The dedicated legal team of Caputo & Mariotti
Social Security Benefits and Your Injury
After sustaining a work injury, automobile accident injury, or an illness, you may be out of work for an extended period of time. You could possibly be eligible to collect Social Security benefits, as they are not only for retirement but disability as well.
What Determines Whether a Person is Considered Disabled?
Disability is determined if you have either a physical or mental condition that prevents you from engaging in in any substantial gainful employment and the condition is expected to last for 12 months or more, or could even possibly result in death. However, you don’t have to be out of work for 12 consecutive months before applying for Social Security benefits, as long as you expect to be out of work for at least 12 months.
How and When Should a Person Apply for Social Security Disability Benefits?
We encourage people to apply for Social Security benefits on their own either by calling 1-800-772-1213, visiting their local Social Security office, or on the web at www.ssa.gov. Most Social Security claims are disapproved on the initial application, and many people are under the misconception that one has to apply three times before being able to receive benefits. This is not correct.
What if the Claim is Denied?
After you receive a notice of disapproved claim, our office can assist you in appealing the decision by requesting a hearing. This must be done within 60 days of the date of the notice of the disapproved claim. We will file the necessary forms and submit the appropriate medical records and reports on your behalf and prepare you for the hearing, attend the hearing and cross-examine any adverse government witnesses.
It’s not easy to overcome the issues behind your denial at the hearing.
Many clients after seeing that Social Security reviewed their medical records feel that there are no other alternatives but to give up, or concede. However, during cross-examination of the Social Security Administration witnesses, many times the witness will admit to factors which will allow the client to qualify for social security such as the client’s inability to maintain a regular schedule or the client’s lack of any other training in other transferable fields.
Does the Client Have to Come Up with Money Out of Pocket to Pay for Representation?
No. The social security administration sets the fees and they are capped. Because there are no out of pocket expenses for this, we highly recommend that anyone who is no longer able to work to apply for Social Security disability benefits on their own and contact Caputo and Mariotti in the event that they are denied.
If you’ve been unjustifiably denied Social Security disability benefits, contact Caputo and Mariotti today to set up a free consultation.