Social Security Disability Benefits

Sly- The folks from Lawton and Cates are here. That’s Lawton, L A W T O N, Cates, C A T E S. Lawtoncates.com  What’s your phone number Kent?

Kent-282-6200

Sly- Kent Carnell and Dan Lenz joins us for the first time. Gentlemen, good morning. Social security is not just about retirement is it, it’s bigger than that?

Dan- Absolutely. It covers any number of people, especially people with disabilities.

Sly- Physical and mental?

Dan- Physical and mental.

Sly- Alright, and you don’t necessarily have to be 100% disabled to get social security disability, correct?

Dan- Not necessarily 100% but it is a high standard. You have to not be able to do any substantial activity. That’s the standard we use most often.

Sly- You could say that about half our state legislature.

Kent- A lot of times what you see, an example that is often used is, say you’re a construction worker that is injured and clearly can’t do construction work anymore. An example of social security uses is can you be an attendant in a self-service gas station where all you do is take money? The standard is that hard to get.

Sly- That’s pretty hard.

Kent- Yeah and if you can do that 35 to 40 hours a week, you would not be disabled according to the social security requirements.

Sly- So why would, why is an attorney needed in dealing with the social security administration? There’s a social security administration office here in Madison, right?

Kent- Yes there is. Often the person who is disabled can make the first application in the consideration process, but the next step is a hearing before a judge, an administrative law judge. And often an attorney is helpful, one in knowing the law and the standards and then are able to present the testimony from the disabled person at that hearing in a manner that enhances getting their benefits.

Sly- Dan you used to work, Kent you used to do this area of the law and now you do Dan?

Dan- That’s right. Kent still does some of it but I’m getting started in it.

Kent- I did it for many years so now I’m trying to train the younger people and do other things myself.

Sly- Alright, what’s the biggest obstacle? People can talk to their doctor, their doctor can lay out a very valid case and social security says no?

Dan- Well it can often be the case that the social security administration is a huge bureaucracy and it’s hard to say who reviewing the file knows what about the specific medical condition. It’s often the case that the biggest obstacle is translating what a medical condition is to what it means on the ground to a specific person, what it means they can and can’t do any given day.

Sly- At what point during that process should you talk to the folks at Lawton and Cates, first rejection?

Dan- Well, you’re entitled and perfectly able to go through the first two stages of the application process, the initial application and the reconsideration. But it can also be helpful to get a second opinion and just to check in as to what your rights might be.

Sly- I guess the question I’m asking is can people make mistakes on their applications from the very beginning that could cost them at the very end? In other words if they got some legal advice in the very beginning filling out their application, or is the application not the problem?

Dan- The application can be the problem in getting your benefits most quickly, but the administrative law judge does do a de novo review. They are not bound by the initial application or the initial findings of the administration.

Sly- Okay.

Kent- Often people will put down in their application things that aren’t related to their ability to do the job. They might just talk about all their pain, but they still may have certain abilities. You have to talk about your limitations and restrictions of actually working in the work force.

Sly- In order to qualify for disability, do you have to, in your life worked a certain amount of hours? Do you have to have to have accumulated a certain amount of social security benefits?

Kent- There are two particular programs, SSDI, Social Security Disability is based on your work history. I believe you have to have worked at least 40 quarters to qualify for that. And then your benefits are based on your work earnings. SSI, supplemental security income, is not based on work history. It is generally for younger people or those who do not have a work history. The benefits are generally lower but the tests between the two, to do substantial physical activity are the same.

Sly- Can you qualify for both?

Kent- No. One or the other.

Sly- One or the other. Alright, when it comes to collecting social security in general, say in retirement, are there ever times when attorneys are needed to collect your benefits or your level of benefit?

Kent- For retirement?

Sly- Yes for retirement purposes.

Kent- I don’t know of any.

Sly- So this is really focused on whether you’ve been injured or have mental health problems. What’s harder proving that they physical disability or the mental disability prevents you from working?

Dan- Often mental disabilities because the evidence is so subjective because you really have to rely on the person describing their day to day experiences and it’s just not quite as apparent.

Sly- Right.

Dan- But both can present a lot of challenges

Sly- Is this something that you have to reprove from time to time? In other words can you collect social security disability and be removed from it if they think, okay now you’re okay?

Dan- Absolutely. You can get what’s called a closed period in which social security determines that you’re no longer so disabled that you should be receiving benefits and unfortunately you can also be taxed for over payment. Social security can try to get their money back. That’s also a good time to talk to an attorney.

Sly- I would think so. How would that happen? How would they decide that your status has changed?

Dan- Well if they are reviewing the evidence and determine, let’s say, that you had an injury or disease that they believe should have cleared up, and maybe has, but you’ve continued to collect benefits. It’s also important to inform social security if your condition changes.

Sly- So the government has people monitoring these cases even after you start collecting?

Kent- I think so. And they can also send you forms to ask you questions about your disability or what you’re doing to see if there’s any improvement. They can collect your medical records, so they can write to your doctor and see what your doctor has to say.

Sly- You know when you’re dealing with people with disabilities, social security insurance, they’re not rich so they think to themselves alright how am I going to pay for a lawyer in this situation. What is your response to that? Obviously some money coming in is better than none but how does Lawton and Cates bill in a situation like this, where somebody is not making a lot of money?

Dan- Well social security closely regulates the fees that lawyers can collect on.

Sly- Oh really?

Dan- Absolutely. All social security cases are capped and it’s capped at a certain percentage so Lawton and Cates collects 25% of any favorable finding. So if you start to get benefits, it’s only the past due benefits. It’s not the benefits going forward, it’s capped at $6,000 and it’s always contingent. If there is not a positive outcome, then there is no fee.

Sly- I see national ads, obviously some local people do this, but I see national ads running during daytime television. Is there a big difference between talking to a lawyer on the phone, not meeting your lawyer until your court date having them show up or having human contact with them here in Madison?

Kent- I think there absolutely is because a lot of when you’re presenting testimony before a judge, a lot of it’s credibility, the credibility of the person giving the testimony, the disabled person. As a lawyer, we work with that person; we prepare them to make sure that their testimony is presented in a good manner to enable them to get benefits. You need hands on attorneys. As a trial attorney, I do all kinds of lawsuits. You cannot be a good attorney unless you are hands on with your clients. You work with them, you prepare them, and you make sure that they’re doing what needs to be done to win the case.

Sly- Alright if you need some help in a case like this, Dan, what’s your phone number at Lawton and Cates?

Dan- 282-6200

Sly- And your web address?

Kent- lawtoncates.com

Sly- Dan, Kent, thanks so much for coming down.