In keeping with my interest in representing only individuals, I also represent people who need Social Security Disability benefits. I have done this kind of work for over 20 years in five different states.
If you have worked for a living but now cannot because of illness or injury, Social Security Disability benefits can help you. They are not generous but are dependable and steady once you qualify.
To receive these benefits, you must apply for them at a Social Security office. If you are approved, wonderful. If you are denied, then you must quickly ask for a Reconsideration or Appeal. You may then get your benefits, but many times not. If they turn you down again, after the Reconsideration, it is time for a Hearing. I can help at any stage of the application process, but my expertise is most important in the appeal to get a hearing. I can push for it, prepare for it, and go to the hearing with you. There I will ask questions and make it clear to the judge why you cannot work and deserve benefits.
Frequently Asked Questions:
- How do I pay you, the lawyer? Social Security arranges for the successful lawyer to get paid from the accumulated back benefits. Social Security decides when you became disabled, then, upon approval of your claim, pays you a lump sum retroactively. Upon approval, the lawyer gets up to 25% of that lump sum, and that is my total fee.
- What if you take my case and we don’t win, do I owe you any money? No. I’ve done this kind of work for so long that I don’t take a case if it doesn’t look winnable to me. If I turn out to be wrong, you don’t owe me a dime.
- How long does this take? It can take many months in New York City. Your responsibility is to notify my office of any changes in your physical or mental condition so that I can present a complete picture to the Social Security judge.
- Can I get benefits for pain alone? Absolutely. Sometimes it is difficult to show a judge that you have pain but if your doctors report conditions that lead to pain or that keep a person in pain, you can often get benefits.
- What if I never worked but can’t work? Then you would apply for Supplemental Security Income. The difference is that benefits from Social Security Disability are from money paid into the fund. Supplemental Security Income is not paid from that fund, but from the government.
- How old do I have to qualify for benefits? Once you have paid money into the fund over a certain amount of time, you can draw payments if you are disabled. You still have to prove disability, but the older you are, the easier it is to prove it.
- Can I collect benefits if what keeps me from working is emotional, not physical? Yes. A psychiatrist’s clear diagnosis of clinical depression or schizophrenia or other debilitating mental illness can entitle you to benefits if the illness keeps you from working.
- Do I have to be there in person for my hearing? Yes, you need to be there so the Administrative Law Judge can evaluate you and ask questions.
- Will you be there when I am before the judge? Most definitely; that’s a critical time. I will have prepared you for the appearance. It is fairly informal and no lawyers will be there from the other side. I will not tell you exactly what to say, but will explain to you in advance the questions that will be asked.
- Do you win most of your Social Security cases? Yes. There are certain things the judge wants to know and my experience tells me what those are. If I have no faith in your case I will not take it or put you through all the hassle and disappointment.
Don Frazier - Attorney at Law 