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FAQ

Social Security Benefits FAQs

Social Security FAQs

Will it take long for my disability case?
It usually takes three to five months to get an answer for your initial request. The timely handling of a case depends the nature of your disability and the information provided by yourself and your doctors. If the Social Security Administration denies your request, the process can take a year or more.

How much will it cost me for legal representation?
We take most of disability case on contingency. Basically that means we don’t get paid until you do. The Social Security Administration (SSA) controls the amount we receive. They approve 25% of what is subsequently owed to you, and the maximum you could owe us is $6,000.

What are the qualifications for Social Security disability benefits?
You must have worked at a job that is covered by Social Security benefits, in general about 10 years. Your total earnings for a year are used to determine your credits. For 2016, the number of credits was $1260. This amount varies from year to year. A medical condition that the SSA deems as their definition of disability must be present.

When would be the best time to apply for Social Security disability?
The SSA suggests that you apply for benefits as soon as you are disabled because of the time it may take for approval. We suggest that you contact our firm after you have been unemployed for three months. Contact us immediately if you know for certain you will be out of work for 12 months or more.

Do I get back funds that are due to me?
Yes, but of course you must first win your claim. The benefits at that point are allowed to go back one year from the date you applied, provided you were not working. There is a waiting period of five months after your disability began.

Do I get Medicare if I get these benefits?
The Social Security Administration will automatically enroll you in Medicare. You must be on disability for two years. You will be entitled to both hospital and medical coverages.

If I collect disability, can I also collect worker’s compensation and long-term disability?
Yes, as long as together they are not more than 80 percent of what you were earning. The SSA will use its formulas to determine your average earnings.

If I get disability, does it affect my retirement?
Yes, but your retirement benefits can be added as long as together they are not more than 80 percent of what you were earning. Veterans Administration benefits and any other local or state benefits will also be added.

Can my case ever get reviewed?
Yes, again, the chance of review is dependent on the nature of your disability. If your condition is expected to improve, a review will be scheduled in six to 18 months from your disability date. If you could possibly improve, but it is not certain when, a review could be every three years. If your condition is not ever expected to improve, you can be reviewed every seven years.

Where does disability get their funding?
Disability insurance in funded by payroll taxes. Employers and employees pay the greater amounts while self-employed individuals pay less.

Where do the funds come from for supplemental security income?
The Supplemental Security Income (SSI) Program and Social Security Disability Insurance pays benefits.

What is the meaning of Social Security disability?
The Social Security Administration strictly controls the meaning of disability. In essence, as determined by the agency, disability is your inability to work or work as you once did. The SSA also determines if you are able to work in some other capacity.

How do I know if I am eligible to receive disability?
Disability is available to those who cannot work. There is also the expectation of not being able to work for at least a year or ending in death.

Where and how do I apply?
You can apply for benefits online at the Social Security Administration or you can contact the agency directly.

What is the next step if I am denied?
You can complete an appeal online. Be sure to have all the necessary medical documents that are needed for the appeal. An appeal must be completed within 60 days from the date you receive the denial.

Can I file for Social Security disability or do I need a lawyer?
A lawyer is not needed to file, but because of the complexities for filing correctly, having an attorney is recommended.

Define supplemental security income.
This is a fund that gives help to disabled adults and children who meet the criteria for financial hardship. It also pays out to adults over 65 who are not disabled and who meet this criteria. Funds are received from the U.S. Department of the Treasury.

How do I know if I qualify for supplemental security income?
To qualify for SSI, you must be 65 years or older, must be disabled or blind, and must be a citizen of the U.S. You must also have limited income which includes any resources or assets that qualify.

Can a disabled child receive supplemental security income?
Yes, children must be unmarried and under 18, or under 21 and attending school, to qualify. These qualifications will be reviewed by Social Security. The child must have a physical or mental condition that will affect them for at least 12 months or until death.

What can I expect to receive in payments for SSI?
The maximum amount that can be received in 2017 will be $735 for an individual, $1,103 for an eligible couple and $368 for an essential individual.

Would it be smart to have an attorney help me file?
As stated above, it is not necessary to have an attorney file for you. Take into consideration that more than 65 percent of all first claims are denied. Social Security law can be confusing, and if you are denied the process can be long and arduous.

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Our Testimonials

Testimonial by Carlos Torres

"El proceso que yo tuve con el abogado Daniel Berger y su officina fue muy excelente.

Me gusto come el abogado Berger me ayudo el dia del audencia con el juez. Sus secratarias fueron muy amables y me ayudaron mucho con mi caso. Yo recomendo mucho a el abogado Daniel Berger."

– Carlos Torres
Testimonial by A.Y. Disla

"I was extremely satisfied with Mr. Daniel Berger and his staff.

Mr. Berger was great in the hearing and how he handled my case. I am really thankful for all the hard work. Mr. Berger and his staff did and for winning my case."

– A.Y. Disla
Testimonial by Lilliam Rivera-Reyes

"I had a very challenging case; another attorney took my case and to my surprise sent me a letter dropping my case. I was very down and did not think I had a chance, until I met Mr. Berger and his staff.

Their professionalism and hospitality was very warm and inviting. They took my case on as a challenge and gave me a hope. I am very thankful for his professionalism and for winning my case. I will never forget him and will recommend him to my friends and family."

– Lilliam Rivera-Reyes