|
|
|
|
Frequently Asked Questions about Social Security and
Workers' Compensation Claims . . .
SOCIAL SECURITY
Q. How do I obtain Social Security or SSI Disability benefits?
A. Before any benefit can be paid, you must first apply. You can file a Social Security Disability application in person at your local Social Security office or by telephone by calling 800-772-1213. After you file your initial application, you should meet with an attorney in our office to discuss your claim. We will advise you about your potential rights and benefits under Social Security as well as any potential problems with your claim.
Q. Is there a time limit on how long I have to appeal a denial of benefits?
A. Yes. You must file an appeal within 60 days of any denial. If your initial application is denied you must ask for reconsideration within 60 days. If your reconsideration is denied, you must request a hearing within 60 days. If your hearing results in a denial, you must file an appeal with the Appeals Council within 60 days.
Q. Which attorney in the office will handle my case?
A. Presently, there are two attorneys in our office who are handling Social Security Disability claims and a full-time paralegal
Q. What fees will I need to pay?
A. An attorney's fee is payable only upon obtaining a favorable decision. Our contract calls for either 25 percent of past due benefits or an hourly rate based upon the time spent on your case, whichever is greater. All fees must be approved by Social Security. No fee greater than what is allowed by Social Security can be charged.
Q. Are there any other costs that I will need to pay?
A. Yes. Although an attorney's fee is payable only if approved by Social Security after a favorable decision, all other costs of your claim are paid by you. There is no filing fee. We try to advise you in advance of any and all charges that you incur.
Q. What proof do I need to show to get disability benefits?
A. At least one treating or evaluating doctor must support your claim that you cannot work and that you have not or will not be able to work for at least 12 consecutive months. There are also various nonmedical requirements based on your type of claim.
Q. What happens if my claim is denied after my hearing?
A. There is a 60-day period during which you may appeal to the Appeals Council in Arlington, Virginia. If the Council denies your claim or refuses to remand it for a new hearing, we will have 60 days to file a federal district court appeal. Our firm will not appeal to the federal district court without meeting you to discuss the possible appeal. The federal court has different rules and filing fees.
Q. How long will my case take to be completed?
A. That depends on the stage of appeal when you first come to our office and how long it takes the agency to make its decisions. Frequently a hearing is scheduled three months after the request and two to six months after the hearing for a decision.
WORKERS' COMPENSATION
Q. Who will pay my medical bills?
A. All authorized medical and prescription bills are the responsibility of your employer's insurance carrier. You must go only to the doctor authorized by the insurance carrier. Workers' compensation insurance is responsible only for treatment that cures or improves your condition.
Q. What amounts of money will I collect while I am temporarily totally disabled?
A. You will receive 70 percent of your pay up to a maximum amount that varies each year and is established by the New Jersey Department of Labor.
Q. How long will the temporary total disability benefit payments continue?
A. You will receive benefit payments as long as the authorized treating physician feels you remain temporarily totally disabled.
Q. What attorney's fees will I be charged?
A. The attorney's fee is payable only if benefits are awarded to you. This fee is subject to a 20-percent maximum. The judge presiding over the claim determines the amount of the fee.
Q. Are there any other costs that I will need to pay?
A. Yes. You are responsible for all costs of your claim. In most cases, these costs only involve one or two medical evaluations to determine permanent disability after all treatment has resolved. In most cases, you will be reimbursed a portion of these costs by the insurance company at the end of the case.
Q. How much will I receive after the Judge decides my case?
A. At your hearing, all temporary total disability benefits that are due to you will be awarded, and you will receive an award for any permanent disability resulting from the accident. Usually, it takes six to eight weeks after an award is entered for the checks to be received.
Q. How long will it take my case to be completed?
A. Usually, it is six months to one year after the last authorized treatment is given for your injuries. However, in many complicated cases with complex legal issues, it is sometimes longer.
