10 Things You Need to Know About Social Security Disability

1. Social Security Disability Benefits Are Insurance Benefits Independent Of Financial Status. Workers and their employers pay Social Security taxes (FICA) to the federal government to purchase old age, survivors and disability insurance benefits. If you become disabled, you may be entitled to disability insurance benefits regardless of your financial status.


2. If Disabled -- Be Sure To Claim Benefits. If you have worked and paid Social Security taxes within recent years and become disabled according to the Social Security law, you can draw Social Security Disability benefits even if you are financially secure. If you are disabled and don't file, it could cause a reduction in your Social Security retirement benefits.


3. Do Not Wait To Claim Disability Benefits. If you wait too long to file for these benefits, you could lose a lot of money. You should contact an experienced attorney immediately upon becoming disabled to discuss your potential claim.


4. No Attorney Fee Unless Benefits Are Obtained. Attorney fees are set by Social Security law. If your claim is paid, your attorney is paid 25 percent (up to a maximum of $6000) of your past due benefits. If your claim is turned down, your attorney fee is zero. Therefore, the fee is usually the same no matter which lawyer you hire so it is best to hire an experienced attorney.


5. An Experienced Attorney Increases Your Chances Of Obtaining Benefits. It is not mandatory to hire an attorney to represent you when you have your judge hearing, but claimants who are represented by experienced counsel win much more frequently than those who do not.


6. Hire A Lawyer BEFORE Your Hearing. The best time to hire an experienced attorney is before your judge hearing. If you go to the hearing without counsel and lose, you can appeal the judge's unfavorable decision to the Appeals Council, but the Council only pays about 2 percent of the appeals. Statistically, your best overall chance of winning your claim is to have an experienced attorney representing you at your Hearing.


7. Workers' Compensation Weekly Benefits May Affect Your Social Security Disability Monthly Benefit. If you are receiving workers' compensation benefits, you may still be able to draw your full Social Security Disability insurance money. Even if you are in an offset situation, there can be many advantages in winning your Social Security Disability claim. Again, an experienced attorney can advise you of your rights.


8. Some Private Insurances Do NOT Offset Social Security Disability Benefits. Certain private long term disability policies (LTD) offset the Social Security Disability benefits, but others do not offset and allow you to draw the full amount from both sources. You still should pursue your Social Security Disability claim even if you draw LTD and Social Security is offset. This can protect your earnings record for Social Security Retirement Benefits. It is always best to call an attorney experienced in this area of law.


9. If Disabled Between Age 62 And Age 66, File A Claim For Social Security Disability Benefits. If you are getting early Social Security retirement (e.g., starting at age 62), and, thereafter, have medical problems, you may still be eligible for Social Security Disability which would increase your monthly benefits by up to 25 percent.


10. Always Hire An Experienced Social Security Attorney. The present lifetime value of the average Social Security Disability claim is over $100,000.00. Since there is a lot of money at risk, it is your best interest to retain an experienced Social Security Disability attorney. Our firm is second to none in Social Security Disability experience in both Upper Michigan and the Northeast Wisconsin areas that border Michigan.

Click to view our Michigan Social Security Attorneys.

Article written by Jim Rademacher of Upper Michigan Law all rights reserved. If you are interested in contacting a Michigan Social Security Attorney please feel free to do so at 1-800-562-0954.