Have Questions About the Disability Claims Process for Social Security or Veterans Benefits? Check Out Our FAQs
Dealing with the disability application or appeals process always comes with plenty of questions. Whether your questions are about Social Security or VA Disability, here are some of the questions we hear the most at our Omaha law firm.
- Page 4
Do I need an attorney to file a Social Security disability claim?
It’s possible for people to handle Social Security (SS) disability claims themselves. They can submit their applications and manage the appeals process at all four levels. The Social Security Administration (SSA) doesn’t require that you have legal representation to engage in the disability process.
However, it’s often the case that the claim will be denied. In fact, only 30 percent of initial SS disability applications are approved. So, while it’s not required that you hire an attorney to help you file your disability claim, it certainly improves your chances of having your claim approved.
Benefits of Hiring a Social Security Disability Attorney
While it’s true that you can manage your own SS disability claim, there are solid benefits to hiring skilled Social Security disability lawyers. At the minimum, you should contact an attorney for a free evaluation.
At that meeting, the attorney will go over your specific situation, discuss your medical condition, and tell you his opinion about your case and whether or not you’re likely to get an approved claim.
There are other advantages to hiring a disability attorney including:
- While you can probably handle the application process on your own, a denied claim and the need to appeal makes the process much more challenging. An SS disability attorney can help you navigate the appeals process as successfully as possible.
- An attorney will explain the medical evidence, reports, and information needed with your application to increase your chance of winning an approved claim.
- Because 70 percent of applications are denied initially, you may simply want to give up if you don’t receive an approval. However, an attorney can explain and guide you through the next steps, providing important information about why you should continue fighting for your claim.
- An attorney will ensure that you meet important deadlines in the appeals process.
Call the Social Security Attorneys of Cuddigan Law to See If You Qualify for Benefits
It’s not mandatory that you hire an attorney to file an SS disability claim. But when you do, you significantly increase the chances of getting an approved claim. The attorneys at Cuddigan Law have assisted thousands of clients through the application process, and they have the experience and skill to handle your claim. Contact us for a free evaluation.
How much does it cost to hire an SS disability attorney?
There are a number of variables, including whether or not you'll receive past-due benefits. But it might surprise you to know that legal representation isn't as expensive as you might think.
Statistics show that hiring a Social Security (SS) disability attorney increases a claimant’s chances of receiving an approved claim. However, many people wonder if they can afford an attorney, how much they'll be required to pay, and when that payment will be due.
If you need disability benefits but are worried about the financial obligation of hiring an attorney, here’s some information to help you understand that having legal representation is a cost-effective solution to help you receive the benefits you deserve.
Costs Involved in Hiring a Disability Lawyer
When you’re considering legal representation for your disability claim, it’s important to understand that there’s usually no cost to hire an SS disability lawyer—no initial fees and no upfront payments.
Most often, the attorney is paid out of any disability benefit you’re awarded.
The general cost breakdown is as follows:
- The attorney’s fee is limited to 25 percent of any past-due benefits the Social Security Administration (SSA) awards you.
- The fee is capped at $6,000.
- The attorney is paid out of your past-due benefits—also known as back pay.
- The attorney receives no fee if you receive no back pay benefits.
Paying Your Attorney Fees
After you’ve received back pay benefits from SS, you may wonder when you're required to pay your attorney fees. Most often, you don’t pay those fees directly. Instead, the SSA deducts all lawyer fees from your first back pay award check before you receive the check. This fee can be up to $6,000.
Call Cuddigan Law
If you need help with your SS disability claim, hiring legal representation can be beneficial for getting your claim approved. The attorneys at Cuddigan Law assist thousands of clients— filling out their paperwork, collecting their medical records, calling doctors, and managing the application process and more. Contact us fand we’ll evaluate your case and let you know how we can increase your chances of receiving an approval on your claim.
What are the deadlines if I am filing an appeal for a denied social security claim?
