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Common Questions Dealing With Social Security Disability

Chhabra & Gibbs, P.A. > Blog  > Common Questions Dealing With Social Security Disability

Common Questions Dealing With Social Security Disability

Social Security

Can I apply for unemployment compensation and social security disability at the same time?

No. When you apply for social security disability, you are claiming that you are unable to work.  When you apply for unemployment benefits, you are claiming that you are ready and able to work.  Therefore, you cannot apply for both at the same time, as this would hurt your social security disability case.

How much are fees in a social security disability case?

Attorneys’ fees in a social security disability case are based on the amount of back benefits you receive. The attorney is entitled to 25% of any back disability benefits, up to a maximum of $6,000. If you do not win your case or if you only receive future benefits from the time of the hearing forward, resulting in no back benefits being awarded, the attorney does not collect any fees.

Examples:

1-You receive $25,000 in back benefits. 25% of $25,000 is $6250. However, because the social security administration limits attorneys to a maximum fee of $6,000, the attorney would receive only $6,000.

2-You receive $7000 in back benefits. The attorney would receive 25%, being $1,750.

3-The judge finds you only recently became disabled and you receive no back benefits but you do get social security benefits from the date of the hearing forward. The attorney receives no attorneys’ fees.

What is a social security disability hearing like?

Clients always get nervous when they are going to have to go into court before a judge. Social security hearings are different from normal court hearings that you may have been in before or that you have seen on television.

Social security hearings are much less formal than a typical court hearing. The judges understand that the clients may need to get up and move around and you are allowed to do so. In addition, you will not be in a large courtroom open to the public. Instead, you will be in a small room with your attorney, the judge, a hearing reporter and a vocational expert. Your private information will not be broadcast to a courtroom full of people.

The judge and your attorney will discuss the medical issues that keep you from being able to work and you will testify regarding those issues and the limitations that are caused by those issues. Your attorney should have you well prepared prior to the hearing so there is no need to be nervous.

Can I make a claim for social security disability based on mental issues?

Social Security claims for individuals with mental health issues can be difficult.  It often appears to the Judge that the claimant is not being credible or is exaggerating how his conditions affect him or her.

Sometimes claimants with mental claims do not even realize how their mental conditions truly affect them in their daily lives.  Therefore, it is always important for the claimant to have another individual who can testify about the issues the claimant is suffering with and how those issues affect him or her.  It is also important to tell you doctor, psychiatrist/psychologist or counselor how your mental issues affect your daily activities.  If you are unable to provide an accurate assessment for your doctor, please have another individual or family member go with you to an appointment in order to discuss how your mental issues affect you in your day to day activities.

If you or someone you love would like more information regarding Social Security Disability, or would like assistance in applying for disability benefits, please give Chhabra & Gibbs, P.A. a call today at 601-948-8005.

Teresa E. Harvey

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