If you are like most people you think that Social Security is strictly a retirement program. Although most of the beneficiaries (over 60%) receive retirement benefits, many others get Social Security because:

• They are disabled;
  
• They are a dependent of someone who gets Social Security; or
  
• They are a widow, widower, or a child of someone who has died.

Therefore, depending on your circumstances, you may be eligible for Social Security at any age. According to the Social Security Administration, 40 million people, almost 1 out of 6 Americans collect some kind of Social Security benefits.

How Does It Work?

The idea behind Social Security is simple. An individual pays taxes into the system during your working years and then if you retire or become disabled, you or members of your family receive monthly benefits.

Social Security taxes are used to pay for Social Security benefits. Also, a portion of your taxes is used to pay for part of your Medicare coverage. General tax revenues are used to finance the Supplemental Security Income program.

You must work and pay taxes into Social Security in order to get benefits. As you work and pay taxes, you earn Social Security “credits". Most people need 40 credits for benefits. Most people who work earn about 4 credits a year.

What If You Do Not Have Enough Credits?

If you haven't worked long enough to get Social Security or if you only get a small amount, you may be eligible for Supplemental Security Income (SSI).

What Does Social Security Mean By "Disability"?

Social Security has a specific definition for the term disability. It is very specific and is related to your ability to work. To qualify for disability from Social Security, you must have a physical or mental impairment that is expected to keep you from doing any "substantial" work for at least a year. Or you must have a condition that is expected to result in your death.

This is a fairly strict definition of disability and in order to receive benefits you must meet the definition or you will not be able to receive benefits. There is no such thing as a "partial" disability payment from Social Security.

Social Security's rules are different from other plans or government agencies. So the fact that you qualify for disability from somebody else does not mean that you will be eligible for Social Security. Further, the fact that you have a statement from your doctor indicating that you are disabled does not mean that you will be automatically eligible for Social Security disability or SSI payments.

What To Do If You Become Disabled

If you become disabled, you should file for disability benefits as soon as possible. You can do this by calling or visiting any Social Security office.

Contact a legal representative to coordinate your claim with Social Security and
act as your advocate.

Why Contact An Attorney So Early?

The application process for Social Security benefits is long and difficult. There are many steps that have to be completed within certain time frames. Obtaining an attorney early insures you of having an advocate who is on your side and who is knowledgeable of Social Security rules and regulations.

What Are The Appeal Stages?

Step 1: The consideration stage. At this point Social Security evaluates your claim within their specific guidelines. Most individual are denied benefits at this stage.

Step 2: The reconsideration level. Again, most applications are denied at this level. However, if you have legal representation your attorney will be able to assist you in the completion of the forms required by Social Security.

Step 3: The hearing in front of an Administrative Law Judge (ALJ). Although Social Security describes this as an informal hearing, it is a legal proceeding in which sworn testimony is taken and a transcript is made of the hearing. Often Social Security brings in expert witnesses to give medical or vocational testimony. You are at a disadvantage if you are not represented at an ALJ hearing.

Step 4: An appeal to the appeal Council.

Step 5: If your case is lost at the AlJ level an attorney can appeal to Federal Court.

Do I Need an Attorney?

An attorney is not required to represent you for Social Security claims. You may use anyone who is knowledgeable of Social Security regulations and law or represent yourself. However, Social Security appeals are a legal process and you place yourself at a disadvantage without attorney representation. Also, only an attorney can file a claim as your representative in Federal Court.

It is important though, if you obtain an attorney, to make sure the attorney is knowledgeable and has handled Social Security cases. The Law Offices of Joan Birmingham has extensive knowledge of Social Security and as a Registered Nurse is able to understand the complex medical terms.

How Much Will It Cost Me For An Attorney?

Most attorneys who handle Social Security cases will accept them on a fee contingency basis. This means that no money will be required "up front".

Only if your case is won is there a fee. The fee an attorney can charge is set by law and is 25% of your past due benefits and cannot exceed $5300. Your regular monthly payments will not be affected. Social Security Disability withholds the fee you authorize from the past due amount.

All fees have to be approved by Social Security prior to your attorney receiving payment.