Binder& Binder® The National Social Security Disability Advocates®
 
The Social Security Disability ( SSD ) program is one of our government’s best kept secrets. Social Security is an involuntary national insurance policy. A certain amount of money is taken out of your pay check every week (your FICA taxes) to cover benefit payments and Medicare when you reach retirement age, or if you become disabled. Almost everyone knows about the retirement function, and it’s one of the better run government programs. Almost nobody knows about the disability function of Social Security. And the government isn’t doing anything to tell you about its secret.
 
Let’s make this clear right now: If you work long enough at a job which is covered by Social Security and you become disabled you are probably eligible for Social Security Disability ( SSD ) benefits. 
 
According to the Social Security Administration, a “Disability” can be physical or emotional, or some combination of both. In order to win benefits you must have a disability severe enough to keep you from working in any regular paying job for at least 12 consecutive months. 
 
The test for eligibility is not whether you can go back to a job you’ve lost. Nor is it whether you’ve been able to find a job recently. The test is whether you are physically and emotionally capable of doing a job that is generally available in the every day workplace.
 
Furthermore, to obtain your Social Security Disability benefits you must have a doctor state that you are disabled “by medically acceptable clinical and laboratory findings.” Unfortunately many genuinely disabling conditions are difficult to diagnose by objective testing.
   
The government has made the Disability process extremely difficult and time consuming. People who are legitimately disabled are routinely denied. Long lines and complicated forms are the rule. And many people who deserve benefits become so discouraged and intimidated that they simply give up and go away.
 
And many more people who deserve benefits don’t know they’re eligible because they’ve never even heard about the Disability part of Social Security. Even worse, many people have Social Security Disability (S.S.D.) confused with welfare, and they’re too proud to apply.
 
The simple fact of the matter is that getting the government to award your Social Security Disability ( SSD ) benefits is a hard job. But we’re good at it. Over the course of more than 25 years, Binder and Binder® has become “ America’s Most Successful Social Security Disability Advocates.”® 
 
Your FICA taxes pay for both your Social Security Retirement benefits and your Social Security Disability ( SSD ) benefits. Almost everybody knows Social Security helps workers when they reach retirement age. But for too many disabled workers, their Social Security Disability ( SSD ) benefits are still a government secret.
 
This is one secret that every hard working American needs to know, and we tell it every day on national television and radio. In our commercials, Charles Binder says, “We’ll deal with the government, you have enough to worry about.” That’s a powerful statement, and we back it up every day. Nobody intimidates our clients. Not even the government.
 
 
If you need to know more about your Social Security Disability ( SSD ) benefits you’ll find us in this website. Or if you call Binder and Binder at 1-800-66-BINDER, you’ll have your questions answered quickly and accurately by a live person. That’s how we treat our clients. Like people. Which is one of the reasons we’ve become “America’s Most Successful Social Security Disability Advocates.”®. 
 
Here are some questions that we get all the time. Most questions require particular information about you in order to accurately answer them. The answers provided here are as they would generally apply to the average person and therefore may not absolutely apply to your particular circumstances. At Binder & Binder®, if we represent you, we will make sure that we apply the law as it pertains to you and your particular fact pattern.

