What is the practical definition of disability?

A disability is any medical condition that prevents you from working on a regular full-time job for at least 12 months.


When is a person considered disabled?

A person is considered disabled if he has a physical, emotional, or combination of conditions that render him unable to work, considering his age, education and past work history. The condition must have or be expected to last one year or to result in death.


What are the requirements for Social Security Disability (SSDI)?

To be eligible for SSDI, you must not be working, have a disability that is expected to last or has lasted 12 months, and meet the earnings requirements at the time you became disabled. To meet the earnings requirements, you must have been fully insured (worked most of your life), as well as having worked five years out of the last ten when you became disabled. The concepts of fully insured and “specially insured” (5 years out of the last 10) are very complicated but would be reviewed by Gray Law Firm when we filed your application.


If I become disabled, when should I apply for Social Security Disability (SSDI)?

You should apply for SSDI as soon as you and your doctors agree that your disability is going to last a full year. You are not eligible for SSDI if your condition doesn't last a full year so many people have to wait a while to see what happens with their medical conditions. Others, who have been struggling to work in spite of their disability and know the condition is not going away, should apply as soon as they stop working.


Are there retroactive benefits?

When you apply for SSDI, you may get retroactive benefits going back one year so that if you apply within that year you will not lose benefits. In fact, there is a five-month waiting period so you can safely apply without losing benefits up to 17 months after you stop working.


What are the requirements for Supplemental Security Income (SSI)?

In order to be eligible for SSI, you must either be over 65 and impoverished or be disabled and impoverished. Generally, if you are eligible for welfare, you are eligible for SSI. In states without welfare, you must either have no income or income that puts you below the federal poverty level, and little or no redeemable assets.


When should I apply for Supplemental Security Income (SSI) benefits?

You should apply for SSI benefits as soon as you become disabled. Unlike SSDI, there is no retroactivity prior to your application so the sooner you file, the safer you are.


Why the Gray Law Firm? What makes you such good advocates for claimants?

A number of things. First, my staff is highly trained and extremely competent. We are a recognized leader in SSD in the state of Wisconsin and get referrals from all over the Midwest. We have a passion and heart for helping people that may be experiencing a traumatic and debilitating situation. This keeps us focused on accomplishing our goal of getting our clients the benefits they deserve.


I applied for Supplemental Security Income (SSI) but now I'm told I should have applied for Supplemental Security Disability Income (SSDI). Is there any way to fix that?

Generally, an SSI application will be considered an application for any program you might be eligible for under that Social Security number. Therefore, if you apply for SSI and by mistake don't apply for SSDI, generally the SSI will be considered a protective filing date. It is always safest to apply for both programs.


I applied for Social Security Disability (SSDI) and now I'm told I did not meet the earnings requirements and should have applied for Supplemental Security Income (SSI). Is there any way to fix that?

Generally, the government will accept an application for SSDI as an application for SSI as well. It is always safest, however, to apply for both programs.


I'm 25 years old and have worked only since graduating college when I was injured in a car accident. What program am I eligible for?

The earnings requirements for people under 31 are proportionately less, so someone who is 23 may be eligible even if they only worked a few years. Depending on financial need, you might also be eligible for Supplemental Security Income.


I was negligent in the car accident. Does this make me ineligible for Social Security Disability (SSDI)?

No. Fault is not an issue in SSDI .


How can I apply for Social Security Disability (SSDI) or Supplemental Security Income (SSI)?

Anyone can go to the local Social Security office and apply in person. You can now apply for SSDI online or over the telephone.


When can I hire Gray Law Firm?

You can hire us at any stage of the proceeding. We will file the application for you, but if you do that on your own, we can pick up the case at any time throughout the administrative proceeding. The more time you give us to work on your case, though, the better chance you have of winning. Our fees are set by federal statute so they will be the same whether we start the process sooner or later.


How can I make the application process go faster?

You can help by providing the following documents immediately:

• Social Security numbers and proof of age of each person applying for benefits including any children under 18 who might be eligible for benefits.

• Names, addresses and phone numbers of doctors, hospitals, clinics and institutions that treat you and dates of treatment even if you are no longer going there, as long as this information relates to your disability.

