Every time you receive a paycheck from your employer, there is a deduction of Social Security taxes.  When most people think about Social Security, they think about retirement benefits that they will draw when they reach full retirement age. However, a portion of your Social Security taxes is also used to fund a disability plan. Under Federal law, if you are injured or have some disease or illness which prevents you from working, then you may be entitled to Social Security benefits even though you are not yet at full retirement age. The purpose of Social Security disability benefits is the same as with any other disability policy – to provide you with income when you cannot work. As with any government program, the rules for Social Security disability are complex. Although you have the right to proceed with a disability case without an attorney, statistics show that you are more likely to obtain benefits if you have the guidance of an experienced Social Security disability attorney. With over 14 years of experience in successfully handling hundreds of Social Security claims, Huffman Law Firm, P.A. can help guide you through the treacherous waters of the Social Security system. Richard Huffman was the first attorney in the United States to represent a claimant in an electronic file hearing.

Given the complexity of the system, it is impossible to answer all of the questions and different situations that can arise. However, the following are some of the frequently asked questions concerning Social Security disability benefits. If you have specific questions about your particular situation, please feel free to call the Huffman Law Firm, P.A. at 1-800-222-3600.

How does Social Security define ‘disability’?

Under the Social Security Act, "disability" means "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months." <<top>> or <<questions>>

How do I go about obtaining benefits if I can no longer work?

To apply for Social Security benefits you simply fill out a form. The form asks questions about your past work history, the doctors you have seen and the reasons you feel you are disabled. This form is available at your local Social Security office or on-line at http://www.ssa.gov/. Call the Huffman Law Firm, P.A. if you have questions about how to begin the application process. <<top>> or <<questions>>

Can I apply for Social Security disability benefits even though I have a lot of money or my spouse is working and earning a good income?

Yes. Social Security is not based upon your income or your assets. You may be entitled to Social Security disability benefits if you are disabled to such a degree that you can no longer work. How much money you have is not relevant to the determination of your disability. <<top>> or <<questions>>

Is there a waiting period before I can apply for Social Security disability benefits?

No! You can apply for disability on the first day that you become disabled. You should apply as soon as possible. The longer you wait to apply, the longer it will be before you can start receiving benefits and you may lose benefits by waiting to apply. <<top>> or <<questions>>

What happens after I apply for Social Security disability?

In a word, your claim will likely be denied. An organization known as the Disability Determination Service reviews your claim. Unfortunately, most claims are denied no matter how strong the case is. Do not be discouraged by a denial. You will receive information about how to appeal the denial of your claim at the same time you receive the denial notice. You must appeal the denial of your claim within 60 days or your right to appeal will be lost.<<top>> or <<questions>>

I have appealed my initial denial but was turned down again on reconsideration. Should I give up?

No! Most claims are also denied at reconsideration. The fact that your claim was denied does not mean your claim lacks merit. Satistics show that the majority of claims are denied after the initial application and are denied again upon reconsideration. You must file a timely appeal to continue with your claim. If you have not done so by now, you should hire an experienced Social Security expert, like the Huffman Law Firm, P.A. to help you with this appeal process. <<top>> or <<questions>>

What happens after I appeal for second time?

Your case will be scheduled to be heard in front of an Administrative Law Judge (ALJ). Due to inexcusable delays, it will likely be over a year before a Judge actually hears your case. During this time, the Huffman Law Firm, P.A. will work with you to strengthen your case. We will meet with you and obtain all of the details about your disability. We will make sure Social Security has all of your medical records. We will contact your physicians to obtain their opinions on your disability. Once all the information is gathered, we will often ask for an "on the record" review of your case. That means we will ask Social Security to review your case even before the hearing. Many cases are approved on the record. If your case is not approved on the record, then your case will be heard by an ALJ. <<top>> or <<questions>>

What happens in a hearing before an Administrative Law Judge?

Hearings in front of an ALJ are usually much easier than people think they will be. They are usually held in a small room. The only people in the room are you, your attorney, the judge and a court reporter. Perry Mason is not in the room and neither he nor anyone else is going to cross examine you. Rather, most of the hearing consists of your Social Security attorney asking you questions to show that you are disabled. The judge may also ask you some questions. In some cases, there may also be a vocational expert in the room. That person will listen to your testimony. The judge will then ask the vocational expert if there are any jobs available for a person with your disability. Your Social Security lawyer will be able to cross examine the vocational expert. <<top>> or <<questions>>

What happens if the judge rules against me?

Your Social Security disability attorney can appeal your case to the Appeals Council. You do not have to testify again. Rather, the Appeals Council decides your case based upon the testimony you gave in front of the judge, your medical records and your disability lawyer’s written argument that outlines why the hearing judge was wrong. Some cases can even be appealed to a United States District Court if the Appeals Council does not decide in your favor. <<top>> or <<questions>>

Can I file for Social Security disability even if I am receiving long term disability or workers’ compensation?

