• How long after I apply will it take for Social Security to issue a decision?
• What should I do if I get a denial notice?
• Do I need to get medical records or reports for my lawyer?
• What if my doctor gives me a report?
• Should I send anything to the Social Security Administration?
• Will I have to fill out any additional forms?
• Will SSA ask me to see one of their doctors?
• What will my lawyer do to represent me at this stage?
• Should I call my lawyer whenever I see a doctor?
• When should I call my lawyer’s office?
• After a hearing is held, how long will it take to get my benefits?
• How are attorney fees paid?

How long after I apply will it take for Social Security to issue a decision?

In classic lawyer’s language, all we can tell you is “It depends.” Some initial or reconsideration decisions are issued in less than a month, but it usually takes three to six months for each of those steps. On occasion, in special kinds of cases, we may be able to focus Social Security’s attention on why your claim should be granted early, at one of these early stages. While you are welcome to call us before you apply or while you are waiting for an initial decision from Social Security, claimants at the very beginning of the claims process may be granted benefits on their own. Consider contacting a lawyer once a dispute with Social Security arises and you want legal representation.

Most claimants who are not granted benefits right at the start must endure the hearing process. At this third stage, when we request a hearing before an Administrative Law Judge (ALJ), it commonly takes over a year to get a hearing. The Cleveland Office of Disability Adjudication and Review warns that claimants who ask for a hearing can expect to wait 16-18 months before one is scheduled. The Cleveland ODAR tells us it is processing over 11,000 cases at any one time, including hundreds of “dire need” cases in which a person is suffering from a terminal illness or is about to be evicted or lose the family home to foreclosure.

In short, disabled claimants in Northeast Ohio must prepare themselves to wait over two years from the time they apply for benefits before they actually see a check. While no lawyer can guarantee that a given case will stand out from the rest or be taken out of turn, we try, in appropriate cases, to show the Bureau of Disability Determination in Columbus or the Office of Hearings and Appeals in Cleveland or Toledo why they should look at your case right now and grant benefits early in the process.

What should I do if I get a denial notice?

Don’t give up. Decide whether you are going to seek legal representation, and if possible, contact a lawyer before you appeal. This helps your lawyer to gain access to your Social Security file in time to use that information and bolster your appeal. If you already have a lawyer, make sure we have a copy of the denial notice. In general, once you have a lawyer, Social Security is supposed to send both the client and the appointed lawyer a copy of any notices. On occasion, Social Security fails to send us a copy of the decision. Aware of the deadline in your case, we will appeal the denial for you.

Do I need to get medical records or reports for my lawyer?

No. You don’t have to get any medical records or reports yourself unless we ask you to do so. Sometimes, it helps for you to take an assessment form with you to your doctor’s appointment. Otherwise, we will be working to gather your medical evidence periodically.

What if my doctor gives me a report?

If you happen to get a paper such as a disability form completed by your doctor for Medicaid, health insurance, long-term disability insurance, or Worker’s Compensation or Veteran’s benefits, be sure to send us a copy so we can use it as evidence in your Social Security case.

Should I send anything directly to the Social Security Administration?

No. Once you have appointed a representative, as a rule, do not call or send anything to the Social Security Administration on your own. You have hired a lawyer to deal with Social Security for you, and it is best to let the lawyer run the case. Two exceptions: You may sign and send back medical release forms that come from Social Security in the early stages, and you may complete and return the hearing-stage forms about your prescription drugs and work history.

Will I have to fill out any additional forms?

Probably. Sometimes SSA will ask you to complete a form about your daily activities or your symptoms. If you want to talk with us about a form, please call us. If you do not need help in filling out the form, remember the following: Be truthful. Don’t exaggerate, but don’t minimize your problems either. Include plenty of details and examples that show your limitations. Complete all forms right away and return them to the SSA, even if it seems that you have already given them the information before. Ignoring mail from Social Security may well stall the progress of your case. Send us a copy of your completed form if you can.