If you applied for disability benefits from the Social Security Administration (SSA), and you’ve received a notice of denial, you have 60 days to appeal the denial. This means you must get your appeal on record with the SSA within 60 days from the date stamped on the envelope of the denial letter.
There are multiple levels of appeal, and because the process can be complex and time-consuming, it’s important to hire an experienced SS disability attorney who can assist you with a denied claim, regardless of what level you are in the process.
Understanding the Appeals Deadlines
In the appeals process, there are various levels of appeal: reconsideration, hearing by an administrative law judge, review by the Appeals Council, and filing a lawsuit with the Federal District Court.
However, no matter what level your appeal is in right now, you always have 60 days to file your next appeal.
But there are some important things to note about this 60-day window:
- Usually, individuals filing claims get an extra five days to ensure their appeal gets through the mail process and reaches the SSA by the deadline. However, the SSA doesn’t go out of its way to communicate this additional time.
- To meet the deadline, the SSA must receive your appeal paperwork by the deadline date. This does not mean your paperwork must be postmarked by the deadline date; rather, it must reach the SSA by the date. Because neither you nor the SSA has any control over the speed of the mail or if your appeal might get hung up in transit, you need to get your disability appeal paperwork mailed to the SSA as soon as you get your denial letter.
- Don’t assume because you’ve hired a lawyer, you can forget about these deadlines or that your lawyer will also receive a denial letter from the SSA. While the SSA sends a copy of the denial letter to both you and your lawyer, it’s possible the agency might fail to send a copy to you both. When you receive a denial letter, you should immediately contact your attorney to ensure that the appeals deadline doesn't get overlooked.
Call Cuddigan Law
If you need help with the appeals process after your claim is denied, call Cuddigan Law. We’ve assisted thousands of clients with this process by filling out their paperwork, collecting their medical records, calling doctors, and managing the appeals process through each of the four levels. Having an attorney on your side can ensure you don’t miss any deadline in this process.
Contact us for a free evaluation. We’ll review your case and let you know how we can increase your chances of receiving an approval on your appeal.
How do I protect my claim during a Social Security Closed Period?
When you have an ongoing medical condition that makes it impossible for you to work, you may apply to the Social Security Administration (SSA) for disability benefits. However, given the significant backlog of applications, the SSA may not get to your claim for years.
If your disabling condition made it impossible to work for at least 12 months, but your disability ends because you have medical improvement, it’s still possible to collect benefits for the amount of time you were out of work. This type of claim is for a “closed period of benefits. An example of this situation, is an individual that has surgery, recovers after the surgery and is able to return to work.
To be approved for disability benefits during a closed period, it’s helpful to hire an experienced SS disability attorney who can assist you with this type of claim.
Protecting Your Claim
Some attorneys believe it’s easier to win a closed period claim than to be approved for ongoing benefits. This is because:
- When you limit your claim to show that you were disabled for a specific period of time, the SSA sees this as honest and credible. Many judges respect your intention to return to work and not continue to state that you have a disabling condition.
- It is difficult to justify ongoing disability if your condition has substantially improved.
A Partially Favorable Decision
An SSA judge can award you a closed period benefit even if you haven’t asked for one. If your medical evidence shows your condition improved, the judge has the right to limit the number of months for which you’ll receive benefits. Typically, the judge will present this during your hearing, and you'll receive the option to change your benefits request. You and your attorney should discuss whether this is the right choice. Keep in mind: you don’t have to accept the judge’s offer of a closed period benefit.
Work Attempts and a Closed Period Benefit
If you’re attempting to return to work when you appear for your claim hearing, the judge may suggest that you alter your claim to a closed period benefit request. This, of course, may not be a good idea, as you may not yet know if you can handle going back to work or meet your job requirements. Your lawyer may feel it will be too difficult to get an approved, on-going disability award if you’re back at work when you get to your hearing, so it’s important to discuss and evaluate this option before taking this direction.
Call Cuddigan Law
Your best chance of getting a closed period claim approved lies with a Social Security Disability lawyer who is familiar with closed period disability cases. If you need help with your disability claim, or you want to apply for closed period benefits, the attorneys at Cuddigan Law can help. We’ve assisted thousands of clients with their disability claims, getting them through this complicated and frustrating process.
