WHO IS ELIGIBLE FOR DISABILITY BENEFITS?
To receive Social Security disability benefits you must have a physical or mental condition, which would prevent you from working on a full-time basis. (If you are over the age of 50 it is also possible to receive benefits even if you could perform easier jobs than you had in the past.)
MUST A PERSON BE CONFINED TO A BED OR WHEELCHAIR TO RECEIVE SOCIAL SECURITY DISABILITY BENEFITS?
No. A person must only be unable to perform full-time work due to a medical condition.
HOW OFTEN ARE PERSONS DENIED AT THE FIRST LEVEL?
National statistics for the latest year available, (2009) indicate that 63 percent of first-time applicants are denied. Unfortunately, only about half of those denied appeal further.
CAN A NEW APPLICATION FOR SOCIAL SECURITY DISABILITY BENEFITS BE FILED IF A PERSON WAS DENIED IN THE PAST?
Yes, in most cases. You may want to call our office for a free consultation in this regard.
IS IT EVER TOO LATE TO APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS?
There is no absolute statute of limitations in Social Security disability law. It is possible to file and win claims many years after a person has stopped working.
Our firm has actually won cases in which the person stopped working over a decade ago. If you haven’t worked in many years, you will want to call our office for a free consultation.
CAN A PERSON WHO IS RETIRED AND RECEIVING A PENSION APPLY FOR BENEFITS?
Yes. Even if a person is receiving a retirement pension Social Security disability benefits can be received.
CAN A PERSON RECEIVE BOTH WORKER’S COMPENSATION BENEFITS AND SOCIAL SECURITY DISABILITY BENEFITS?
Yes. Many persons receive both benefits. Even if there is an offset, (in rare cases Social Security benefits will be reduced because of Worker’s Compensation benefits), it is always to a person’s advantage to become entitled to both programs.
IF A PERSON IS RECEIVING DISABILITY BENEFITS FROM A PRIVATE INSURANCE COMPANY, IT IS WORTHWHILE TO PURSUE SOCIAL SECURITY DISABILITY?
Yes. It is always an advantage to receive Social Security benefits. When a person reaches retirement age the fact he/she received Social Security disability benefits ensures that he/she will get the maximum Social Security retirement benefit. Furthermore, the Social Security disability program raises the monthly benefit amount at the end of each year. Also, dependents may be covered under the Social Security program. Even if the private insurance company requires a repayment of the lump sum benefits the attorney fee is usually deducted, thus our services would be free to you.
DO I NEED ATTORNEY REPRESENTATION TO RECEIVE SOCIAL SECURITY DISABILITY BENEFITS?
Attorney representation is not required. However, statistics have shown that those represented by attorneys win a much higher percentage of their cases. Attorneys who specialize in Social Security disability cases win an even higher percentage that those who do not. In 2007 and 2008, and 2009 Mr. Bieske was successful in over 85 percent of his cases.
HOW ARE ATTORNEY FEES PAID IN SOCIAL SECURITY DISABILITY CASES?
No up-front retainer fee is required. If we are hired, a contract is signed which calls for maximum of 25 percent of past due (lump sum) benefits. Often the fee is less than 25 percent because of a government cap on the attorney fee. Our contract also indicates that no fee is to be paid if the case is lost. Expenses in these cases are usually very low compared to other litigation in that they normally only include out-of-pocket costs for copies of medical records.
