More Common Social Security Disability Questions

Can I get Social Security Disability benefits if I expect to get better and return to work?

You have to be disabled for at least one year or be expected to be disabled for at least one year. So, if you expect to be out of work for one year or more on account of illness or injury, you should file for SSD.

I got hurt on the job. I am drawing worker’s compensation benefits. Can I file a claim for disability benefits now or should I wait until the worker’s compensation ends?

You do not have to wait until the worker’s compensation ends and you should not wait that long. An individual can file a claim for disability benefits while receiving worker’s compensation benefits.

I have several health problems, but no one of them disables me. It is the combination that disables me. Can I get disability benefits?

Social Security is supposed to consider the combination of impairments that an individual suffers from in determining disability. Many, perhaps most claimants for Social Security disability benefits have more than one health problem and the combined effects of all of the health problems must be considered.

My doctor says I am disabled so why is Social Security denying my claim?

Social Security’s position is that it is not up to your doctor to determine whether or not you are disabled. It is up to them to determine disability.  However, what your doctor has to say about your physical or mental restrictions or limitations is very important to their determination.

Is it necessary to hire a representative to represent me in my disability claim?

No. Any claimant can represent himself in all phases of the disability process. However, claimants with representation win their cases more often than those who are not represented.

How do attorneys who help claimants get paid?

Cases are generally handled on a contingency basis. That means the attorney receives a fee only if you win your case. Normally the fee is 25% of your back benefits and must be approved by Social Security. This fee is set by federal law.  If you do not win your case there is no fee. There are also costs in each case for which you may be responsible. These costs are charges paid to doctors for medical records.

If you need more information about a Social Security Disability/SSI, personal injury, EEOICPA, long or short-term disability, VA disability, Railroad Retirement Board disability, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611 or through our website. Our office handles claims throughout Tennessee.




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