• Names of all medications you are taking.

• Medical reports you already have from your doctors, therapists, hospitals, or clinics.

• A complete work history including who you worked for, what type of job you performed, and what were the physical and emotional demands of that job.

I have applied for disability and been turned down. How long do I have to appeal?

Generally you have 60 days to appeal any denial of benefits. You can appeal a denial the same way that you file an application by either doing it in person or by mail. If you mail it we recommend you mail it certified so the government cannot deny that you filed it on time. Of course, if you were a client of Gray Law Firm, we would file the appeal for you. It is always a good idea, however, to let us know if you've been denied benefits because sometimes the government fails to send us a copy of the decision.


How many stages are there in Social Security?

There are at least four. There is the initial application stage. You have 60 days to appeal after denial. Most people are denied at the initial application. In many states, there is a reconsideration stage. The Commissioner of the Social Security Administration has proposed a second stage not called reconsideration but which essentially performs the same function. Again, after that decision, you will have 60 days in which to appeal.

The third stage is the most critical. It is the hearing stage. This is where you meet the Administrative Law Judge. If you are denied at a hearing, you have 60 days to appeal to the Appeals Council, though the Commissioner is trying to abolish that. If you lose at the Appeals Council, you have the right to file in federal court though generally that is extremely difficult and cannot be done realistically without an experienced lawyer.


I was denied for benefits recently. Should I appeal or just file again?

If you file again, you may wind up not getting as much benefits as if you appealed the decision. It is generally better to appeal rather than to refile. There are some times, however, particularly after denial at the hearing that you may want to do both, especially if there is some new medical proof that makes your case stronger than before.


What makes a case strong?

The best cases are those where the medical evidence is extremely strong. In particular, the strongest cases include narrative reports by your treating doctors.


Can someone win Supplemental Security Income and not win Social Security Disability?

Yes, and it happens quite often. Remember, for SSDI, you must also meet the insured status. Many people whose insured status has expired because they haven't worked recently can get Supplemental Security Income (SSI) if they can prove a recent disability. You can also get disability and not get SSDI.

Frequently a person's SSDI monthly benefit is too high to be eligible for additional SSI benefits. If you are not impoverished, you are never eligible for SSI, even if you are disabled. Many people can receive both. The definition of disability is the same for SSI and for SSDI, and the appeals process is the same for both.


How are you paid?

Our fee is usually 25% of the past-due benefits but we only get paid if we are successful. In most cases, our fee is capped at $6,000, plus reimbursement of costs. This cap is set by the Social Security Commissioner and is always subject to change.


What are the hidden expenses if I hire Gray Law Firm?

There are no hidden expenses. The only expenses that any Gray Law Firm client has are the cost of medical reports from their doctors. Outside of the rare federal court fees, there are no costs to file an Social Security Disability ( SSD ) application. We don't charge for phone calls, routine overhead, or our travel to the hearing, no matter how much it costs us.


If I get disability, will I be entitled to health insurance?

If you win Social Security Disability, you get Medicare twenty-nine months after your onset date or two years after the first date you were eligible for cash benefits, whichever is later. If you get Supplemental Security Income, you receive Medicaid effective the day you applied for Supplemental Security Income ( SSI ) . People with amyotrophic lateral sclerosis (Lou Gehrig's disease) or those with end-stage renal disease are eligible for Medicare without the normal waiting period.


What evidence is used by the government to make a decision on a Social Security Disability case?

First they will see if you've worked long enough and are eligible. Social Security will then consider your age, your education, and your work history as well as all the medical evidence.


What type of evidence should my doctor be supplying?

The best report from a doctor is the same sort of report he would give if he were explaining your condition to other physicians. First, he should give a long history. What were the initial symptoms, when did they start, when did you start noticing them, when did they become significant? He should then mention what treatment he gave you and how well it has worked or not worked. He should give the diagnosis and the prognosis. He should explain the basis for the diagnosis and the prognosis; that is, how he made these determinations, what medical tests have been used, what laboratory findings are consistent with your condition.

