Social Security Disability is the part of the Social Security Program that provides disability insurance benefits to wage earners who become totally disabled to perform any work activity as a result of a medical impairment.

In order to qualify for social security disability, a disabled worker must have worked long enough and paid in enough social security taxes. As a general rule, a worker must have worked within the last five years in order to have paid in enough social security taxes to qualify for the program. However, if you have not worked consistently, or have not worked at all you may qualify for Supplemental Security income which covers individuals who are disabled but have not paid in enough social security taxes to qualify for social security disability.

To be eligible, an applicant for social security disability benefits must establish that he or she is completely unable to perform any work within the national economy as a result of a medical impairment.

The standard for medical disability is a high standard and is often difficult to meet. Social Security does not consider whether a particular employer has turned you down for a job. It will not consider the fact that employers in your particular region are not hiring for the type of work you are accustomed to doing.

After filing an initial application for disability benefits, a division of the Georgia Department of Labor, the Disability Adjudication Section, decides your case. Unfortunately, applicants for social security disability are subjected to a long and protracted bureaucratic appeals process. Many social security disability claims take over a year to resolve. This occurs whether they are legitimate or not.

In Georgia, studies have shown that approximately 67% of initial applications are denied. An applicant then can file another appeal, a request for reconsideration. Approximately 85% of these appeals are denied. Denials are usually based upon the supposed lack of medical disability.

After the reconsideration phase, an applicant can file for a hearing before an Administrative Law Judge. The file is then transferred to the Office of Adjudication and Review. An Administrative Law Judge will conduct a face-to-face hearing with the applicant and give the applicant a thorough review of his or her case. The Administrative Law Judge will write a detailed decision with a well-reasoned analysis of the facts and assessment of the credibility of the claimant. Approximately 60% of the claims that are appealed from the state agency are then reversed on appeal.

The hearing before the administrative law judge is critical for the social security disability applicant. If the case is denied at that level, months, and often years of appeals will follow.

Social Security's rules and regulations for deciding disability are extremely complex and the factors applied in assessing credibility are full of nuances. You must have patience and be willing to persevere. Most applicants are well advised to have counsel with them at the hearing to assist in the presentation of their case. It is vitally important the counsel have the necessary experience and knowledge of Social Security law and procedures.

Keith Pflepsen of Woodall and Pflepsen P.C. handles Social Security Disability cases, and has more than fifteen years experience at all levels of the disability claims process, including administrative and Federal Court Appeals.

Frequently Asked Questions

• How do I hire an attorney for my Social Security Disability Claim?

• If you are interested in hiring an attorney please call us at 229 883-2621 and you will be directed to the assistant for Mr. Pflepsen, who handles Social Security Disability Claims. She will take some background information on your address and telephone number, your health problems, when you last worked and if you filed a claim.

  Woodall and Pflepsen P.C. will contact you to set up an appointment. You will receive a letter explaining what you need to bring in to the appointment. Mr. Pflepsen will discuss a your claim with you. There is no obligation to hire an attorney. Mr. Pflepsen will discuss your chances of success, the Social Security Disability appeals process and the eventual Administrative Law Judge hearing. If you have been denied, then Mr. Pflepsen will immediately assist you by filing the appeal online with the Social Security Administration. Mr. Pflepsen also assists with filing first applications. If your case has been denied, Mr. Pflepsen will advise you that the overwhelming odds are your case will be denied again at the reconsideration level. Legal representation is highly recommended after a denial of benefits, but the choice is yours. He will discuss all aspect of the fee for representation and what actions he will take on your behalf. Unfortunately, he must also advise you to expect a long wait time.

• What does it cost me to hire an attorney in my social security claim?

• The attorneys fee for representation in a Social Security Disability (or SSI) Claim is 25 percent of the retroactive benefits paid in your claim (back pay benefits). The attorneys fee is all governed under the Social Security Act and Federal Regulations and any fee must be approved by the Social Security Administration.

  The fee is a contingency fee, meaning there is no money due up front. No fee will be collected unless you win your case. Mr. Pflepsen has the right to collect for out-of-pocket expenses under the fee agreement. However, he customarily includes the out of pocket costs in the 25 percent barring any out of the ordinary expenses.

  Under the Georgia Rules of Professional Conduct, I am required to provide the following information: Contingency Fees and "No fee unless you win" refers only to those fees charged by attorneys for thier legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

• Are all representatives attorneys? Do I need an attorney?

• There are thousands of companies in the United Stated providing representation to Social Security Disability applicants. Long Term Disability carriers who are primarily concerned with collecting overpayments of long term disability benefits may attempt to appoint you a representative. A search on the internet will reveal an entire industry of representatives all promising to help with your claim.

  Many representative are not attorneys, even though they likewise charge a fee for 25 percent of the retroactive benefits. However, non-attorney representatives do not have formal legal training or a law degree from an accredited law school. They are not members of the State Bar.

  There are many very reputable non-attorney representatives. However, in view of the complexity of the Social Security Regulations and Statutes, non-attorney representatives simply do not have the legal analysis capabilities of formally legally trained attorneys. This difference becomes paramount at the appeal level. If an Administrative Law Judge denies a claim, then an appeal is filed with the Appeals Counsel in Falls Church, Virginia. The higher the case goes up the appeal chain, the more law and regulatory intensive the treatment of the case. Advocacy skills at this level require the sharpest issue recognition ability and the presentation of methodical, logical, legal arguments. An appeal may be necessary at the United States District Court. Non-attorney representative are not qualified to be admitted to the Bar of the District Court.

  One serious mistake that Social Security Disability applicants make is hiring a representative from a far off region of the country. Effective representation of Social Security Disability applicants hinges on a lawyers reputation with the Administrative Law Judges (ALJ) that will decide the case. The ALJ's for Social Security work out of offices located around the country that service designated geographic regions. The regular working relationship and reputation of your attorney with that office and its Judges is vital. Also, a good working relationship with local health care providers is critical to gathering evidence and obtaining crucial opinion letters and assessment forms from physicians. Mr. Pflepsen has been horrified to hear stories of applicants who hire non-attorney representative from across the country that they have never met! Typically, the service is beyond poor, as the applicant cannot get the representative on the telephone half of the time. The representative has no knowledge of the Judges who will decide the claim or any working relationship with the local physicians. Such representatives have little at stake for their reputation or accountability in the region that you live. Typically, the representative flies in the day of the hearing having never interviewed the applicant face-to-face. In the opinion of Mr. Pflepsen, this is not the representation that people deserve who have paid in Social Security their entire lives and need help. Mr. Pflepsen will meet with you personally, and has presented cases to the Judges in your region for almost twenty years.