• FAQ
  Common Questions

• Should I file a claim?
• Why does the process take so long?
• Do I need a lawyer?
• Does it cost money to higher a lawyer?
• What can the law office do for me?
 
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  • Should I file a claim?

1/3 of all Americans will suffer some form of temporary or permanent disability during their working life. If you find yourself suffering from a physical and/or mental disability that is reasonably expected to prevent you from working for a minimum period of 12 consecutive months, you should file a claim immediately.

Not only are there cash benefits available, but there may also be eligibility under either the Medicaid or Medicare systems. Furthermore, being found “disabled” can freeze your Social Security earnings record so that your Retirement benefits are not reduced due to your being out of work for a year or more.

Unfortunately, the Social Security Disability process is extremely backlogged, long and can become very frustrating. Most people are denied benefits at the initial level of the process and have to appeal through the system before having a fair decision made on their claim. This usually requires going before an Administrative Law Judge.

Do not risk going before the judge without expert representation.

  • Why does the process take so long?

Most people have to go before an Administrative Law Judge in order to be approved for benefits. The process has three levels of appeals and the average processing time can exceed two years. The Social Security Disability Process is extremely backlogged. Congress has cut the budget for the Social Security Administration and this means there are far fewer employees available to process claims. There are currently more than 10,000 cases pending in each of the Hearing Offices in the Atlanta area and this backlog is expected to grow as the Baby Boom generation begins coming into the system.

  • Do I need a lawyer?

It is not required that you hire a lawyer. However, experience and results matter. There are non-attorney representatives who will attempt to represent you, but remember - the Judge is a lawyer and the Judge is not on your side. Why go it alone? Your chances of winning are greatly increased when you are represented by a competent and experienced attorney. Because we do not charge a fee unless you win, you have nothing to lose by hiring an experienced attorney to advocate on your behalf.

  • Will hiring a lawyer speed up my case?

No. Anyone who tells you otherwise is not being honest with you. No claimant’s representative can force a judge to schedule your hearing ahead of other cases that were filed before yours. Do not be fooled by fast-talking, unscrupulous so-called non-attorney claimant’s representatives. Just because someone retired from the Social Security Administration does not make that person an expert in the area of Social Security Disability.

Under certain conditions, such as cases involving terminal illness or dire need, it is possible to have a claim moved ahead of others, but this is rare and, even then, it can take quite a long time to get through the system.

Also, keep in mind that people who may come to you while you are in the hospital do not always have your best interest in mind. Many times, hospital employees will assist you in filing a claim, but they are focused on getting hospital bills paid and often will overlook important eligibility issues. It is important that you file for all benefits for which you may be eligible. It is permissable to allow these people to assist you in getting your claim filed, but do not hire them to represent you until you are certain they are working for YOU – not the hospital.

  • Does it cost money to higher a lawyer?

We only charge a fee if you win. No money is required to be paid unless and until you are approved and only then if you receive backpay. No fee is charged if you are ultimately denied benefits.

All fees are required to be approved by the judge who hears and decides your case. Anyone who tells you otherwise is not complying with the law and is not telling you the truth. Our office only deals in the truth with our clients.

Also, please keep in mind that most Social Workers at hospitals are working for the hospital to get uninsured medical bills covered. This often times can costs you benefits to which you may be entitled. You should seek counsel from a competent Social Security/SSI attorney before hiring someone from the hospital to represent you. There is no additional cost to you to have a great lawyer, so why settle for less.

DO NOT PAY ANY REPRESENTATIVE UNTIL YOU ARE APPROVED FOR BENEFITS!

  • Can your office guarantee my case will be approved?

No one can honestly make guarantees that any particular case will be approved. Many complex medical, technical and educationalvocational factors are considered in a disability case. However, we can guarantee that you will receive expert, compassionate and diligent advocacy should you allow us the opportunity to represent you.

Because no fee is charged unless and until you win, we are extremely motivated to bring your case to a favorable resolution. Any representative that guarantees an outcome is not being honest with you.

Any representative who tells you he or she wins a certain percentage of their cases is not being honest with you. There are unscrupulous non-attorneys who will tell you they win over 90% of their cases, but there is no way for them to be able to prove that and you should not allow yourself to be fooled.

  • What can The Law Office of Robert W. Hughes, Jr., do for me?

We can handle your case through each and every step in this process. We will assist you in filing the appropriate forms and appeals and closely monitor your case through each and every step in the Social Security Disability Process.

We will make certain all available medical evidence is considered in your case. We will also make certain the Agency applies the correct legal standards and rules when determining whether you are “disabled”.

We will be here to answer all of your questions as we move through the process together. Attorney Hughes is dedicated to making certain all calls and inquires from our clients are addressed in a timely and professional manner.

We will work with your physicians and hospitals to keep them from hassling you over unpaid medical bills while your case is pending. After your case is approved, we can assist in getting outstanding medical bills covered under either Medicaid or Medicare.

We will work closely with you to prepare you for your hearing and Attorney Hughes will present your case to the judge with one thing in mind - WINNING - as soon as possible.

In short, we will do anything and everything within the law to make sure you receive all benefits for which you are entitled.

 
     
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