expertise of a qualified Social Security Disability representative today. Your future financial security and well-being may depend on it. For a free consultation, please call us at (407) 377-0700.

When you are scheduled to have a consultative exam with Social Security, it's likely because they need additional medical information to make a decision about your disability claim. Here are some tips to help you prepare for the exam: Review your medical records: Take some time to review your medical records and familiarize yourself with your medical history. Make a list of any conditions, symptoms, or medications you are currently taking. Bring necessary documents: Bring any medical records, x-rays, or test results related to your condition to the exam. Also, bring your Social Security number and a photo ID. Be prepared to discuss your condition: The examiner will likely ask you questions about your condition and how it affects your ability to work. Be honest and provide as much detail as possible. Dress comfortably: Wear comfortable clothing to the exam, but try to avoid clothing that makes it difficult for the examiner to see and evaluate your condition. Arrive early: Arrive early to the exam to allow yourself plenty of time to find the office, fill out any necessary paperwork, and relax before the exam. Be respectful and polite: Be polite and respectful to the examiner and staff. Remember that they are there to help you get the benefits you need. Overall, the most important thing to remember is to be honest and provide as much detail as possible about your condition.

It's always a good idea to consider hiring a representative to help you with your social security disability claim. While you can technically file the claim on your own, the process can be complex and difficult to navigate without the help of a professional. A representative can help you with the following: Gathering and organizing your medical records and other relevant documentation. Filing the claim paperwork and ensuring that all necessary information is included. Representing you at hearings or appeals if necessary. Providing you with guidance throughout the process and answering any questions you may have. It's important to note that not all representatives are created equal, so it's important to do your research and choose someone who has experience with social security disability claims and a track record of success. Additionally, while representatives are permitted to charge a fee for their services, their fees are regulated by the Social Security Administration, so be sure to ask about fees before hiring someone. Ultimately, the decision to hire a representative is up to you and your specific circumstances. If you feel confident in your ability to navigate the process on your own and have a good understanding of the requirements, you may be able to file your claim without a representative. However, if you're unsure or have any concerns, hiring a representative may be a good idea.