Contact us for a free evaluation and we wll let you know how we can increase your chances of receiving an approval on your appeal.
What to expect when you meet with your attorney to prepare for your hearing
The administrative hearing is the level at which most disability cases are successful. Preparation for the hearing is important .We like to meet with our clients, face to face, in the office if it is possible.The meeting generally occurs a month ahead of the hearing date We set aside one and half to two hours for this meeting. Because the meeting is so important you must attend. In the meeting we will discuss the location of the hearing office, the time of your hearing, the security at the hearing office and the layout of the hearing room. We will discuss proper attire for the hearing.
In this meeting, we will explain what Social Security definition of disability is and why it generally means more than not being able to do your last job. We will ask you when you last worked and why you stopped working, We will ask you what is it about your physical and mental condition prevents you from working now. We will ask you about the work you have done in the last 15 years and why you can't perform that work now
Before we meet with you, we will have reviewed your exhibit file which includes: social security forms, any forms you have completed and your medical records. We will review with you the medical timeline and any medical records that concern us We will discuss with you any of your providers that it might be helpful to get a report from. We will ask you if there are any other providers that have records. We ask you to bring: a current list of your medications; all pay stubs if you have worked since applying for disability; and any workers compensation documents that you have not already furnished us.We will discuss witness statements or work performance assessments
We will discuss your physical and mental symptoms. We will review your physical and mental limitations that prevent you from working.We will discuss your daily activities and any side effects from medications
We will discuss the role of the vocational witness and questions from the judge to the vocational witness. Finally,what we are trying to accomplish with our questions to the vocational witness.
Because we like to review everything one last time we ask our clients to be at the hearing office 30 minutes before their scheduled hearing. If you need directions to the hearing office ask us.
What happens when my Social Security claim goes to the Appeals Council?
If your denied Social Security (SS) disability claim was denied after a hearing by an administrative law judge, you can ask for a review by the SS Appeals Council. You have 60 days to ask for this review.
If your claim reaches this level, it’s important to have legal representation by a skilled SS disability attorney. Although you can file the appeal with the Appeals Council on your own, the process will be easier and less complicated with legal counsel.
Your Claim at the Appeals Council Level
The SS Appeals Council processes many requests for reviews each year—over 160,000 requests in 2017 alone. The Appeals Council reviews whether the administrative law judge made his decision according to the law. This Council is allowed to grant, deny, or dismiss a request for review. If your request is granted, the Council will either make a decision in the case or “remand” it to the administrative law judge for a new decision.
It’s important to note that it’s difficult to win your appeal at this level of the process. Most often, the Appeals Council sends claimants a letter denying the appeal and upholding the decision made by the administration law judge.
It’s possible, however, that the Council will find the judge made mistakes in your case. For example, the judge may have:
- Failed to look at all legitimate medical evidence
- Made a technical error during the review process
If any of these takes place, the Appeals Council can demand a “remand case,” and your claim is sent back for a second hearing usually with the same administrative law judge. It’s also possible but not likely the judge’s determination will be overturned by the Council because the decision was totally erroneous. If so, the Council may simply move forward with an approval.
Call Cuddigan Law
If you need help appealing a denied disability claim, or your claim was denied by the Appeals Council, call the attorneys at Cuddigan Law at (402) 933-5405 for help. We’ve assisted thousands of clients, filling out their paperwork, collecting their medical records, calling doctors, and managing their cases through the four levels of the appeals process.
Contact us for a free evaluation. We’ll review your case and let you know how we can increase your chances of receiving an approval on your appeal.
What should I know about my Social Security appeals claim when it’s in Reconsideration?
If the Social Security Administration (SSA) denies your disability claim and you wish to appeal the decision, you’ll follow the steps outlined in the letter sent to you by the SSA which advise you on how to do this. After you request an appeal in writing, you’ll move to Reconsideration, the first step in the appeals process.
