Why should I hire the lawyers of McCarthy & Murphy, P.C.?

• Statistically, claimants that are represented by an attorney are more likely to win their claim.

• Our attorneys personally conduct your initial consultation and are available to you directly throughout the course of your case. You will know at your very first appointment which of our attorneys will be handling your claim and we will work closely with you to present the very best case on your behalf.

• Our experienced attorneys know what proof the Social Security and SSI disability system requires.

• All aspects of your case including complicated paper work will be handled cheerfully and professionally by our experienced staff.

• We understand that no one chooses to be disabled and that the disability application process can be very stressful, frustrating and frightening. We treat all our clients with dignity and respect as we work through this difficult process.

When should I hire a lawyer?

Your Social Security Disability or SSI Disability Claim can be handled at any stage in the process including application and appeals, although generally we do not get involved until the client has been denied at the initial consideration level. There are no attorney's fees unless we win your case and you collect benefits.

What will a lawyer do to help with my case?

• Provide you with a thorough evaluation of your Social Security Disability or SSI claim.
• Obtain from Social Security the benefit amount you can expect to collect.
• Act as your liaison with the Social Security Administration.
• Help you complete and process all paperwork and applications for your disability claim.
• Investigate all medical documentation and obtain additional reports for your Social Security Disability or SSI Disability Claim.
• Prepare you for any Social Security required hearings.
• Make sure you receive all the Social Security Disability and/or SSI Disability benefits you are entitled to.

What does it cost to hire a lawyer?

On disability claims (rather than cessation of benefits cases), fees are only collected after you have received your benefits. Lawyers receive 25% of the back benefits up to a certain amount which has been set by law—presently $5300. No fee is charged if your social security disability claim is not successful.

What kind of benefits am I entitled to?

There are several kinds of disability benefits for which a person can be eligible. Depending on the facts, you may be entitled to one or more of these benefits. Medical listings are the same for all categories; the non-medical requirements are different for each category.

A. Disability Insurance Benefits (SSDI)
You are only eligible for these benefits if you have paid a certain amount of Social Security tax over a period of time (enough to have disability insurance coverage in force). You must have worked and paid Social Security tax for approximately five out of the last ten years before you became totally disabled. There is a different, easier rule for people whose disability began before age 30. Everyone must prove that he or she became disabled while disability insurance coverage was in force or they are not entitled to benefits, regardless of how serious the medical condition is now. If your SSDI claim is approved, the monthly payment you will receive is set by your earnings (and Social Security tax payments) during your working career. There is no minimum rate, and the maximum a person can receive at this time is about $2000 per month. There is a cost-of-living raise in the monthly payment at the start of most years. In many cases, your dependent children will also get benefits in addition to your own.

B. Supplemental Security Income (SSI)
SSI can be paid whether or not a person has paid enough Social Security tax to get disability insurance benefits. You must be disabled under the same rules as for disability insurance, be blind, or be over 65. You must also have very little income or property because this benefit is based on financial need. Social Security looks at all other income and property in the household you live in, not just your own, and also the value of any support you may get from others, to determine whether you are financially eligible for SSI. Some children 18 or younger with a severe disability can get a monthly benefit if their family income is low enough.

C. Disabled Widow/Widower Benefits (DWB)
This is a special disability benefit for certain widows and widowers, based on the Social Security tax paid by his or her deceased spouse. In order to qualify, you must be between the ages of 50 and 60, and have been married for at least 10 years to the person who was covered under Social Security at the time of his or her death. Also, you must have proof that your disability was severe enough to meet these rules within seven years of your spouse's death, with some exceptions for those already receiving other kinds of Social Security Benefits. If you are awarded DWB benefits, your monthly rate is determined by your spouse's income and Social Security tax payments. However, a surviving spouse's pension can usually be paid at the age of 60, regardless of any disability.

D. Disabled Adult Child Benefits (DAC)
In order to be eligible, you must be a child of a person already receiving Disability Insurance Benefits or Retirement Benefits, or who died while covered by Social Security. You must be at least 19 years old, and you must prove your total disability began before the month you turned age 22, and is continuing. You must not be married unless to another disabled person. The monthly benefit rate is based on a percentage of your parent's rate. Therefore, it is different in each particular case.

What is the definition of “Disability?”

The standard of disability to be proved is the same for both SSDI and SSI programs. The individual must have physical or mental problems (or a combination of problems) severe enough to keep him or her from working in any regular paying job ("substantial gainful activity") for at least 12 consecutive months. The test is not whether you would be offered a job, but whether there are jobs available that you could perform. For those over 55 years old, the regulations allow a more realistic look at age, education, and experience in applying this test.

THE CLAIM PROCESS:

1. Application
For either SSDI or SSI, the disabled person (the "claimant") should file an application for disability benefits at the local district Social Security office.

2. Denial
You should expect your application to be denied. Do not be discouraged. We estimate that 80 to 90 percent of initial applications are denied. We will discuss the circumstances of your case with you, and give you an opinion on the merits of your claim. The earlier we can start working on your case, the better chance we have of being successful.

3. Reconsideration
If you are denied on your initial application, you must file a "request reconsideration" with the Social Security office within 60 days of your denial. After approximately one or two months, your claim will probably be denied for the second time. Again, don't be discouraged. The next step is the appeal hearing. This is where you have the best chance to win.

4. Preparing the Appeal
The most important service this office provides is making sure you have the right kind of medical and other evidence to give a true picture of your condition. At all times leading up to your hearing it is vitally important that you continue with your medical treatment, that you keep all appointments and that you take all medications as prescribed. Make sure you tell your doctors about all of your symptoms so that this gets recorded in their notes.

We will make sure that all of your relevant medical records are in the Social Security file and will ask your doctors for reports designed to provide the precise information which Social Security requires to evaluate your case.

5. The Hearing
The Social Security hearing you have requested is called an "administrative hearing." Although testimony is taken under oath, strict rules of evidence do not apply and, in general, the hearing will be much less formal than a court hearing.

An Administrative Law Judge conducts the hearing from the Office of Hearing and Appeals of the Social Security Administration. The Judge's job is to make an independent, unbiased decision based on the evidence in your case. This evidence consists of medical records and other documents and testimony at the hearing.

Both the Judge and your attorney will question you about your disability. Because all testimony is recorded on a tape recorder, it is necessary that you speak clearly when you answer.

The hearing is private and is held in a small conference room. The only people present will be the Judge, the Judge's assistant, you, your attorney, and any witnesses you may want to be present. Sometimes the Judge may ask a "vocational expert" to testify about your ability to work. Most Social Security hearings take less than one hour to complete.

6. The Decision
The Judge will not generally announce a decision at the hearing, although we can sometimes tell from the general atmosphere of the hearing whether it appears that the decision will be favorable. The written decision will be sent to you and to this office within 4 to 8 weeks.

If the decision is favorable, you will receive your first check with lump-sum retroactive benefits in approximately 8 to 12 weeks after the date of the decision.