Frequently Asked Questions
Q. I cannot work. Am I entitled to Social Security benefits?
A. There are two broad Social Security benefit programs: Retirement, Survivors, and Disability Insurance (RASDI) and Supplemental Security Income (SSI). RASDI provides benefits to workers who have paid enough Social Security taxes and are a certain age or are disabled. RASDI also provides benefits to workers’ family members. Social Security Disability, Social Security Child’s Benefits, and Social Security Widow and Widower Benefits are all part of the RASDI program. SSI provides benefits to people with limited income and resources who are a certain age or are disabled.
If you cannot work, you may be entitled to RASDI and/or SSI benefits. To find out what benefits you may be entitled to, you can use the Social Security Administration’s BENEFITS ELIGIBILITY SCREENING TOOL and/or contact the SOCIAL SECURITY ADMINISTRATION.
REMEMBER, you are only entitled to Social Security and SSI benefits if you apply.
Q. I am disabled and cannot work. How and when do I apply for Social Security benefits?
A. You apply for Social Security Disability and Supplemental Security Income (SSI) benefits through the SOCIAL SECURITY ADMINISTRATION. You can apply for Social Security Disability benefits online, by telephone, or in person. For SSI benefits, you must apply by telephone or in person.
You should apply for Social Security Disability and SSI benefits as soon as possible. It can take a LONG TIME for claims to be approved, from months to years, and there is limited retroactivity.
Q. I applied for Social Security Disability and/or SSI benefits and my claim was denied. What should I do?
A. File a written Request for Reconsideration within 60 days of the denial notice. Most Social Security Disability and SSI claims are initially denied. There are four levels of review: Reconsideration, Hearing, Appeals Council, and Federal Court. You can find more information in the Social Security Administration publication THE APPEALS PROCESS.
Q. My Request for Reconsideration was denied. What should I do?
A. File a written Request for Hearing Before an Administrative Law Judge within 60 days of the denial notice. Most Requests for Reconsideration are denied.
Q. I have a Hearing scheduled for my Social Security Disability and/or SSI claim. What can I expect at the Hearing?
A. At your hearing, the Administrative Law Judge will explain the issues and question you as a witness. There may be other witnesses, such as a medical or vocational expert. You and the other witnesses answer questions under oath. The hearing is informal, but is recorded. You may question any witnesses and submit evidence. Here is a short video about what happens at a Social Security disability hearing, PREPARING FOR A SOCIAL SECURITY DISABILITY HEARING.
Q. I just had my Hearing. What happens now?
A. The Administrative Law Judge will review the evidence, possibly request additional evidence, and eventually issue a written decision. The decision may be fully favorable, partially favorable, or unfavorable to you. If the decision is fully favorable or partially favorable, the Social Security Administration will refer the claim to a payment center for processing. If the decision is less than fully favorable, you can file a written Request for Review to the Appeals Council withing 60 days of the decision notice.
Q. Do I need an attorney to represent me with my Social Security Disability and/or SSI claim?
A. You do not need an attorney to file and pursue a claim for Social Security Disability and/or Supplemental Security Income benefits. Yet, Social Security Administration statistics show that claimants who are represented by an attorney have a higher chance of success. For more information, you may want to read the Social Security Administration publication YOUR RIGHT TO REPRESENTATION.
Q. I cannot afford an attorney. What can I do to get representation for my Social Security Disability and/or SSI claim?
A. Attorneys who represent Social Security Disability and SSI claimants normally charge the same fee, and the fee is only paid if you win your case. The standard fee is the lesser of 25 percent of past due benefits or $6,000.00. This means there is no fee unless your claim is approved and results in past due benefits.
Q. I may need help with my Social Security Disability and/or SSI claim. When should I hire an attorney?
A. You can hire an attorney at any time during the application or appeal process. Most Social Security Disability and Supplemental Security Income claims are initially denied. There are four levels of review: Reconsideration, Hearing, Appeals Council, and Federal Court. The process becomes increasingly complicated as you move through these levels of review.
Q. Why should I choose Amberger & Chamberlain to represent me with my Social Security Disability and/or SSI claim?
A. If you are serious about your claim for Social Security Disability and/or Supplemental Security Income benefits, you should consider hiring an attorney and you should look for the best possible representation. Amberger & Chamberlain works exclusively with Social Security matters, we include a former Social Security attorney, and we are a local law firm serving Santa Barbara County and the Central Coast. Our attorneys have extensive courtroom experience and have worked with hundreds of Social Security claims. We pride ourselves in providing compassionate representation and remaining responsive to our clients’ concerns.