When is a person considered disabled?
A person is considered disabled if he has a physical, emotional, or combination of conditions that render him unable to work, considering his age, education and past work history. The condition must have or be expected to last one year or to result in death.
What is the practical definition of disability?
A disability is any medical condition that prevents you from working on a regular full-time job for at least 12 months.
When should I apply for Social Security Disability?
You should apply for Social Security Disability as soon as you and your doctors agree that your disability is going to last a full year. You are not eligible for Social Security Disability if your condition doesn’t last a full year so many people have to wait for a while to see what happens with their medical conditions. Others, who have been struggling to work in spite of their disability and know the condition is not going away, should apply as soon as they stop working.
Are there retroactive benefits?
When you apply for Social Security Disability, you may get retroactive benefits going back one year so that if you apply within that year you will not lose benefits. In fact, there is a five-month waiting period so you can safely apply without losing benefits up to 17 months after you stop working.
When should I apply for Supplemental Security Income (SSI) benefits?
You should apply for Supplemental Security Income ( SSI ) benefits as soon as you become disabled. Unlike Social Security Disability, there is no retroactivity prior to your application so the sooner you file the safer you are.
I applied for Supplemental Security Income (SSI) but now I’m told I should have applied for Supplemental Security Income ( SSI ) and Disability. Is there any way to fix that?
Generally, a Supplemental Security Income ( SSI ) application will be considered an application for any program you might be eligible for under that Social Security number. Therefore, if you apply for Supplemental Security Income ( SSI ) and by mistake don’t apply for Social Security Disability ( SSD ) , generally the Supplemental Security Income ( SSI ) will be considered a protective filing date. It is always safest to apply for both programs.
I applied for Social Security Disability ( SSD ) and now I’m told I did not meet the earnings requirements and should have applied for Supplemental Security Income (SSI). Is there any way to fix that?
Generally, the government will accept an application for Social Security Disability ( SSD ) as an application for Supplemental Security Income ( SSI ) as well. It is always safest, however, to apply for both programs.
What are the requirements for Social Security Disability ( SSD )?
To be eligible for Social Security Disability, you must not be working, have a disability that is expected to last or has lasted 12 months, and meet the earnings requirements at the time you became disabled. To meet the earnings requirements, you must have been fully insured (worked most of your life,) as well as having worked five years out of the last ten when you became disabled. The concepts of fully insured and “specially insured” (5 years out of the last 10) are very complicated but would be reviewed by Binder & Binder when we filed your application.
I’m 23 years old and have worked only since graduating college when I was injured in a car accident. What program am I eligible for?
The earnings requirements for people under 31 are proportionately less, so someone who is 23 may be eligible even if he’s only worked a few years. Depending on financial need, you might also be eligible for Supplemental Security Income.
I was negligent in the car accident. Does this make me ineligible for Social Security Disability ( SSD )?
No. Fault is not an issue in Social Security Disability ( SSD ).
What are the requirements for Supplemental Security Income (SSI)?
In order to be eligible for Supplemental Security Income ( SSI ) , you must either be over 65 and impoverished or be disabled and impoverished. Generally, if you are eligible for welfare, you are eligible for Supplemental Security Income ( SSI ) . In states without welfare, you must either have no income or income that puts you below the federal poverty level, and little or no redeemable assets.
How can I apply for Social Security Disability( SSD ) or Supplemental Security Income (SSI)?
Anyone can go to the local Social Security office and apply in person. You can now apply for Social Security Disability ( SSD ) online but you cannot yet apply for Supplemental Security Income ( SSI ) online. The best way is to contact Binder & Binder and have us apply for you because this way we make sure that you are accurately stating the information Social Security needs to process your case and are not leaving anything out or giving the wrong answers to tricky questions.
When can I hire Binder & Binder®?
You can hire us at any stage of the proceeding. We will file the application for you, but if you do that on your own, we can pick up the case at any time throughout the administrative proceeding. The more time you give us to work on your case, though, the better chance you have of winning. Our fee will be the same whether you give us ample time to win or you don’t.
How can I make the application process go faster?
You can help by providing the following documents immediately:
Social Security numbers and proof of age of each person applying for benefits including any children under 18 who might be eligible for benefits.
Names, addresses and phone numbers of doctors, hospitals, clinics and institutions that treat you and dates of treatment even if you are no longer going there, as long as this information relates to your disability.
Names of all medications you are taking.
Medical reports you already have from your doctors, therapists, hospitals, or clinics.
