The Social Security Disability system provides a means of income for individuals who cannot work, due to an injury or illness.  If you have paid Social Security taxes while gainfully employed, you may have a right to collect benefits to cover your lost wages in the form of disability income.  You may also be eligible for Medicare.

As a general rule, you can only collect Social Security Disability Benefits if your impairment is “severe.”  A severe impairment can be almost any type of physical or mental impairment if your impairment keeps you from being able to work, in any capacity, for at least 12 months.

In my experience, Social Security Disability claims are denied because the government claims examiner typically determines that you can do some type of work.  Please remember this system is not a short term disability system and it is not a “same occupation” disability system.  This disability program is a long term and permanent and total disability system.  It will not pay you benefits if you are unable to perform the type of work you have always done.  This system only pays you if you are unable to perform any work in light of your physical restrictions, age, education, and skill level.  In addition, this system is heavily weighted in favor of individuals over 55 years old who have used their body to perform their work over the course of a lifetime, and now their body just cannot do the work anymore. The system makes it difficult for people under 55 years old, and especially under 50 years old, to qualify for benefits.

I know there are a lot of people getting these benefits that are less than 55 years old.  You probably know someone yourself.  However, please remember that this system is incredibly inconsistent.  The same claim that would be approved on one particular day could very well be not approved on the next day if reviewed by a separate examiner.  There is no value to comparing your case with your neighbor’s case or anyone else for that matter.  All of these cases are decided on an individual basis and need to be addressed in that manner.

If your claim has been denied, my job is to put you in a better position to win than you could do by yourself.  My plan for your case would be decided upon after we meet.  In almost all cases I will gather evidence to support your claim, talk to you in the office several times before your hearing, draft a brief for review by the Judge assigned to your case, and prepare you for your testimony.  Together, we will go over those things that are likely to make your case successful.

I know a lot of people meet their Social Security Disability Lawyer for the very first time at their hearing.  I do not understand that at all.  I would not want to meet my surgeon in the half hour before a surgery started.  I don’t understand why anyone would settle for that sort of representation from their lawyer.  One way that my office is different from a lot of others is that I want to meet with you before I take your case.  I want to meet with you during the course of your case.  Finally, I want to meet with you before your hearing as close to your hearing as we can.

Please remember that if your claim has already been denied, you have 65 days to request your appeal.  If you wait too long without any good cause, then you will have to start the claims process all over again.

If you are unable to work because of an illness or injury and would like to talk to me about your case, please call me at your convenience.

Reason # 1 – You have nothing to lose

You have nothing to lose and plenty to gain by hiring a lawyer.  A lawyer in your case will typically work on a 25% fee that is only collected if you win.    All attorneys using the U. S Government regulated fee process (whether in Detroit, Southfield, Port Huron, anywhere) agree to contingent fees of not more than 25% of any past due benefits.  A lawyer does not get paid otherwise.  If I’m your lawyer, I’ll do everything possible within the rules to win your case for you.  My business only profits if it gets results for you.

Reason # 2 – The rules are complex

The Social Security Disability field is complex.  The rules for this program are at part 404 of the U.S. Code of Federal Regulations.  The rules take up 553 pages of that book. I’ll show you the book if you want.   In addition, the Social Security Administration has its own set of operating rules and regulations.  It has taken me since 1984 to learn this field, and more importantly, keep up to date in it. I know the right attorney can put you in a better position to win your case than you can on your own.

Reason # 3 – Your hearing

If you attend your hearing alone and lose, it will be too late to ask me to help you.  The most important part of any Social Security Disability case is the hearing level.  That is the one opportunity you get to meet a Social Security judge.  Your case has to be presented and developed the right way.  After the hearing, you never talk to a human being about your case again.  If you lose your case at the hearing level, only paper appeals to the “Appeals Council” in Virginia are allowed permitted. 

My policy is not to “jump in” and appeal any case if I haven’t been given the opportunity to represent you at your hearing.  Usually, it is too late for me to “fix” a case after a hearing.  You wouldn’t find many surgeons anxious to jump in and try to fix you if you tried to operate on yourself and then called only when the case was botched.  BE SMART.  Take the right attorney with you to your hearing.