Social Security Disability FAQs

  1. Will my children receive benefits if I am found disabled?

    Minor children under the age of 18 may receive up to 50 percent of your benefit amount. Generally, the child or children must be living with you or dependent on you in order to receive benefits. The benefit amount, unfortunately, does not change depending on how many children you have.

  2. What happens if I return to work?

    The government has many different rules on working during a period of disability, and you will not ordinarily be denied benefits if you perform some work. Generally, if you return to work after you became disabled, you must make less than a certain amount of money and stop working after a few months as a result of your disability. The rules on work can often be very complex and specific to each person’s situation; we suggest that you call and speak to us regarding specific questions.

  3. How much will Schwartzapfel Partners P.C. charge me?

    It is important to remember that Schwartzapfel Partners P.C. does not get paid unless we win your case. You will not have to pay an up-front fee to retain Schwartzapfel Partners P.C. If we win your case, our fee is 25 percent of your past-due benefits or $6,000, whichever is less. If your claim does not result in past-due benefits, we will charge a fee based on services we performed but which cannot exceed 25 percent. Our fees are approved by the government and, if we win your case, the government will automatically pay us out of your past-due benefits. Please note that these fee amounts are set by the SSA and are common to most, if not all, law offices handling Social Security disability cases.

  4. When should I apply for benefits?

    You should apply as soon as you feel unable to work for at least 12 full months. Social Security benefits are paid based on the date you file your application, so the sooner you apply the more money you will be entitled to if you are found disabled. Please remember that in order to be found disabled, you usually have to show that you are unable to do any job for at least 12 full months. We recommend that you apply 6-8 months after the date you last worked. You may wait up to 17 months after you stop working without losing any past-due benefits.

  5. Can I receive Worker’s Compensation benefits and Social Security disability benefits at the same time?

    Yes, it is possible to receive both types of benefits at the same time. However, depending on your earnings, and how much money you are receiving in Worker’s Compensation, it is possible that your Social Security benefits could be reduced. If you contact us directly, we will be able to tell you if you are likely to have your benefits reduced.

  6. What do I have to prove in order to get Social Security disability benefits?

    The Social Security Administration has an extremely high standard for disability. Even if you are receiving disability benefits from another program, you might not meet Social Security’s definition of disability. You must prove that you are unable to perform the job you used to do, and that you are unable to perform any other job as well. The rules for people over 50 are a little different. For a more complete explanation, please do not hesitate to contact us.

  7. Will I be entitled to health insurance if I win my case?

    If you win your case, you will be either entitled to either Medicare or Medicaid. Which program you are entitled to depends on what type of disability benefits you are receiving. If you receive Disability Insurance Benefits, you will be entitled to Medicare. If you are found to be eligible for Disability Insurance Benefits, you will receive Medicare 24 months after your date of entitlement. If you receive Supplemental Security Income, you will be entitled to Medicaid. If you are found to be eligible for Supplemental Security Income, you will receive Medicaid immediately. The issue of medical coverage can be confusing, so please feel free to contact us with any questions that you may have.

  8. What fees will I be responsible for? How much money will this cost me?

    You are responsible for the costs of your medical records. When we request medical records from your doctor, they are generally allowed to charge up to 75 cents a page. We will also ask your doctor to fill out a questionnaire and/or draft a narrative report about your ability to work. Many doctors charge a fee for this, and you will be responsible for any such charges. Most doctors are willing to work out a payment plan or even waive the fee entirely. When the time comes, you should discuss this with your doctor.

  9. What is the difference between Disability Insurance Benefits and Supplemental Security Income?

    Both programs have the same medical requirements, however, there are several important differences between the two. Disability Insurance Benefits (DIB) are available to people who meet the medical requirements, and have worked five of the last 10 years before they became disabled. The amount of money that they receive each month varies depending on how long they have worked and how much money they have made. The rules are different for those people under the age of 31. If you are under 31, please contact us for a more complete explanation.

    Supplemental Security Income (SSI) is available to those who have not worked in a long time, or who have never worked. The amount of money you receive each month is fixed by the federal and state governments, and each recipient receives the same base amount. This amount can be reduced depending on how many assets you have. Generally speaking, SSI is only available to those who have limited to no assets. Social Security uses a complicated formula to determine if you are eligible. If you want to know if you will be eligible for SSI, please contact us.

  10. Does the Social Security Administration administer any other disability benefit programs?

    In addition to DIB and SSI, the Social Security Administration also administers several other disability programs. These programs are meant for widows and widowers who become disabled, and for the disabled children of those receiving disability, retirement, or survivors benefits from Social Security. There are several other requirements for these programs, so to see if you may qualify, please contact us.

  11. How much will your fee be?

    It is important to remember that Schwartzapfel Partners P.C. does not get paid unless we win your case. You will not have to pay an up-front fee to retain us. If we win your case, our fee is either 25 percent of your past-due benefits or $6,000, whichever is less. If your claim does not result in past-due benefits, we will charge a fee based on the services we performed. Our fees are approved by the government and, if we win your case, the government will automatically pay us out of your past-due benefits. Please note that these fee amounts are set by Social Security and are common to most, if not all, law offices handling Social Security disability cases.