A complete work history including who you worked for, what type of job you performed, and what were the physical and emotional demands of that job.
I have applied for disability and been turned down. How long do I have to appeal?
Generally you have 60 days to appeal any denial of benefits. You can appeal a denial the same way that you file an application by either doing it in person or by mail. If you mail it we recommend you mail it certified so the government cannot deny that you filed it on time. Of course, if you were a client of Binder & Binder, we would file the appeal for you. It is always a good idea, however, to let us know if you’ve been denied benefits because sometimes the government fails to send us a copy of the decision.
How many stages are there in Social Security?
There are at least four. There is the initial application stage. You have 60 days to appeal after denial. Most people are denied at the initial application. In many states, there is a reconsideration stage. The Commissioner of the Social Security Administration has proposed a second stage not called reconsideration but which essentially performs the same function. Again, after that decision, you will have 60 days in which to appeal. The third stage is the most critical. It is the hearing stage. This is where you meet the Administrative Law Judge. If you are denied at a hearing, you have 60 days to appeal to the Appeals Council, though the Commissioner is trying to abolish that. If you lose at the Appeals Council, you have the right to file in federal court though generally that is extremely difficult and cannot be done realistically without an experienced lawyer.
I was denied for benefits recently. Should I appeal or just file again?
If you file again, you may wind up not getting as much benefits as if you appealed the decision. It is generally better to appeal rather than to refile. There are some times, however, particularly after denial at the hearing that you may want to do both, especially if there is some new medical proof that makes your case stronger than before.
What makes a case strong?
The best cases are those where the medical evidence is extremely strong. In particular, the strongest cases include narrative reports by your treating doctors.
Can someone win Supplemental Security Income and not win Social Security Disability?
Yes, and it happens quite often. Remember, for Social Security Disability ( SSD ) , you must also meet the insured status. Many people whose insured status has expired because they haven’t worked recently can get Supplemental Security Income ( SSI ) if they can prove a recent disability. You can also get disability and not get Supplemental Security Income ( SSI ) . Frequently a person’s Social Security Disability ( SSD ) monthly benefit is too high to be eligible for additional Supplemental Security Income ( SSI ) benefits (remember it is called “Supplemental Security Income”). If you are not impoverished, you are never eligible for Supplemental Security Income ( SSI ) , even if you are disabled. Many people can receive both. The definition of disability is the same for Supplemental Security Income ( SSI ) and for Social Security Disability ( SSD ) and the appeals process is the same for both.
Why should I contact Binder & Binder® rather than my local attorney?
Binder & Binder® is The National Social Security Disability Advocates®. We win more cases than anyone else in the country. I have personally handled over 10,000 hearings, and my colleagues in this company have handled tens of thousands more. We have a huge team of highly trained people who work on these cases. It’s very unlikely that your local representative has the experience or staffing to fight the government as well as we can.
How are you paid?
Our fee is usually 25% of the past-due benefits but we only get paid if we are successful. In most cases, our fee is capped at $5300. This cap is set by the Commissioner and is always subject to change. We send each client a booklet explaining in detail exactly what our fees are.
What are the hidden expenses if I hire Binder & Binder®?
There are no hidden expenses. The only expenses that any Binder & Binder client has are the cost of medical reports from their doctors. Outside of the rare federal court fees, there are no costs to file a Social Security Disability ( SSD ) application. We don’t charge for phone calls, routine overhead, or our travel to the hearing, no matter how much it costs us.
If I get disability, will I be entitled to health insurance?
If you win Social Security Disability, you get Medicare twenty-nine months after your onset date or two years after the first date you were eligible for cash benefits, whichever is later. If you get Supplemental Security Income, you receive Medicaid effective the day you applied for Supplemental Security Income ( SSI ) . People with amyotrophic lateral sclerosis (Lou Gehrig’s disease) or those with end-stage renal disease are eligible for Medicare without the normal waiting period.
What evidence is used by the government to make a decision on a Social Security Disability case?
First they will see if you’ve worked long enough and are eligible. Social Security will then consider your age, your education, and your work history as well as all the medical evidence.
What type of evidence should my doctor be supplying?
