WHAT QUESTIONS WILL LAWYERS ASK, AND WHY?

 You probably want to get a lawyer to help you get Social Security disability benefits.  You need to understand that lawyers cannot charge you any fee unless you win your claim and recover past due benefits.  Therefore, lawyers are careful to only take cases that they believe have a reasonable chance of success.  Otherwise, the lawyer will starve to death.

So, lawyers are going to evaluate your claim to see how solid it is.  To do so, they will ask you several questions.  

Here are the questions:

1.  Are you now working?  If so, how much do you earn?  REASON:  By law, a claimant cannot be working and earning wages of $1,310 per month or more and still qualify for an SSDI benefit.  So, full-time work, or work above the $1,310 per month threshold disqualifies an individual for SSDI, no matter sick he is.

2.  When is the date you stopped working?  WHY?  Your "alleged onset date" may be back-dated to recover more back pay. This is the date you claim to have first become unable to work.  You may qualify for past due benefits back to this point.  But you cannot qualify for a benefit prior to the date you stopped working at "substantial gainful activity."  For example, if you feel that you became disabled on July 1, 2020 but you continued working until September 1, 2020, you cannot claim a benefit prior to September.

3.  What is your impairment?  Will it keep you out of work for at least 12 straight months?  REASON:  Social Security will only pay for an impairment which has lasted at least 12 straight months, that is expected to last 12 months OR is expected to end in death.  Short term disability is not covered by SSDI rules.

4.  Are you getting medical treatment?  WHY THIS QUESTION?  Because the federal regulations require that disabling impairments must be "medically determinable."  This means that a qualified doctor must perform adequate tests and examinations to determine the nature, severity and probable longevity of your condition(s).  Without medical records, there is no chance to get on disability.

5.  What is your work record over the previous 15 years?  WHY?  There are 2 reasons for getting your detailed work history:

• One, a claimant must have worked enough (and recently enough) to have gained insured status with Social Security.  The general rule is, you should have worked at least 5 years out of the most recent 10 year period.  You must pay in before you can take out.  So, work history helps determine if you are covered by SSDI.
  

• Two, at certain ages a claimant may get approved using a grid rule.  These rules rely heavily on past work experience and whether or not the claimant has transferable skills from previous jobs.  Employment history is very important in trying to evaluate whether a claimant can meet a grid rule.

6.  Has there been any other attorney involved in this case?  WHY?  As a general rule, you don't want more than one attorney or representative on your case.  Many attorneys are reluctant to sign on to a case where another representative has been involved because it can complicate the fee process.  No one wants to win a case and then find that someone else is going to get part (or all) of the fee.  It's a matter of fairness.  Ordinarily, it isn't a good idea to change representatives in the middle of a case.  There might be exceptions, of course.  Certainly if you do make a change, the new attorney needs to be made aware of the former representative from the start.

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