Will SSA ask me to see one of their doctors?

Sometimes SSA will ask you to see a doctor who is paid by SSA for what they call a “consultative examination.” Unless SSA changes its practices, you will have to arrange for your own transportation to the exam. The exam may or may not be as thorough as when you visit your treating doctor. As with filling out forms, be truthful about where you hurt or what bothers you about your condition, without overstating or understating your problems. Again, if you get a notice to go to a consultative examination, please call us to make sure we know about it.

What will my lawyer do to represent me at this stage?

Our legal team strives to relieve you of some of the stress of pursuing your claim for benefits and to find effective ways of convincing Social Security to grant you your benefits as early in the process as possible. We assess the strength of your claim, then gather and submit medical evidence and legal arguments based on the medical and vocational regulations that govern these claims. Whether we are contacting your doctors for medical reports or contacting Social Security for the status of your case, our goal is to monitor and promote the progress of your case, make sure it is not ignored, and make it as strong as it can be when it comes time for Social Security to make its decision.

Should I call my lawyer whenever I see a doctor?

No. You don’t need to call us about routine medical care. But keep track of the dates of all medical treatment from now on. We will gather this information from you when your hearing date approaches, and in the meantime, we may ask you about your medical status from time to time.

When should I call my lawyer’s office?

You are always welcome to call our office whenever you have a question. Depending on the nature of your call, either Carol or Mary may be able to help you. Please do call us if:

• Your condition changes dramatically – for the worse or for the better
• Your doctor gives you a new diagnosis or course of therapy
• You start seeing a new doctor
• You are hospitalized
• You go back to work or stop a work attempt
• You get a notice from Social Security
• You receive an eviction, utility shut-off, or foreclosure notice
• You move, get a new phone number, or change your name or marital status

After a hearing is held, how long will it take to get my benefits?

Again, it varies. Depending on the judge assigned to hear your case (over which we have no control), and whether the judge requires additional evidence or another consultative examination, it can still take another several months after the hearing to know the results. Judges rarely rule “from the bench” on your disability claim, so you should not expect to leave the hearing knowing whether we have won or not. Even when we are confident that you have won, it can take another six months for the judge to issue a written decision and for Social Security’s payment center to process that decision and issue past-due benefits (lump sum or installments) and your regular monthly check.

How are attorney fees paid?

Social Security Disability and SSI claimants are a vulnerable class of people and are therefore protected by federal law as they pursue their claims. Whether we file an hourly fee petition or a standard contingent fee agreement, Social Security must approve any fee we charge you. We usually use the statutory, streamlined fee agreement process. (In termination or overpayment cases, you will have to make other arrangements, including fee deposits, since there will be no “past-due” benefits at the end of your case out of which to pay us.)

In some cases, Social Security withholds attorney fees from your check and pays us directly. In other cases, Social Security does not withhold our fee, and we depend directly on you to pay your legal bill. Many Social Security Disability lawyers prefer not to represent SSI claimants, but Hickman & Lowder considers the merits of your case regardless of which program will be providing your benefits.

When a client is unable to pay an hourly fee during the course of a case, lawyers may be allowed to arrange for a “contingent” fee, meaning the client only has to pay for the legal services if the lawyer wins the case. If the lawyer cannot help you win your case, you have no funds to pay the lawyer, and the lawyer does not charge you for her work.

While the standard contingent fee agreement in a personal injury court case is often 33-40% of the recovery, the standard Social Security Disability fee at the administrative level is 25% of your retroactive or “past-due” benefits (including any family benefits) up to a maximum of $5,300. In addition, depending on the case, you may be responsible for expenses, including advances we have made on your behalf. Under Ohio law, Social Security claimants are not to be charged for copies of their medical records, but some doctors do charge to write expert opinions about your condition.

Cases that go to federal court are handled separately, and we may be able to make the federal government pay your attorney fees under the Equal Access to Justice Act.