The best report from a doctor is the same sort of report he would give if he were explaining your condition to other physicians. First, he should give a long history. What were the initial symptoms, when did they start, when did you start noticing them, when did they become significant? He should then mention what treatment he gave you and how well it has worked or not worked. He should give the diagnosis and the prognosis. He should explain the basis for the diagnosis and the prognosis; that is, how he made these determinations, what medical tests have been used, what laboratory findings are consistent with your condition. He should also describe what your clinical findings are, that is, what he finds when he examines you. Lastly, he should summarize the impact on your ability to work – how these conditions have affected your ability to function. He should describe whether they limit your ability to sit, stand, and walk, to lift, to carry, to work on a regular eight-hour-day basis. If it is an emotional condition or has emotional components, he should describe the impact of stress, working with others, working under deadlines, your ability to concentrate and deal with the general public or coworkers, to remember instructions and learn a job.
How long does it take to get an initial decision?
Each state has a separate state agency that is responsible for making the initial medical determination on a disability case. The amount of time depends on what state you are in. Generally six months is not unusual. In those states with reconsideration, reconsideration can also take six months.
I have been turned down and I have been told to apply for a hearing. How long will it take to get a hearing?
No one wants to believe this answer, but it is rare for you to get a hearing in less than one year. In some parts of the country, it takes two years to get a hearing and the average is well over one year.
Is there anything I can do to expedite my hearing?
In some hearing offices, but not all, judges will try to weed out the cases they can easily grant because the medical evidence is so strong. If you have very strong medicals or a very serious condition, we at Binder & Binder will try to do what is called an “on-the-record” letter to the judge hoping to expedite the matter. We write to the judge, summarizing the overwhelming evidence of disability in the hope that the judge will agree and grant benefits without the need for a hearing. However, some judges never grant on-the-record letters, and if you are assigned to one of those judges, there’s not much you can do but wait for the hearing. In order to be granted on-the-record, you must have very strong medical evidence and it must be current at the time the letter is being written. A year-old report, even with a note from your doctor saying it’s still the same condition is rarely enough. Because the Social Security definition of disability requires a consideration of your age, education, and work history, generally workers who have worked for many years and are over 50 have a better chance of getting an on-the-record decision than those who are under 50.
Do I have to be completely incapacitated to get disability?
No. There is no requirement that you be wheelchair bound or a complete vegetable in order to get disability, though there are some judges who grant so few cases that one suspects they have their own definition of disability which would require that.
I’ve just been awarded disability benefits. How long can I expect to be on disability?
You should be on disability until you stop being disabled or become retirement age. The law requires that everybody be reviewed every three years to see if they remain disabled though Social Security can make that a longer period if they consider that your condition will not change. However, Social Security is so far behind, they rarely do “continuing disability reviews” anymore. It is anticipated that as soon as they catch up, they will start doing regular continuing disability reviews.
I am currently getting welfare and food stamps. Does this make me ineligible for Social Security Disability or Supplemental Security Income?
No.
I don’t want to hire anyone unless I have a better chance of winning. Do represented people do better than unrepresented people?
Almost always. The Social Security process is not easy or uncomplicated. There are deadlines to meet and reports to be obtained. You have to know what sort of information to get from your doctors. At the hearings there are often doctors and vocational experts who testify, and it’s almost impossible for a person untrained in these areas to effectively cross-examine either. At Binder & Binder, all of our representatives at the hearings are fully trained. Many have had over 10 years experience and have represented thousands of claimants at hearings.
I was just awarded my benefits. When can I expect to receive payments?
Assuming there is nothing complicated about your particular circumstances – there is no Workers’ Compensation offset or State pension issue – benefits can be paid in as little as 60 days. For Supplemental Security Income claimants, if there is an emergency financial situation, you might be able to get benefits processed more quickly by going in person to the local office and explaining your dire financial needs.
What are the advantages of getting direct deposit?
It isn’t so much what the advantages of having direct deposit are, but what the disadvantages are if you don’t have direct deposit. If your money is sent directly to the bank, it is never lost. There is no time wasted between you getting the check and you having to bring it to the bank. It is never stolen. A Social Security check placed in a Social Security direct deposit account is immune from ordinary lawsuits. Lawyers call these types of arrangements “judgment proof.”
I have been told that my Social Security checks are lien proof. What does this mean and is that true?
To be lien proof or judgment proof simply means that people ordinarily cannot get it even if they win a lawsuit against you. Congress has decided to not allow people who are on disability or Social Security to have their checks attached to pay back a loan or legal judgment. However, there are significant exceptions. Child support has been permitted by Congress to supersede the normal statutory bar so that court-ordered child support can be taken out of your Social Security check before you receive it. Similar exemptions exist for taxes and most recently student loans.
