Social Security Disability FAQs

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Frequently asked questions about social security disability benefits

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The Law Offices of Robertson Wendt
Media Kit: Frequently Asked Questions


General questions about the firm:

What is the firm’s main practice area?
The Law Offices of Robertson Wendt focus on disability benefits law, representing individuals whose
working lives and careers have been cut short by disabling medical conditions prior to retirement age.

What types of cases does the firm handle?
The firm handles complex Social Security disability, long-term disability, and other disability-related
claims. Recognizing that disability issues often lead to other legal needs, Robertson Wendt also works
with clients to navigate the complex medical, legal, and administrative issues frequently associated
with disability claims.

How long has Robertson Wendt been practicing law?
Robertson Wendt, one of only two board certified Social Security disability specialists in the state of
South Carolina and one of just 59 in the country certified by the National Board of Legal Specialty
Certification (NBLSC), has been in practice for nearly 30 years and has handled thousands of Social
Security disability claims.

How large is the staff?
The staff includes one paralegal; two retired Social Security employees who handle new client intakes,
research on technical issues, and benefits processing; a receptionist and legal secretary; and a
bookkeeper.

Where is the firm located and what areas does it serve?
The Law Offices of Robertson Wendt serve clients throughout South Carolina and can handle cases in
any of the state’s three hearing offices, which are located in Charleston, Columbia, and Greenville. The
firm itself is based in North Charleston, S.C., and is adjacent to the Charleston hearing office, which
hears cases for individuals who live in the following counties: Beaufort County, Berkeley County,
Charleston County, Colleton County, Dorchester County, Georgetown County, Horry County, J asper
County, and Williamsburg County.

How does the firm bill for services?
Since the Social Security Administration requires all attorneys to use the same fee agreement, clients
hiring Robertson Wendt receive a high level of experience for the same “cost” as a less experienced
attorney without board certification. Though rates are capped by government regulation, Rob Wendt
and his team help manage the entire process for clients and work to identify resources for other needs
that may arise, no matter how long that may take.

Why should an individual seek counsel?
Robertson Wendt and his team have extensive first-hand experience with the Social Security
Administration and other agencies affecting the disposition of disability claims. They understand the
intricacies of the law and the federal bureaucracy governing the Social Security disability process,
including the legal, medical, and vocational issues that often arise. Statistics published by the Social
Security Administration show that claimants who are represented by attorneys are more likely to win
their case than claimants who represent themselves.
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Where can someone get more information about the services that this firm provides?
For more information, please call 843-723-6555 or visit www.robertsonwendt.com.

Questions about Social Security Disability Benefits:

How does the Social Security Administration define the term “disability”?
As defined by the Social Security Act, the term “disability” refers to an “inability to engage in any
substantial gainful activity by reason of any medically determinable physical or mental impairment
which can be expected to result in death or has lasted or can be expected to last for a continuous period
of not less than 12 months.”

What are the different types of Social Security disability benefits available?
There are five major types of Social Security disability benefits:
• Disability Insurance Benefits: These benefits are designed for disabled individuals who have
worked in recent years (the requirement is typically five of the previous ten years).
• Disabled Widow’s and Widower’s Benefits: These benefits are for individuals age 50 and
over who became disabled after the death of their spouse. In order to be insured, the late spouse
must have worked under Social Security.
• Disabled Adult Child Benefits: These benefits apply to children of deceased parents or
parents who are currently drawing on Social Security disability or retirement. In order to
qualify, the child must have been disabled before the age of 22.
• Supplemental Security Income (SSI) Benefits: Unlike the benefits mentioned above, which
are based on Social Security earnings, these benefits are based on financial need.
• Child’s Disability Benefits: These benefits are designed for disabled children under the age of
18.

What is the best way to apply for Social Security disability benefits?
Those interested in applying for Social Security disability benefits should call the agency’s toll free
number 1-800-772-1213 to make an appointment with a claims representative at their local Social
Security Administration (SSA) office. The interview can take place in person at the SSA office or over
the telephone. The Social Security Administration now offers online applications through the Social
Security website: www.socialsecurity.gov.

Does a person’s income determine whether that person can apply for disability insurance
benefits?
No, anyone who is disabled and who has worked long enough to be insured under Social Security is
eligible to apply for disability insurance benefits.

Is an individual who has not worked in recent years eligible for benefits?
It depends. Typically, individuals who have worked five out of the past ten years under Social Security
before becoming disabled are eligible to qualify for disability benefits. The requirements, however, are
slightly different for individuals under the age of 31.

How long does someone have to make a claim?
There is no time limit. Individuals who expect to be out of work for a year or more because of a serious
injury or illness can apply for benefits right away. Too often, many people wait months before filing a
claim.

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Can an individual apply for Social Security disability while still working?
No. While there are some exceptions for minimal work or work that is subsidized, in most cases an
individual must stop working before applying for disability.

Can an individual who is on sick leave apply for Social Security disability benefits?
Yes, anyone who expects to be out of work for a year or more can file a claim as long as they have
stopped working. There is no need to wait until there is no longer any sick leave left.

Can individuals who are injured on the job and drawing on worker’s compensation benefits
apply for Social Security disability benefits at the same time, or should they wait until the
worker’s compensation ends?
There is no need to wait until the worker’s compensation benefits come to an end. It’s actually best to
go ahead and file the Social Security disability benefits claim as quickly as possible because there
could be a gap between worker’s compensation ending and Social Security disability benefits
beginning.