He should also describe what your clinical findings are, that is, what he finds when he examines you. Lastly, he should summarize the impact on your ability to work – how these conditions have affected your ability to function. He should describe whether they limit your ability to sit, stand, and walk, to lift, to carry, to work on a regular eight-hour-day basis. If it is an emotional condition or has emotional components, he should describe the impact of stress, working with others, working under deadlines, your ability to concentrate and deal with the general public or coworkers, to remember instructions and learn a job.


How long does it take to get an initial decision?

Each state has a separate state agency that is responsible for making the initial medical determination on a disability case. The amount of time depends on what state you are in. Generally six months is not unusual. In those states with reconsideration, reconsideration can also take six months.


I have been turned down and I have been told to apply for a hearing. How long will it take to get a hearing?

The average is well over one year. It is rare to get a hearing in less than one year. In some parts of the country, it takes two years to get a hearing.


Is there anything I can do to expedite my hearing?

In some hearing offices, judges will try to weed out the cases they can easily grant because the medical evidence is so strong. If you have very strong medicals or a very serious condition, we at Gray Law Firm will try to do what is called an “on-the-record” letter to the judge hoping to expedite the matter. We write to the judge, summarizing the overwhelming evidence of disability in the hope that the judge will agree and grant benefits without the need for a hearing. However, some judges never grant on-the-record letters, and if you are assigned to one of those judges, there's not much you can do but wait for the hearing.


Do I have to be completely incapacitated to get disability?

No. The law requires the impairment or disabilities to prevent you from doing full-time work.


I've just been awarded disability benefits. How long can I expect to be on disability?

You should be on disability until you stop being disabled or become retirement age. The law requires that everybody be reviewed every three years to see if they remain disabled though Social Security can make that a longer period if they consider that your condition will not change.


I don't want to hire anyone unless I have a better chance of winning. Do represented people fair better than unrepresented people?

Almost always. The Social Security process is not easy or uncomplicated. There are deadlines to meet and reports to be obtained. You have to know what sort of information to get from your doctors. At the hearings there are often doctors and vocational experts who testify, and it's almost impossible for a person untrained in these areas to effectively cross-examine either. Attorney Rob Gray has over 20 years of experience representing claimants at hearings.


I have recently received notification for a Continuing Disability Review. I'm told I can keep my benefits until the hearing. Is this true?

Generally you are allowed to continue your monthly benefits until the administrative hearing if the Social Security Administration's reason for ceasing your disability benefits is because of medical improvement. In other words, if the government looked at your case again and decided you were no longer disabled, but you and your doctors feel you are still disabled, you are allowed to continue your monthly benefits while waiting for that year or almost two years for your hearing to be held. If, on the other hand, you were ceased for some other reason; that is, you have been working or they found some fraudulent activity in your application, then they will not continue the benefits.


I have two children. When I won my disability they started receiving a small amount each month. My friend has one child but his child receives a much greater amount even though we earned about the same. Why?

The amount of benefits that children can receive cannot exceed 50 percent of what the adult wage earner is receiving. So if you won your case and you were getting $1000 in Social Security benefits, your children cannot receive more than $500. If you have three children, each of them receives 1/2 of the $500. If you have only one child, the child receives the entire amount.


How does the government calculate what my rate will be?

It all depends on how much you contributed. The more money you made, the more you will get back in Social Security benefits. However, it's not a direct relationship between how much you gave in FICA taxes.

I am a younger person who was injured and is permanently disabled. Do I have to be 65 years or older to be eligible for Social Security Disability benefits?

Many people hear the words “social security” and think that only people 65 years or older are eligible for disability benefits. The truth is that anyone regardless of age (infant to elderly) may be eligible for benefits under the Social Security Disability program if they have experienced permanent, partial or total physical or mental impairment. The children of permanently disabled adults may also be eligible for benefits.


My initial Social Security Disability (SSDI) claim was denied. Does that mean I will never receive any benefits?

There are many reasons an initial SSDI claim may be denied including bureaucratic errors, a lack of available medical information, or a specific person's opinion. In fact, a high percentage of initial SSDI claims are denied, but won on an appeal. It is important to work with a qualified professional to ensure that the process is followed correctly to maximize the results of a positive outcome.



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