I have just applied for disability benefits. When can I expect to be interviewed by Social Security?
There is no “face to face” at the initial application stage. In fact, there is no face to face until you get to an administrative hearing. In most states, though, the Commissioner has proposed to have an informal meeting at the reconsideration stage. Your first opportunity to explain in person to someone what’s wrong with you is at the Administrative Law Judge hearing which is why that is the most crucial stage.
What happens at the administrative hearing?
Often, the judge will question you directly at the hearing though some judges prefer that the representative ask all the questions. At the hearing, your representative can ask whatever questions he thinks important. Generally, you testify as to your history and your symptomatology. The doctors usually supply evidence in the form of written reports.
My doctor told me that he doesn’t want to appear at the hearing. Will my case be dismissed if my doctor doesn’t appear?
Very rarely do doctors ever appear at the hearing on your behalf. Occasionally the government has non-examining doctors who appear and testify. Your doctors will usually supply medical information by writing a letter or filling out various forms explaining your disability. Your case will not be dismissed if you don’t have your doctor appear. In fact, less than one percent of hearings have your doctors appearing.
I have recently received notification for a Continuing Disability Review. I’m told I can keep my benefits until the hearing. Is this true?
Generally you are allowed to continue your monthly benefits until the administrative hearing if the Social Security Administration’s reason for ceasing your disability benefits is because of medical improvement. In other words, if the government looked at your case again and decided you were no longer disabled, but you and your doctors feel you are still disabled, you are allowed to continue your monthly benefits while waiting for that year or almost two years for your hearing to be held. If on the other hand you were ceased for some other reason, that is, you have been working or they found some fraudulent activity in your application, then they will not continue the benefits.
I want my benefits continued through the hearing, but will I have to pay them back?
The answer is legally yes, but practically no. If you cannot afford to pay back the benefits you would be entitled to a waiver of the payments. Unless you have done something wrong, you are not at fault in requesting your benefits to continue until the hearing. The statute specifically authorizes you to do so. If you are not at fault, you only need show that it would be a financial hardship to pay it back. It is very rare to find a claimant who is so financially comfortable that Social Security benefits do not represent a significant part of their income. Very few would not have trouble paying back the disability benefits. Those who can afford to pay back the benefits if they lose will have to pay back the benefits.
Can I work and receive disability benefits?
This is one of those questions that take up a chapter in my book. It simply is too complicated to answer briefly. Generally, after you win benefits, you are allowed to work part time for a limited amount of money, approximately under $800 a month. If you are working while applying for disability, you will simply be denied if the work is substantial, that is, more than a few hours a week. Almost all these questions depend on how much you are working, who you are working for, and how much you are getting and how long you’ve done it. Those questions simply cannot be answered in general.
Will the government make me return to work after I get disability benefits?
No. However, the government will encourage you to return to work at any time you feel able to do so, even if your medical condition has not improved. Some people find that their medical condition has not significantly improved but they would rather work through the pain than stay at home. For these people, the government allows work attempts. You are then allowed to keep your monthly benefits for up to 9 months while you are trying to work. For other people who can’t return to their former job, but who may wish to be retrained, the government will provide training programs for you if you try to learn a job that is less physically demanding or perhaps less stressful. You can keep your Medicare as well for an extended period.
I just won my benefits and Binder & Binder has been paid 25% of my back due award. Will they receive any part of my future benefits?
No.
I would like Binder & Binder to represent me if I receive my Continuing Disability Review. Do I have to do anything to let them know?
Yes. Social Security will not contact us when they review you. They will only contact you. The Social Security Administration will consider any continuing disability review to be a “new” case. Social Security feels we represented you only on the “old” case, so you must contact us as soon as you hear that your case is under review.
I understand there are special rules for the blind.
Yes. If you are legally blind, there are special rules that apply in terms of your eligibility for benefits as well as work-related expenses. Rules for the blind are very complicated and the definition of legally blind can also be complicated since you can be visually impaired without being legally blind.
I was recently denied when I went to a hearing by myself on the grounds that alcoholism was a material factor. My doctor doesn’t think it is. Why can’t I receive benefits?
