Common Social Security Questions

Social Security Disability Insurance Benefits (SSDIB) is for people who suffer from a disability and can no longer work. You may qualify for this program if you have worked an appropriate length of time and paid sufficient FICA taxes. But, the government may still deny these benefits.

If you have not paid enough money towards the Social Security system to qualify for benefits, you may still be able to receive Supplemental Security Income (SSI). The government will look at your income status and review what resources are available to you. This is used in determining your qualification.

Federal law regulates attorneys’ fees in Social Security disability cases, so every disability lawyer works on the same fee basis. The lawyer’s fee is 25% of the past-due disability benefits you get, up to the statutory maximum. There is no fee if you lose and no money is due upfront.

Disability can be the result of a combination of health problems. Just because you can still do some things well doesn’t mean you’re not disabled. Depending on your age, work experience, and other factors, we can help you find out if you're entitled to disability benefits.

Your doctor may say you're disabled or put you on “light duty,” so why is Social Security denying your disability claim? It's not up to your doctor to determine whether you are disabled. It is up to Social Security to make their own decision independent of what your doctor thinks. Contact us today to ensure the proper medical evidence is gathered to prove your disability.

Most who apply for Social Security disability benefits are denied. You can be denied a variety of reasons, often through no fault of your own. You could even be denied benefits if your doctor simply doesn’t know what’s important to your particular claim.

If you find yourself in this type of situation, contact Russ SwaniganIt is important to contact The Law Office of Russ Swanigan. Once you are denied, you have limited time to appeal.

Don’t wait! You have a limited time to appeal after your initial denial.

Social Security statistics show that claimants who are represented by lawyers win more often than those who are not. Your best chance of winning your case against the government is to be represented by a lawyer such as Russ Swanigan.

With so many written and unwritten rules, it can be close to impossible to be successful in your case without a professional. Russ Swanigan deals with legal issues just like yours and clients just like you every day. An attorney is specifically trained and educated to achieve a law degree in complex legal matters. An attorney is trained in preparing and presenting evidence, cross-examining witnesses, and writing about your case. Non-attorney advocates do not have a law degree or any of the appropriate training. Russ is a former attorney for the SSA with the knowledge and experience it takes to win cases.

Lawyers don't have the power to push around the federal government or change the law to your benefit. However, an experienced lawyer such as Russ Swanigan can make the Social Security system work for you and can be the difference between winning and losing your case.

You will receive a Notice of Hearing in the mail advising you of the time, date, and location of your hearing. If you have an attorney, your attorney will also receive a copy of the Notice. Please call our office immediately if you receive a Notice of Hearing to make sure the attorney is aware of the hearing date.

No. A paper sent to you with your Notice of Hearing that you must mark to indicate that you’ll attend the hearing. This paper is called an Acknowledgment of Notice of Hearing. You may send it directly back to the judge without us seeing or reviewing it. But, don’t send anything else to the Social Security Administration without The Law Office of Russ Swanigan seeing it first.

No. You don’t have to get any medical records or reports yourself. It’s generally safer in legal situations if you do not even try to get such things unless we ask you to.

If your doctor happens to complete and provide you with documentation such as a disability form for an insurance company, etc., be sure to send our office a copy.

No. As a rule, do not send anything to a judge without our office reviewing it and making a copy for our files.

Yes. Usually, the judge will send you forms to complete regarding any recent medical treatment, what medications you’re taking, and other routine details. Once you receive these forms, complete them as soon as possible and send them to us. We'll forward them to the judge after a thorough review.

It is not necessary to call us about routine medical care. Keep track of the dates of all medical treatment between now and the time we attend your hearing. Russ Swanigan will probably send you a specific form to note all of the medical care you’ve received in recent months.

Typically, there's little need for clients to telephone our office to discuss cases before we notify you of when your hearing will be held. However, if one of the following things happens, please call us:

There is a dramatic change in your condition – for the worse or the better

Your doctor gives you a new diagnosis of your medical condition

You are hospitalized

You go back to work

You change your address and or telephone number

Someone from SSA contacts you

You get a letter from SSA that you don’t understand

You get a Notice of Hearing without first hearing from our office telling you the date of your hearing

You get a form from the judge to be completed by your doctor

If at any time you have a question about your case, don't hesitate to call us at (573) 761-1600. We will be glad to answer any questions you have.

If you are found eligible for SSDI benefits, the amount you receive each month is calculated based on your lifetime earnings, which differ for every individual. Refer to your latest bi-annual statement from the SSA to see how much (if any) SSDI benefits you may receive.

If you have unmarried children under the age of 18 (or under age 19 if still in high school) living in your home, you may receive additional money to help care for them.

If you are awarded SSI, the amount varies for each household depending on household income.

If you are awarded Social Security Disability Insurance Benefits (SSDIB), you will be eligible for Medicare coverage after a waiting period of 24 months. If you are awarded Supplemental Security Income (SSI), you will be entitled to Medicaid coverage when your entitlement to SSI begins.

The answer to this question varies. After the hearing, it often takes two to three months for a decision to be issued. After that, if we win, it takes a month or two for current benefits to start being paid. From the date of the decision, it can take from one to six months for all back benefits to be paid.

The process takes a long time; much longer than it should. I’ve discovered that there are few opportunities for a representative to speed things up. The important thing is to avoid any possibilities of it slowing down further.

Parkinsons

Fibromyalgia

Dementia           

Herniated disk

Back

Cancer

Lymphoma

Leukemia

Carcinoma

Congestive heart failure

Coronary artery disease

Crohn’s

Irritable Bowel Syndrome

Renal failure

Kidney failure

Stroke

MS (multiple sclerosis)

ALS  (amyotrophic lateral sclerosis)

Muscular dystrophy

TBI (traumatic  brain injury)

RA (rheumatoid arthritis)

The Law Office of Russ Swanigan specializes in these cases and provide you the help you need. 

1. Working full-time.  By law, a person is not “disabled” if they are performing work at the “substantial gainful activity level”.  The Social Security Disability programs are designed for those that cannot work
2. Telling your doctor that you are doing “great” or “fine” on every visit.  If you are doing great,  Social Security will likely agree with you and find you are not disabled.
3. Self-medicating with alcohol or illegal drug use.  If SSA believes you are not being compliant with your doctor’s treatment plan, they will likely deny your claim.

Can I get disability for depression, PTSD, or anxiety?  Yes, depression, PTSD, and anxiety can all be disabling either singly or in combination.  On the other hand, many people are able to work and lead very productive lives with these same conditions.  It depends on the severity of the condition, so each case is different.  But certainly, mental health issues can prevent working a full-time job, and are therefore disabling.

Can I get disability?  The SSA considers many factors in deciding whether a person is disabled, including the nature and severity of their health impairments, their age, their work history, and other factors.  So the analysis of whether someone is eligible is based on many factors, and each case is different.

What are my chances if I have an attorney?  Certainly, an attorney that has experience handling SS claims will increase the likelihood of your claim being approved.  Many attorneys don’t have experience handling these specialized cases.  So look for an attorney that has many years’ experience in handling SS claims.