Because the appeals process can be time-consuming and complex, it’s helpful to hire an experienced SS disability attorney who can assist you with a denied claim and start the appeals process at the Reconsideration step.
Understanding the Reconsideration Process
During a Reconsideration appeal, your claim is reviewed by someone in the SSA who wasn't involved in the initial denial of your claim. She'll examine all evidence you submitted originally, as well as any new evidence you might have.
It’s important to note that even though a new person is reviewing your material, she is bound by the same guidelines and rules as the person who reviewed your claim initially. Ultimately, over 85 percent of claims are denied at this level.
What to Do If Your Claim Is Denied at Reconsideration
The SSA denies claims for a variety of reasons, but by far the most common is because there's a lack of medical evidence submitted proving that you suffer from a disability. This is often true at the Reconsideration level as well. Thus, if your Reconsideration request is denied and you’re still unable to return to work, you have 65 days from the date of the denial to file a request for a hearing before an administrative law judge.
It’s important to note that you have a much better chance of success at this appeals level if you are represented by a Social Security disability attorney. He'll assist you in preparing for the appearance before a judge by helping you collect as much new medical evidence, lab results, doctor opinion, blood tests, and additional medical data to help your case.
Call Cuddigan Law
If you need help with the appeals process after your claim has been denied at the Reconsideration level, Cuddigan Law can help. We’ve assisted thousands of clients—filling out their paperwork, collecting their medical records, calling doctors, and managing their claims through the four levels of the appeals process, including Reconsideration.
Contact us for an initial evaluation, and we’ll review your case and let you know how we can increase your chances of receiving an approval on your appeal.
How is my service-connected PTSD linked to panic attacks?
Veterans who suffer from panic disorder (PD) may also suffer from post-traumatic stress disorder (PTSD). The two conditions are known to be comorbid—the presence of one or more disorders co-occurring with a primary disease.
According to Anxiety and Depression Association of America, approximately six million Americans are impacted by PD, and nearly eight million will be affected by PTSD.
If you’re a veteran who suffers from either or both of these conditions, you may be eligible for disability benefits from The United States Department of Veterans Affairs (VA). But it’s important to hire a skilled VA disability lawyer to help with your claim.
Understanding PTSD and Panic Disorder
Panic disorder is characterized by recurring panic attacks that happen unexpectedly and cause people to have feelings of fear and terror when there's no evidence of real danger. Individuals may feel weak and dizzy, have difficulty breathing, and feel they're losing control.
PTSD, on the other hand, is a mental health condition often triggered by memories of a traumatic or life-threatening event.
People may suffer flashbacks, nightmares, and extreme anxiety about what they experienced, and these symptoms may not present for years after the event.
Most individuals are able to cope with memories of terrible things that happened to them, but those who aren’t often find their anxiety interferes with daily routines and functioning in occupational and social environments.
Although both PD and PTSD sufferers have” heightened sensitivity to threat,” the anxiety felt by those suffering from PTSD isn't a panic attack, even though for many it can feel the same. Instead, the anxiety occurs because the dreams and flashbacks cause them to re-experience the trauma. However, sufferers of either disorder may use “avoidance” as a way to cope and survive.
Contact Cuddigan Law
For veterans who suffer from PTSD and/or PD, it’s possible to qualify for financial help. If your mental health condition is service-connected and you want to file for disability, contact Cuddigan Law. Our attorneys have been supporting veterans for years, and we’ll carefully examine your case and advise you on the best approach for receiving the maximum in disability benefits. Call us today.
As a veteran, what should I know about panic attacks?
Veterans who suffer from panic attacks often experience sudden feelings of apprehension, terror, nervousness, and/or fear. These symptoms can occur unexpectedly for no reason, or because of a known “stressor,” with an attack usually peaking within the first 10 minutes.
Often, the symptoms are so extreme that an entire day can be disrupted, and individuals may feel stressed out or “keyed up” for many hours following the attack.