As part of an amendment to Social Security, Congress has increasingly made it more difficult for claimants with drug or alcohol issues to win. In response to some studies that showed that drug addicts were using their Supplemental Security Income ( SSI ) checks to get more drugs, Congress passed an extremely harsh law that prevents not only drug addicts from getting benefits but also people deemed to be alcoholics. If drug abuse or alcohol abuse is a “material” part of your disability, that is, you would not be disabled if you didn’t consider it, then even if you are disabled you are not eligible for benefits. While the studies showed the illegal drug abuse was a major problem, people who have been excessive drinkers are now finding it difficult to win benefits. However, if drinking is unrelated to your disability or if it is no longer material to your disability, you are still eligible to receive Social Security or Supplemental Security Income benefits.
What kind of disability benefits can children receive?
Children under 18 can receive Supplemental Security Income ( SSI ) benefits only. The standards for winning a child’s benefits are much harder than winning an adult case. Children can also receive benefits if an eligible parent is disabled, retired or deceased. They can receive benefits until they graduate high school or until age 18, whichever is later. The amount they receive though depends on how much the adult receives. Certain adults who never earned very much money may find that the children do not receive benefits.
I have three children. When I won my disability they started receiving a small amount each month. My friend has one child but his child receives a much greater amount even though we earned about the same. Why?
The amount of benefits that children can receive cannot exceed 50 percent of what the adult wage earner is receiving. So if you won your case and you were getting $1000 in Social Security benefits, your children cannot receive more than $500. If you have three children, each of them receives one-third of the $500. If you have only one child, the child receives the entire amount.
I have informally adopted a child. Will he be eligible to receive benefits if I’m found disabled?
If the child is legally adopted, he gets treated the same as a biological child. If he’s not legally adopted, however, he is not your child. Children who are legally adopted after an award of disability face certain tests too complicated to be adequately described here. Generally the relationship prior to the formal adoption is significant in determining whether the child can receive benefits.
I was recently told that I didn’t earn enough benefits in this country. Most of my life I worked in Western Europe. Can I receive benefits from a country in Western Europe?
There are many countries that the United States has totalization arrangements with that permit work history in the other country to count towards work history in this country. It is a treaty with each country. Generally, these are more common in the Western industrial countries that have similar types of Social Security Disability benefit programs.
How does the government calculate what my rate will be?
It all depends on how much you contributed. The more money you made, the more you will get back in Social Security benefits. However, it’s not a direct relationship between how much you gave in FICA taxes. There is no separate account as there might be in an IRA. It is a Social Security program—we participate as a group. If you die before reaching retirement age the government doesn’t return your FICA payments. If you live many years on retirement, you continue to receive the monthly rate long after you’ve been paid much more than you contributed. This is a Social Security insurance program, not a retirement investment plan.
What is it about Binder & Binder that makes you such good advocates for claimants?
A number of things. First, my staff is highly trained and highly competent. We’ve been doing these cases since 1976. We have extremely high standards for our representatives. Our people work long hours, are constantly being vigorously re-trained, and we take a great deal of pride in our accomplishments.
You must receive a lot of compliments. What’s the highest compliment you receive from your clients?
The highest compliment is when they recommend us to another person. To me, there is no higher compliment.
I’ve heard something about felons getting benefits. This doesn’t seem right.
Felons in prison do not receive benefits. Under the “Son of Sam” Law, if you are incarcerated in a state or federal penitentiary for a felony, you cannot receive benefits even if you also are disabled. There are a number of people with psychiatric and physical problems in prison, but since their expenses are paid for, Congress has decided not to allow them to receive their monthly benefits. Congress also has decided that people who are fleeing on open felonies cannot receive benefits. However, there are thousands and thousands of people who were arrested once and their records don’t reflect that the cases were closed or that the fine was paid or that their cases were dismissed. If you were arrested for a felony, you may have to clear that up before being eligible for benefits. We have begun to see many such cases where the records do not reflect what happened in the courthouse but only the initial charges. Having done criminal law for a number of years, it is very common for someone to be charged with a felony that turns out to be not such a serious case after all. We used to call these “paper felonies.” But, if you have a paper felony and the record in the government computer doesn’t reflect that it was resolved, you may have to resolve that in order to receive benefits.
I have been convicted of a misdemeanor. Will that affect my eligibility?
No.