Is it possible to receive both worker’s compensation and Social Security disability benefits at the
same time?
Yes, but note that the amount of worker’s compensation benefits paid may reduce the Social Security
disability benefits. In some states, the situation is reversed, with worker’s compensation benefits being
reduced because of Social Security disability benefits.

How does an individual know if Social Security will recognize the disability?
There is no easy way to tell, unless the disability is catastrophic (total paralysis, terminal cancer, etc).
Social Security disability attorneys can offer advice, but even then there is no way to be sure.
Individuals should apply based on whether they feel Social Security will find them disabled and should
take into consideration whether they feel they will be able to return to work in the near future.

Does an individual have to be permanently disabled in order to receive Social Security disability
benefits?
No, but individuals should expect to be disabled for at least one year or have a condition that will
likely result in death within one year.

What about individuals who have a host of health problems that combined make for a disabling
condition?
Social Security will consider the combination in determining eligibility.

Can individuals injured in automobile accidents apply if they plan to return to work after
recovery?
Yes, if an individual expects to be out of work for a year or more as a result of those injuries, then that
person can file for benefits.

How does Social Security determine if someone is disabled?
Social Security will take a close look at an individual’s medical records and consider all health
problems. Age, education, and work experience are also taken into consideration. Social Security will
make the decision based on whether an individual is able to perform his or her past work. If they
decide that the individual is not able to return to his or her past work, they will consider whether there
is any other work that the individual can do, taking into consideration the factors mentioned above.

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Who ultimately makes the decision about whether someone is disabled?
All claims are first reviewed by a state disability examiner at the disability determination service. In
consultation with a doctor, the examiner will make the decision. If a claim is denied, an individual can
request reconsideration. In this case, a different examiner will review the claim. If the claim is denied
again, the claimant may request a hearing, and the case will be sent to an administrative law judge
employed by Social Security.

Why does Social Security take a person’s age into consideration when making a decision?
Age must be considered as a requirement of the Social Security Act. As people age, they are less likely
to adjust to a new type of work and a new environment, especially while coping with health problems.

What will improve an individual’s chances of a successful Social Security disability claim?
Individuals filing claims should be honest and complete in providing information about the disability.
Claims that are initially rejected can be appealed. In fact, most claims that are denied at the initial level
are often approved at higher levels of review. Hiring a qualified attorney is helpful because the
attorney understands the way Social Security works and knows how to obtain evidence necessary to
prove the case. Statistics show that individuals who hire an attorney are more likely to win.

How much might an individual be granted if approved for Social Security disability benefits?
The amount awarded depends on how much the individual has worked and earned in the past. In the
case of a disabled widow or widower, it depends on how much the deceased spouse has worked and
earned. For disabled adult children, it depends on how much the parent worked and earned. For
Supplemental Security Income claims, there is a base amount that an individual of limited income and
resource can receive. Supplemental Security Income is reduced by the amount of other income an
individual receives.

Why are so many claims initially denied?
Many claims are initially denied because there is no easy way of determining whether a person is
disabled. Most disabled people suffer from pain, but it is difficult to gauge the amount of pain.
Additionally, Social Security is concerned about making sure that those who receive benefits are
“truly” disabled.

How long does it take to receive a decision once a claim is filed?
It can take anywhere from three to five months before receiving a decision on initial application.
Processing times at the reconsideration and hearing levels can vary greatly from year to year, but in
many cases may take months or even years.

What are the chances of winning at the hearing level?
Statistics show that over half win.

What if the claim is denied at the hearing?
Claims can be appealed to the Social Security Appeals Council in Washington. This council exists to
review decisions made by administrative law judges.

How long does it take for a claim to be considered by the Appeals Council?
It can take a year or even longer.



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Can a case be appealed beyond Social Security to the federal courts?
Yes, after being denied by the Appeals Council, it is possible to file a civil action suit in the U.S.
District Court to request review of Social Security’s decision. Such a claim may go all the way to the
Supreme Court, which hears such cases about once every one or two years.

How long does it take a case to go through federal courts?
It can take one year or longer.

Is there a waiting period before an individual can receive benefits?
Yes, there is a five month waiting period after the month disability begins in which an individual is not
entitled to receive any disability insurance benefits.

How long will benefits continue?
Benefits will continue as long as the medical condition persists and prevents that person from returning
to work.

Can a person who starts feeling better after getting on Social Security disability benefits return
to work?
Yes. Social Security actually encourages individuals to return to work and offers work incentives, a
trial period during which an individual can still receive benefits.

Are mentally disabled people eligible for Social Security disability benefits?
Yes, mental illness is acknowledged as a basis for receiving Social Security disability benefits.

Are Social Security disability benefits taxed?
Yes, federal taxes will have to be paid on benefits for those who file as an “individual” and have a total
income of more than $25,000. For those filing a joint return, taxes have to be paid if both spouses have
a combined total income of more than $32,000.

What do disability lawyers do?
Disability lawyers have experience and knowledge that individuals filing claims often lack. They
consider what needs to be proven in order to win the claim and gather all of the necessary information,
including doctor’s opinions, independent medical evaluations, and reports from vocational counselors.
They assist in the filing of government forms, prepare the client to testify at the hearing, prepare
written legal briefs for judges, present the case, make legal argument and cross-examine the
government vocational expert at the hearing, and provide the client with counsel throughout the entire
process.






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