Social Security Disability Claims

Social Security is not just for retirement, but available if you are no longer able to work on a regular basis.  There are two programs for disability benefits.  One is Social Security Disability Insurance.  This is an insurance type benefit.  If you have enough coverage through your past earnings, you may be entitled to a benefit based on those past earnings.  The other is Supplemental Security Income.  This benefit is available if you are disabled.  If your disability insurance benefit is below a certain amount, or if you are not insured under the Disability Insurance Program, you may be qualified for Supplemental Security Income, also known as “SSI.”

Our office has extensive experience representing Claimants in front of the Social Security Administration.  Joe Di Bartolomeo is a member of the National Organization of Social Security Representatives, and has handled hundreds of cases in front of Social Security Administrative Law Judges and the Appeals Council.  He also works closely with other lawyers who handle cases in the United States District Court and 9th Circuit Court of Appeals.  You can confer with Joe without charge, and find out where you stand with your claim.

Do I have to pay a lawyer up front to help with my case?

No

Under the Social Security statute and rules, our law firm is paid only if we are able to get you benefits.  If we do, the attorney fee is limited to a percentage of the retroactive benefit.  The Social Security Administration, often the Administrative Law Judge, has to approve the fee.

What is the retroactive benefit?

This is the benefit that runs from the time your disability began, up to the time your claim is approved.  If you had a hearing, and you win, your retroactive benefit runs from the time the Judge finds your disability began, up to the date of the Favorable Decision.

How do I apply for Social Security Benefits?

The first step is to contact your Local Branch Office.  You then set up an appointment, and at the appointment, the Social Security case worker will take information.  That information is then passed on to a state agency that then follows up, and takes more information from you.  In Oregon, this office is called Disability Determination Services, or “DDS.”  You may be asked to see a doctor, or fill out questionnaires.

What if I am denied?

If you are denied, you can appeal the denial by filing a request for reconsideration.  You have to do this within the time limit set out in your initial denial.  If you need help with this, give us a call for a free consultation.  Often, we will help you fill out the forms, and let you file the appeal on your own.  If you are denied, call us back, and we can look at your case to see about making another appeal.  These are free, no fee, consultations.

What happens if my claim is denied a second time?

Your next step, after the second denial, is to file a Request for Hearing.  Call us for a free consultation.  Our fee agreement provides that we do not earn a fee unless we win the hearing.  If we do, our fee is a percentage of the retroactive benefit, and must be approved by the Judge or Social Security.

What if I was denied a long time ago, and did not appeal?

You may be able to file a new application.  Sometimes, you can ask that the claim be considered back to the date you were last denied, or even before that date.  Sometimes, Social Security may look at new evidence it did not have if you file a new application in time.  You can call our office, and set up a free consultation.  We can sit down with you, and explain all your options.

What kind of disabilities can you get Social Security for?

Social Security has rules that consider all types of conditions, including psychological problems, mental health problems, orthopedic or bone disease, neurological diseases or nerve injuries.  There are rules that address heart problems, diabetes, hepatitis, chronic pain, fibromyalgia, and a host of other medical conditions.  We have extensive experience in reviewing records, looking at the rules and other law, and working with your treating doctors to determine how your medical issues may disable you from working.  Give us a  call for a no charge, free initial consultation.