Should you complete the application yourself, let someone at Social Security help you, or get an attorney or advocate to do it for you (free)? That's your choice but you should understand what's involved in the application process.
FORMS REQUIRED
- Application (General Information) - The form I use for this is 4 pages long.
- Disability Report - This is a 14-page form.
- Function Report - This form is also 12 - 14 pages long and very detailed.
- Employment History - The length varies based on how many jobs you've had. There is one page for each job you've held during the past 15 years. It asks a lot of questions about each job.
- Depending on the medical condition that you claim to be disabling, there may be specific health questionnaires, such as headache, pain or seizure questionnaires.
- In some cases, you will be sent for a medical or psychological examination by Social Security. This examination almost never helps your case.
Once you complete all the forms and questionnaires, it will take about 4 months to get an initial decision. In Alabama, about 70 percent of all applications are denied for one reason or another. These will need an appeal and a hearing before an Administrative Law Judge (about 2 years away).
ATTORNEY OR ADVOCATE HELP WITH YOUR APPLICATION
You may choose to appoint an advocate or attorney to help you with your application process. Generally, if all the advocate does is complete the application and forms for you, there will not be a charge (fee). You cannot be charged a fee unless you receive back pay. If your application gets approved at the initial level, there is often no pay involved, thus no attorney fee. However, if you are denied and your appeal takes a lot more work, back pay may be involved and your advocate will charge a percentage of back pay collected (with limits on amounts of the fee imposed by the Government).
What an attorney or advocate may do to give your application a better chance of approval:
1) The advocate fills out these forms every day. He knows how to complete the application form completely, correctly and how to provide full pertinent information.
2) The advocate will know how to describe each of your past jobs so the skill levels and exertion levels of each job are properly classified vocationally. This is important.
3) Advocates understand the importance of specifying clearly what your physical and mental limitations are in the Function Report. Improper or incomplete Function Reports will nearly always result in a denial.
4) Advocates may help in obtaining medical records from your doctors. This may include obtaining special "Medical Source Statements" from your doctors that can help prove that you are unable to sustain full-time work. Note: Social Security will not obtain these opinions from your doctors; they will only order routine medical records.
5) Your advocate will always be there to answer any questions you have about your claim.
6) If your claim is denied, your advocate will already be on board, aware of your case and ready to file an appeal for you. These days, most claims are won on appeal, not by application.
FEES FOR LEGAL REPRESENTATION:
You will not be charged a fee unless your claim is approved and results in payment of past due benefits (called back pay). The fee will be a small percentage of your back pay. There is not a charge for merely filing an application, talking to you, giving advice or filling out forms.
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THE FORSYTHE FIRM
Social Security Disability Represenation
7027 Old Madison Pike - Suite 108
Bridge Street area
PH (256) 799-0297
SOCIAL SECURITY JUSTICE: OUR WEBSITE
Free consultations. No fees until you win and receive back payments (lump sum settlement of past due benefits).
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