  12. What happens when I apply for benefits?

    When you first file for benefits, you enter the initial application stage. The application consists of a lot of paperwork, often asking you the same questions many different times. A disability analyst reviews your medical records and decides whether or not you are disabled. The process, from start to finish, takes about four to six months.

    If you are denied at the initial application stage and live in certain states, you may appeal the decision by requesting a hearing before an Administrative Law Judge (ALJ). Statistically, you have the best chance of winning when you appear at a hearing before an ALJ. It is the only time you have the opportunity to appear before the person who decides your case. Unfortunately, the waiting period for a hearing is lengthy due to tremendous backlogs in the SSA, and there is very little that we or any other law office can do to decrease the waiting time.

    If your case is denied by an ALJ, you may file an appeal with the Appeals Council. After a written appeal is submitted, a legal brief is filed which argues why the ALJ’s decision was improper and should not be upheld. The Appeals Council can either grant or deny your case, or they may send it back to the ALJ for another hearing. The Appeals Council process is conducted entirely through paperwork, and is usually very lengthy as well.

    If the Appeals Council denies your case, your only other option is to file a civil action in district court. At that point you are no longer appealing to the SSA but to the district courts. Therefore, strict legal rules apply and there are different standards. Filing a civil action can be costly, time-consuming, and demanding on the representative. We decide on a case-by-case basis whether to file a civil action.

    As you can see, filing for Social Security benefits can be a long and difficult process. At Schwartzapfel Partners P.C., we are well-trained in handling these claims and will do everything we can to make the process easier and quicker for you. Please contact a member of our staff if you have additional questions or concerns; we are always here to help you.

    Things To Remember:
    • Keep seeing your medical doctor while your claim is pending and after you are receiving benefits.
    • Do not contact Social Security yourself. If Social Security contacts you, advise them to call us instead. Then call us immediately to let us know.
    • If you receive any forms from Social Security, fill them out as best you can, sign them, and send them to us.
    • Notify the office if you return to work while your claim for benefits is pending. Let us know right away when you start seeing a new doctor or are hospitalized.
    • You are responsible for the cost of any medical records needed to support your claim. Accordingly, it is strongly recommended that you plan ahead to anticipate these costs. Let your doctor know that you are responsible for these fees. They are often willing to give them to you at a reduced cost, or even for free.
    • We ask for your patience as it can take up to six months for your first decision, and up to 18 months to get a hearing date. The processing time is not within our direct control.
    • If you change your address or telephone number, please contact the office.
    • The Social Security Administration will need to see your original birth certificate and proof of citizenship, so be sure to locate those documents. Copies will not be accepted.

The most common question people ask us is why they need a representative. The application process can be daunting and easily overwhelm someone who does not know the ins and outs of the system. Having a representative who knows how to talk to the employees of the Social Security Administration can be invaluable. A representative makes sure that all information is given to Social Security in the proper way.

A representative is also extremely helpful if your claim is denied initially, as 60 to 70 percent of claims are. A representative will ensure that all of your medical records have been gathered and submitted to the Social Security Administration. The representative will also present your case to the judge when you have a hearing, and make sure that you get a chance to tell your story. While it is possible to obtain benefits without a representative, your chances of winning your case will be greatly increased if you retain a representative to assist you.

When you retain the law firm of Schwartzapfel Partners P.C., you are retaining more than a law firm. You are retaining an advocate who will diligently develop your case and present it to the Social Security Administration. We are always available to answer your questions. We have extensive knowledge in the field of Social Security disability law. We understand how difficult it is to be unable to work, even though you want to. We will be here to assist you in every step along the way. We are experienced advocates who have handled thousands of cases, and we get results. These are the attributes that set us apart from other law firms:

Personal Touch

  • We are always available to answer your questions, either in person, over the phone, or via e-mail.
  • Your case will be handled by a small group of experienced personnel who will be familiar with the unique details of your case.
  • We will always give you our undivided attention. Each case is extremely important to us.

Experience And Knowledge

  • We have handled hundreds of cases, and are intimately familiar with Social Security’s rules and regulations.
  • We know how to obtain the evidence that Social Security requires to issue a favorable decision.
  • We have extensive training, both in the classroom and on the job, in representing disabled individuals before the Social Security Administration.

Compassion

  • We understand how you feel and will do everything we can to make the process easier for you.
  • We listen to what you have to say and we care about how you feel.

Results

  • Over the years we have represented many, many disabled people and have an excellent track record.
  • We will tirelessly fight for you and we will get results.
Submit Your Case

If you have suffered a serious injury due to the negligence of another, you need someone on your side to help you obtain the fair and reasonable compensation that you deserve.

Submit your case to us by filling out the form below or call us toll free at 800.966.4999.


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