Yes! As a matter of fact, many people receive long term disability, workers’ compensation as well as Social Security disability benefits. However, you usually cannot receive the full amount from all three sources. There is often a “set off” that reduces the amount that you receive from certain sources. If people could receive 100% of their long term disability, 100% of their workers’ compensation and 100% of their Social Security, they would be making much more than they were earning while they were working. As a matter of social policy, the government does not want to give people that much incentive to stay out of work. <<top>> or <<questions>>

I was laid off from my job and am collecting unemployment benefits.  Can I also receive Social Security disability benefits?

No. To receive unemployment, you must state that you are ready, able and willing to go to work. To receive Social Security disability, you must state that you are unable to work due to a severe medical impairment. The two statements are totally contradictory. Either one or the other statement may be true. However, they both cannot be true at the same time. <<top>> or <<questions>>

Although I cannot work now, I hope to get better and be able to go back to work? Can I still apply for Social Security disability?

The Social Security definition of disability states you may receive benefits if you have a disability that “can be expected to last for a continuous period of not less than 12 months." Thus, if you are able to go back to work in less that a year, you cannot receive Social Security disability benefits. However, if you are likely to be out of work for more than a year, you can receive benefits during the period that you cannot work. Your benefits stop when you get well and go back to work. <<top>> or <<questions>>

My Social Security case has been pending for over a year. Why can’t my attorney get the case heard quicker?

It is very frustrating to be out of work and not be able to get a decision out of Social Security. Unfortunately, there is little an attorney can do to get your case heard sooner. Social Security usually hears cases on a first in – first out basis. Given the huge backlog, it can take a long time for Social Security to process all the cases which were filed before yours. In North Carolina, it usually takes eighteen months to two years to get a hearing. Some cases can take as long as two years. I personally find such a delay totally inexcusable. However, there is little anyone can do to get your case moving quicker through the pipeline. <<top>> or <<questions>>

Are there any benefits I receive other than a monthly check?

Yes. Once you have been entitled to Social Security disability benefits for two years, you will be entitled to Medicare. For some people this is the most important benefit. Some people who are also receiving other types of benefits will get only a small monthly check from Social Security. However, Medicare coverage alone may well be worth the effort of getting approved for Social security benefits. <<top>> or <<questions>>

Speaking of monthly checks, how much am I going to get from Social Security each month?

It depends on how long you worked and how much income you received. Thus, each case is different. Generally, the longer you worked and the higher your income, the more you will receive. <<top>> or <<questions>>

I have a drinking problem that keeps me from working. Can I still get Social Security disability benefits?

Generally speaking, the answer is no. Congress has passed laws that keep Social Security from paying disability benefits to people who are disabled due to alcoholism or drug addiction. However, like everyone else, alcoholics and drug addicts can have other severe medical problems. Alcoholics and drug addicts who become disabled apart from their alcoholism or drug addiction can become eligible for Social Security disability benefits. <<top>> or <<questions>>

Can Social Security ever stop my benefits once I have been approved?

Yes. Social Security is increasing the number of cases it reviews each year to determine if people are still disabled. Social Security will not cut off your benefits without first giving you notice. Most people whose cases are reviewed will continue to receive their benefits. However, you need to appeal IMMEDIATELY if you ever receive notice that Social Security is going to stop your benefits. You have the right to a hearing before they stop your benefits. It is best to hire an experienced Social Security lawyer like the Huffman Law Firm, P.A. to represent you during this appeal. <<top>> or <<questions>>

Why should I hire an attorney?

The Social Security laws are complex and difficult to understand. There are many different regulations, rulings and court decisions which outline the rules that govern Social Security. The only way you can learn these numerous rules is thru experience. Studies have found that people who are represented by Social Security attorneys are more likely to receive benefits than those who chose to represent themselves. <<top>> or <<questions>>

How much will the Huffman Law Firm, P.A. charge to represent me?

Cases are handled on a contingency fee basis and are set by Federal law. That means we get paid only if we win your case for you. We are paid 25% of the past due benefits you receive up to a maximum of $5,300.00. There are usually certain costs that your attorney will advance while your case is pending. For example, we will order your medical records from your doctors. The doctors charge us for their copying expense. You are required to reimburse us for any costs we advance. However, the Huffman Law Firm, P.A. will not incur any significant expense without your prior knowledge and approval.

Although the firm has a statewide practice, much of our work is done in the Salisbury, Rowan County; Mocksville, Davie County; Lexington/Thomasville, Davidson County; Concord, Cabarrus County; and Albemarle, Stanly County areas.

1-800-222-3600