Disability Questions Answered

I have now been taking Social Security Disability claims in Tennessee for close to a decade, I find that many people have some basic questions, such as:

How do I get an attorney,  I have no money?Attorneys’ are permitted to take your claim on a contingency fee, meaning if an attorney is not successful in getting your back pay from Social Security, you do not owe a fee.

Who is eligible? Most people who have worked the 5 years before they became disabled will qualify for Disability Insurance, there is another program called SSI for people who have not worked enough to qualify for Social Security Disability Insurance.

What age do you have to be? It depends on some factors as to your age, a parent may apply for a child, either an adult child or a minor child. The age limit depends on date of birth.

How do they determine my disability? Many factors are used by Social Security, some but not all are;  a grid system, a listing of disabilities, your testimony, work history, and medical  records.

How do I get started?You will need to apply via the phone or internet to the Social Security Administration.

Is there a number or website?Yes, 1 (800) 772-1213 or ssa.gov on the internet.

What happens after I apply?You will then wait for a decision, once that decision is made, if you are turned down you will need to appeal that decision, there are specific deadlines for the appeal, if you fail to meet them, your case can be dimissed.

After the first denial what happens?  Your time starts to run for an appeal, you may feel free to call me and I would be pleased to discuss this with you, it is at the first appeal after your first denial that I am usually able to evaluate your claim and see if I can help you out. This first appeal is called a Reconsideration.

Where does Mr. McMurtry accept Social Security Disability cases? I take them in Tennessee, Kentucky and the South East United States.

What does my attorney do if Reconsideration is denied? Your attorney can then ask for a hearing before a Federal Administrative Law Judge, again there are time limits involved in the request, should you not meet them your claim can be dismissed.

What happens after they receive my request for a hearing by a Judge? You and your attorney will be notified that all the proper paperwork has been filed to obtain a hearing, then the hearing office will inform your attorney and you of the actual date for the hearing of your claim.

Will I have to testify in front of a Judge? Yes, you will give testimony at your hearing about your condition and your past relevant work, along with other questions the Judge may have for you.    

If I have an attorney, will my attorney be with me when I testify? Yes, the attorney will be with you at your hearing, along with the Judge, Vocational Expert and Court Reporter.    

Will the Judge decide that day? It depends, sometimes you will receive a decision that day, however most claimants receive notification after the hearing through the mail.