Do I have to be poor to obtain Social Security benefits?
No, you do not, and such benefits are not part of any federal or state welfare program. You should not feel ashamed in applying for benefits, since you in essence paid an insurance premium out of your salary eachmonth to protect you and your family in the event you were to become unemployable. You paid the premium and you are entitled to collect if you cannot work. It is not now and never has been a charitable venture. You paid for it, and if you can't work, you are legitimately entitled to receive it during your time of need. That's what you paid for, and it is available for you when you need it.
My disability claim has been denied so what should I do now?
At this point, you should hire an experienced Social Security attorney to represent you from this point forward since all further dealings will be with an Administrative Law Judge. Dabney & Dabney should be contacted as soon as you receive you denial of benefits since you only have 60 within which to appeal. We can help you with regard to the paperwork that needs to be completed, signed and filed in order to protect your claim.
Do I have to be permanently, totally disabled in order to obtain Social Security disability benefits?
No, you do not. Social Security benefits are given to many individuals who are off work for at least one year, but who reach a point when they can and in fact do return to work. At that time, their benefits can be discontinued, subject to being reinstated again if they are, once again, unable to work. The important thing to remember here is when in doubt as to how long you may be off work, go down and file anyway. If it turns out to be a year or more, you will be glad you did.
Do I really need a lawyer to handle my case in a hearing before an Administrative Law Judge?
Absolutely! Matters such as objections to evidence, preparing briefs with citations to rules, regulations and cases, and direct and cross examinations of expert witnesses such as doctors and vocational Experts is not something that can be left to non-lawyers. There are some non-attorney representatives who do represent disability claimants, but their lack of legal training is a definite disadvantage to hiring them. The fees paid are the same as they are regulated by federal law, so if you are going to pay for legal representation, you might as well have an experienced Social Security attorney working for you, not some non-lawyer who can't appeal on your behalf all the way to Federal Court.
How much do I have to pay a lawyer to represent me before Social Security?
The standard fee set by federal law is 25% of back benefits with a current maximum cap of $5,300.00 which from time to time is adjusted by the Social Security Administration. Your attorney and you must sign a fee agreement in conformity with federal law which must also be approved by the Administrative Law Judge. All attorneys are paid the same, with the exception that some will occasionally charge on an hourly basis which is very complex and which many attorneys feel is actually disadvantageous to claimants because it can result in someone paying an attorneys fee which is greater than the 25% contingency and $5,300.00 cap. If you don't win, you do not have to pay us. Dabney & Dabney represents all of our clients on a contingent fee basis for 25% of back benefits. We do not charge an hourly rate for our legal services.
South Main Plaza Suite 2, 1060 South Main Street, St. George, Utah 84770
Tel (435) 652-8500, Toll Free (800) 457-5525, Fax (435) 652-8599