Representing People With

Social Security Disability, Veterans Benefits

and Injury and Accident Claims

FAQ

1. How much does it cost to hire Jackson & MacNichol for my Social Security disability claim? How can I afford help? What does the disability attorney get paid?

Federal law regulates attorneys’ fees in Social Security disability cases. So, virtually every disability lawyer works on the same fee basis. The lawyer’s fee is 25% of the past due disability benefits you get. There is no fee if you lose.

2. If I applied but was denied, what should I do?

Now you file a written request for reconsideration within 60 days of the denial notice. After there are four levels of review: Reconsideration, Hearing, Appeals Council, and Federal Court.

3. My doctor says I’m disabled so why is Social Security denying my disability claim?

It is not up to your doctor to determine whether you are disabled. It is up to Social Security to make their own decision regardless of what your doctor thinks.

4. Why do I need a lawyer to help me? Why should I hire Jackson & MacNichol?

The Social Security disability system is laced with pitfalls and does involve thousands of different rules, regulations, and procedures. You can be denied benefits if your doctor doesn’t know the legal definition of disability. You can also be denied benefits if Social Security doesn’t receive enough evidence on your behalf. Your case can be dismissed altogether if an appeal is handled improperly.

Experienced attorneys, similar to the ones at Jackson and MacNichol, who know the Social Security system can help your doctor explain your disability to you, submit important supporting medical evidence, analyze each part of your Social Security file, prepare your testimony before a court hearing, and even cross-examine medical experts who may testify at your case hearing.

5. Is a person suffering from mental illness eligible for Social Security disability benefits?

Yes. Mental illness is a frequently used basis for getting Social Security disability benefits.

6. How long does it take to obtain my disability benefits once a claim for benefits is filed?

It can take approximately four months to receive a decision on your initial application. If your application is denied, it can take an additional year and a half to obtain a decision as your claim works its way through the appeals process. However, certain circumstances can shorten that time period, so let our attorneys determine if any are applicable to your case.

7. How long do I have to wait after becoming disabled before I can file for Social Security disability benefits? Do I need to file my Social Security claim quickly?

You can file for Social Security disability benefits as soon as you become disabled. From anyone suffering a serious illness or injury and is expected to be out of work for a year or more, you should not delay in filing a claim for Social Security disability benefits.

8. What is the biggest mistake that people make when trying to get disability benefits?

Failing to appeal. More than half of all claimants who are initially denied benefits do not appeal their case. Another critical mistake is failing to get medical care immediately. Medical records are your best defense and are your evidence in disability cases so it is essential that you see a doctor and continue to do go on a regular basis in order to chronicle the history of your disability.

9. Social Security said that I would be able to return to work. Should I wait to see if my health improves or should I appeal?

You have a limited time to appeal your initial denial – don’t wait to see if your health improves. Contact Jackson & MacNichol today. Let our experience help you win the benefits you deserve.

10. What are the important deadlines I need to watch?

INITIAL FILING — You need to apply for Social Security Disability benefits within a certain timeframe (usually five years) after you’re unable to work. However, every month that you wait will reduce the total amount of benefits. If you wait longer than five years to apply, you may not qualify for any benefits. We strongly recommend that you apply for Social Security Disability benefits as soon as you are unable to work.

APPEAL – The next important deadline is the appeal. If your initial claim is denied (and most are), you’ll have only 60 days from the date of your decision letter, to file an appeal with Social Security. If you don’t file an appeal within 60 days, you give up your rights to the appeal process. Even worse, you’ll have to start the application process all over again. We strongly recommend you engage an attorney to help you file your appeal.

FEDERAL APPEAL – If your claim qualifies for benefits, but has been denied on appeal, it can still be appealed outside the Social Security system by appealing in Federal court.

11. Does my age matter when trying to receive disability benefits?

Yes. The Social Security Administration looks at age as one of the factors when determining disability. The administration evaluates age as follows:

  • 18-49 is a younger worker
  • 50-54 is closely approaching advanced age
  • 55-59 is advanced age
  • 60-64 is closely approaching retirement age.

The Social Security Administrations rules take into consideration that as people get older, they become less adaptable, less able to switch to different jobs to cope with health problems.

12. I’m interested in talking with Jackson & MacNichol. What should I do next?

Contact our office today. We’ll arrange a consultation to determine whether you qualify for Social Security Disability benefits. If you do, we’ll help you start the proceedings for the best chance to win.

Contact Us

Jackson & MacNichol

Attorneys at Law

238 Western Ave.
South Portland, ME
04106

Call Us Today

800-524-3339

Start Your Disability Claim by Contacting Our Attorneys Get Started Now!

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