Can I receive workers’ compensation and Social Security disability benefits at the same time?

Yes, it is possible, though not in every situation.  Social Security disability benefits are reduced by workers compensation benefits through a very complicated formula.  The formula is based upon a calculation of your weekly workers compensation payment rate (minus certain excludable expenses, such as workers compensation attorney fees) and your “average current earnings” (a figure calculated by Social Security based on your Social Security-covered earnings history).  An experienced Social Security disability attorney will know how to calculate the offset and advise you as to whether you are eligible to receive both Social Security disability and workers compensation benefits.

I am disabled and cannot work, but I have money in both a savings account and a retirement account, I also own my home, and my spouse works. Can I still qualify for disability benefits?

Yes you can.  Social Security disability benefits are not paid based upon being in poverty.  You can literally have unlimited amounts of savings and unlimited amounts of income from a working spouse and still be eligible.  The only type of income which disqualifies you from receiving Social Security disability benefits is earned income that you receive from working.

How are you regarded among your peers?

I periodically am asked to speak at national conventions, where I teach other attorneys how to work Social Security Disability cases. In addition, I’ve also been asked to speak to and answer questions from local chapters of national advocacy groups, such as the National Multiple Sclerosis Society and the National Alliance on Mental Illness (NAMI).

How will you build my case?

The first step is to read the denial letter explanation page- there are clues in there that tell me what Social Security doctors think about your condition or why you were denied.  Then we will discuss in great detail your medical conditions, your medical treatment, what type of work you’ve done, what current evidence you have that is good, and also identify what needs to be done.  I will then develop a custom game plan to win your unique disability claim, tailored to your situation.  I then ask you to execute your part, and I start doing the legal work to win your claim.

Will I meet with you before my hearing?

Yes, we will absolutely meet face-to-face.  One important strategy for winning a disability claim is to develop a specific plan to win; after all, if you fail to plan, then you have planned to fail!  I also want us to meet because we work together as a team to win.  I also meet with you before your judge hearing so we can strategize for your hearing.  We’ll go over how to answer tough questions from the judge, what parts of your condition to emphasize, to discuss the judge’s likes and dislikes, etc.

What do you do besides social security law?

Nothing. I spend 100% of my time on disability law.  If an attorney chooses to just dabble on the side in disability law, then that attorney will be left with very, very limited working knowledge and expertise of this difficult area of law. This kind of work is too complex and too important to hire someone that has limited expertise. This is why I dedicate all my time, all my effort, and all my work specifically to disability law.

How much are the attorney fees? How does the attorney get paid?

Attorney fees on all disability claims (whether for SSDI or SSI) are contingent upon winning the claim.  That means that if you don’t win your claim, then there are ZERO attorney fees.  If your claim is granted, then Social Security sets fees as the LESSER of 25% of past-due benefits or $6,000, while all monthly benefits go just to you.  As an example, if we win your claim and get you $8,000 in past-due benefits, then the attorney fee would be $2,000, and you get $6,000, plus all monthly benefits go 100% to you.  If we help you win your claim and get you $40,000 in past-due benefits, then the attorney fee is capped at $6,000, you would get $34,000, and all monthly benefits go 100% to you.

What are the application and appeal stages? What is the average wait time? What are my chances of winning?

The chart below shows this information:

Stage

Wait Time

Average Win %

1- Initial Application3-6 months33%
2- Reconsideration Appeal3-6 months12%
3- Administrative law hearing10-12 months40-50%, but highly variable, depending on the particular judge
4- Appeals Council12-16 monthsRemands (another chance at a hearing) occur 13% of the time; awards (where the Appeals Council outright grants the case) occur 1% of the time; the other 86% of cases are either dismissed or denied
5- Federal CourtvariableRemands (another chance at a hearing) occur 45% of the time; awards (where the federal court judge outright grants benefits) occur 2% of the time

 

Each time the claim is denied through Step 4, then within 60 days an appeal must be filed with your local Social Security office.  Also, at Step 3, administrative law hearings are held at a local Office of Disability Adjudication and Review (ODAR).  In North Texas, there is one ODAR in Fort Worth, one in downtown Dallas, and one in North Dallas.