Your Questions Answered About Panic Attacks
If you’re a veteran diagnosed with service-connected panic disorder, you may have many questions about what causes this condition, how to cope with it, and if you can get benefits from The United States Department of Veterans Affairs (VA). Here are answers to frequently asked questions about panic attacks
What mental illnesses qualify for VA benefits, and are panic attacks included?
If you can provide the VA with a diagnosis in one of the following categories and give evidence that shows your mental illness is service-connected, you may be eligible for benefits. These categories include:
- Anxiety—this includes post-traumatic stress disorder and panic disorder.
- Mood disorders
- Chronic adjustment disorder
- Cognitive disorders
- Psychotic disorders including schizophrenia
- Somatoform disorders, including mental disorders that present as unexplained physical ailments
- Eating disorders such as bulimia and anorexia
What if my panic attacks were a preexisting condition?
If you were diagnosed with panic disorder before you went into the military, you could qualify for VA benefits if you can prove that your service worsened or aggravated your condition beyond what would be considered its normal progression.
If the VA agrees that your mental illness has worsened due to your military service, it will classify your condition as “service-connection based on aggravation by such service.”
What does it mean if I receive a 0 percent rating for my panic disorder?
Your panic disorder is rated by the VA based on its severity. If your mental illness impacts your daily life and interferes with your ability to manage a normal routine, the VA gives you a higher rating. For example, if you receive a rating of 100 percent, the VA believes you have complete and total impairment on the job and in a social environment.
However, if you receive a 0 percent rating, the VA still recognizes your mental illness but believes your symptoms don’t interfere with work or social functioning, and you don’t require ongoing medication. While you won’t receive financial benefits for this rating, you may be eligible for health care.
Contact Cuddigan Law
If you’re a veteran with service-connected panic attacks, contact Cuddigan Law. Our attorneys have been supporting veterans for years, and we’ll carefully examine your case and advise you on the best approach for receiving the maximum in disability benefits. Call us today.
How do I get disability for PTSD secondary hypertension related to my time in the service?
Post-traumatic stress disorder (PTSD) is a mental health condition that can occur after someone witnesses or experiences a life-threatening, traumatic, or terrifying event.
Veterans who suffer from service-connected PTSD may also suffer from secondary medical conditions, including hypertension, also known as high blood pressure. Untreated, high blood pressure can lead to vision loss, kidney and heart disease, and stroke.
According to research cited by the American Heart Association, soldiers in the U.S. military who were severely injured during the Afghanistan or Iraq wars or diagnosed with PTSD are at a greater risk of suffering from high blood pressure.
Additionally, researchers have found that soldiers who suffered from PTSD were up to 85 percent more likely to develop high blood pressure than those who didn't have PTSD. The more severely injured the soldier, the more likely she was to have hypertension.
The United States Department of Veterans Affairs (VA) recognizes hypertension as a ratable illness, and you may be eligible for disability benefits if you suffer from this as a secondary condition. If you can prove your hypertension is related to your service-connected PTSD, contact an experienced VA disability lawyer to help file your claim for compensation.
VA Disability for Secondary Hypertension
To receive a disability rating for PTSD secondary hypertension, your doctor needs to document your diagnosis of high blood pressure. Additionally, to file your claim, your doctor needs to fill out the Hypertension Disability Benefits Questionnaire. It’s important to note that you can’t fill out this form yourself—the VA won’t accept the form submitted by a veteran. It must come from a licensed physician.
When filling out the form, your doctor needs to include two important pieces of information:
- A detailed medical history about your condition, your symptoms, and any other relevant information that affect the decision by the VA.
- A professional opinion about how your hypertension impacts your ability to perform on the job.
The claims examiner reviews this information and assigns a disability rating for your high blood pressure.
Contact Cuddigan Law
If you’re a veteran suffering from hypertension due to PTSD and would like to submit an application for hypertension as a secondary condition, call Cuddigan Law.
Our attorneys will examine your case, develop the best strategy, and work with you to submit a claim that increases your chances of receiving disability benefits. Contact our office today.