"Social Security Disability"

BACKGROUND

John Martin Smith has been representing clients in Social Security Disability Appeals for over ten (10) years. He devotes about forty percent of his practice time to this area of the law. Clients come to John Martin Smith from many counties in Indiana and several counties in Ohio. He has about one hundred active cases at any given time. He has a very high success rate in appeals before Social Security Administration law judges.

IS A LAWYER NECESSARY?

We encourage claimants to file their claims with their local Social Security office. Many claimants come to the Auburn office at 1240 South Grandstaff due to its ease of access in a low traffic area. A claimant can file at any office.

If the claim is approved, a lawyer is not necessary. If the claimant is denied at the first stage, it is best to consult counsel for the next two stages.

WHAT ABOUT FEES?

Attorneys representing claimants may charge a contingent fee from back benefits awarded with a maximum of $5,300. These fees are deducted from the back benefit award before a check is sent to the claimant. There is no fee upfront. If the appeal is not successful, the attorney receives no fee, but may require reimbursement for out of pocket expenses.

HOW CAN AN ATTORNEY ASSIST A CLAIMANT?

John Martin Smith is well versed in the laws, regulations, and cases pertaining to Social Security Disability. While a claimant may be clearly disabled, it is necessary to obtain the documentation necessary to satisfy the Social Security criteria. Mr. Smith also prepares a Brief to submit to the Administrative Law Judge illustrating and documenting why the claimant's situation meets the criteria. He will also prepare the claimant and witnesses for the hearing. He also accompanies the claimant to the hearing and represents he or she before the judge.

Often there are collateral areas which must be addressed. For example, there is sometimes an onset issue. Social Security is like an insurance policy. One obtains coverage by paying Social Security tax through employment or self-employment. If a person has not worked for some time, coverage may have been terminated at an earlier date. Then it becomes necessary to establish the disability as of the earlier date-not the present date. Mr. Smith will recognize and address these issues. (NOTE: A claimant could be eligible for SSI regardless of coverage, but there are related issues of total assets, spousal income, etc.)

RELATED ISSUES

Often there are issues other than Social Security Disability affecting the claimant. Examples would include Medicaid coverage and short term or long term disability insurance coverage through an employer. Also, some disabilities are a result of workplace injuries which may make a claimant eligible for workmen's compensation. Smith & Smith generally do not handle workmen's compensation but co-ordinate with other attorneys as to such issues. Generally, representation in other areas is not covered by the Social Security contingent fee but we work with clients as to fees.

HOW DO I GET STARTED?

The following steps are usually followed:

  • Make an appointment with us.
  • Meet with John Martin Smith and an assistant to gather initial information and to sign various forms.
  • We file an "Appointment of Representative" and "Fee Agreement" with Social Security Administration. This advises the Social Security Administration that the claimant is represented by counsel so that all communication is sent to both the claimant and us.
  • We evaluate the issues and frequently order additional medical or employment records.
  • If the claimant is at the reconsideration stage, we assist in the completion of forms.
  • At the Administrative Law Judge stage, we prepare the claimant and witnesses for the hearing, write a Brief for the judge, and accompany the claimant to the hearing.

Our office is easily accessed. If you need handicapped access, let us know when you make the appointment. If you cannot come to our office, we will come to you.

WHAT IS THE CRITERIA?

Very generally a person who is under fifty (50) years of age, must be unable to perform any "substantial gainful activity" on a regular eight hour per day five days per week, regardless of their past employment. For example, if a person was a truck driver, was unable to continue that employment, but could work as a janitor, they would probably not be eligible for Social Security Disability. A difference in pay is irrelevant.

A person who is over fifty years of age must be unable to perform the duties of their past regular employment on a regular eight hour per day five days per week basis. For example, if a person over fifty years of age was a truck driver but cannot drive a truck due to their disability, they may qualify.

Social Security regulations have a system of "Grids" which provide that, if a person meets certain criteria, they are automatically awarded disability. If a person does not meet the criteria of a "Grid," then a four step evaluation is made.