How does the Social Security Administration define
“disability”?
“Disability” is defined by the Social Security Act as the inability to perform substantial gainful activity for 12 continuous months by reason of physical and/or mental impairments. In making this determination, the Social Security Administration considers whether an individual can perform work done in the past and whether any work could be performed in the national economy for which that individual might be suited by reason of age, education, and past work experience.

Who is eligible for Social Security and Disability?
Social Security Disability (SSD) is a program that provides benefits for disabled workers who have held a job or a series of jobs subject to the Social Security system for a required period of time (generally five out of the last 10 years). An individual must have worked and paid FICA taxes to be eligible for Social Security and Disability benefits.

Who is eligible for Supplemental Security Income?
Supplemental Security Income (SSI) is a program for the aged, blind or disabled. The disability standard is the same as used in the SSD program. However, to receive benefits, an individual’s income and resources must be limited.

How do I file a claim for SSD or SSI?
The first step is to complete and file an application for disability benefits and/or supplemental security income. An application can be obtained at your local Social Security office and they can help you fill it out.

Will the Social Security Administration approve my claim?
Most applications are denied at the initial level. Once you are denied you can file a Request for Reconsideration. This is the point Lewis&Daggett usually begins representation. Approximately three to five months after the Request for Reconsideration is filed, the Social Security Administration issues another decision. This is usually a denial unless there has been a significant change in your condition from the prior decision.

What do I do if my claim is denied at the reconsideration level?
If your claim is denied at the reconsideration level, you have the right to request a hearing before an Administrative Law Judge. Because the Judge is not bound by the prior decisions on your claim, the hearing is the most important step in the claims process. At the hearing, the Judge takes testimony under oath, accepts evidence into the record, and considers legal arguments.

If I am awarded benefits, how much will I receive?
If you are found disabled and awarded benefits, you will receive past-due benefits and future monthly benefits. The exact amount of your monthly SSD benefits depends on your work history, in particular how much you have earned and how long you have worked. For SSI, the maximum amount you can receive is set each year by the government.

How much does it cost to hire an attorney?
At Lewis&Daggett, we take SSD and/or SSI cases on a contingency fee basis, which means you do not owe an attorney’s fee unless you receive your benefits.

Do I really need an attorney to represent me?
Although anyone can represent you before the Social Security Administration, statistics compiled by the Social Security Administration show that individuals represented by attorneys are awarded benefits more often than those without attorney representation.

Simply consider some of the things Lewis&Daggett does for our Social Security DISABILITY clients:
1. Preparing and filing all necessary documents at each stage of the process.
2. Gathering medical information and other evidence to submit to the Social Security Administration.
3. Contacting your doctor as needed to obtain his/her medical opinion regarding your functional abilities.
4. Requesting that the Social Security Administration obtain a particular examination for you.
5. Referring you, as needed, to a doctor of our choice for an examination.
6. Preparing you for the hearing.
7. Representing you at the hearing.
8. Insuring correct calculations of any awarded benefits.
9. Filing an appeal with the Appeals Council if you lose.
10. Working in the system to expedite the process and get a decision as quickly as possible.
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Lewis & Daggett Attorneys at Law, PA, has its principle office in Winston-Salem, North Carolina. Its attorneys are licensed to practice law only in North Carolina and not in any other jurisdictions. The firm does not intend to practice law in any jurisdictions where the firm is not licensed.