SOCIAL SECURITY DISABILITY: QUESTIONS & ANSWERS, PART I

The Forsythe Firm in Huntsville, AL (256) 799-0297- has updated some of the most frequent questions we receive about Social Security disability benefits.  This update is in two parts.  This is Part One.  Part Two is a separate posting on this site.

How long does it take to get a decision back on my application?  ANSWER:  In North Alabama, 90 to 120 days is the typical wait.  This time can be shorter if you have a clear cut condition that is obviously disabling and the medical evidence is readily available.  For example, if you are a veteran with a 100 percent permanent and total VA disability, your waiting time may be drastically reduced.

Will Social Security send me to one of their doctors for an exam?  ANSWER:  It depends.  If they feel they do not have enough recent medical evidence to make a decision, they will schedule an exam with a doctor with whom they contract.  This probably happens in about 20 percent of all cases.  If a a consultative exam is scheduled, you should attend.

How is my back pay calculated?  ANSWER:  If your claim is approved, you can be paid to the established onset date (the date you first became unable to work).  Since there is a 5 month waiting period, five full months will be deducted from the back pay to satisfy this waiting period.  Also, there are rules about how far back your payments can go.

How is my attorney or non-attorney representative paid?  ANSWER:  Your representative can only charge a fee if you win and also collect back payments.  The amount of the fee will be governed by two things:  (a) the fee agreement between you and your representative, and (b) Social Security Administration's approval of the proposed fee.  Typically, Social Security will approve a fee equal to 25 percent of total back payments, not to exceed the established maximum fee.

What if my representative wants to charge me a fee even though I received no back pay?  ANSWER:  This is against Social Security's regulations and is not permitted.  (Actual out-of-pocket expenses are not considered a fee and representatives handle these expenses in different ways).