The information contained in these answers to common questions have been obtained directly from Social Security Administration, through Caldwell & Ober’s research or their own experience. These FAQs are provided as general guidance and should not be considered legal advice. Please obtain legal advice before applying or appealing your Social Security disability claim.
Why should I hire Caldwell & Ober to represent me in my Social Security disability claim?
Social Security statistics show that claimants who are represented by attorneys win more often than those who are not represented. Your best chance of winning your case against the government is to be represented by competent lawyers. Social Security disability law is all we do at Caldwell & Ober. Since 1979, the attorneys at Caldwell & Ober have been dedicated to helping their clients win their disability cases against the government. Caldwell & Ober is skilled at presenting its clients’ claims to the Social Security Administration and even the federal courts. They have won disability claims for many of their clients who had been turned down repeatedly by the government.
How many clients has Caldwell & Ober represented?
The attorneys at Caldwell & Ober have successfully represented over 15,000 Social Security disability clients.
When should I contact an attorney about representation?
You should contact an attorney even before you file a claim with the Social Security Administration. Caldwell & Ober can help you plan a strategy to win your case from the very beginning. If you wait to consult an attorney after your claim has been denied, you may harm your case with damaging statements or other information that can be used against you on appeal. If you have already been denied, Caldwell & Ober can help you with the next level of appeal.
How does Social Security decide if I am disabled?
Social Security has a very strict definition of disability. To be found disabled:
You must be unable to do any substantial work because of your medical condition; and
Your medical condition must have lasted, or be expected to last, at least one year, or be expected to result in death.
How does Social Security define disability?
Under the Social Security Act, “disability” means the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.”
Is a person suffering from mental illness eligible for Social Security disability benefits?
Yes. Mental illness is a frequent basis for awarding Social Security disability benefits.
How long does it take Social Security to make a decision once a claim for disability benefits is filed?
In most cases Social Security makes its initial decision within six months.
If Social Security decides that I am disabled, what types of benefits can I receive?
The Social Security Administration pays disability benefits under two programs:
Social Security Disability Insurance for insured workers, their disabled surviving spouses and children of disabled, retired or deceased workers.
Supplemental Security Income (SSI) for people with little or no income and resources.
What is the difference between DIB and SSI?
If you who suffer a disability and can no longer work, you may qualify for Social Security Disability Insurance Benefits if you have worked a number of years and paid sufficient FICA taxes into the government trust account. However, even though you may have worked your whole life, faithfully paid Social Security taxes, and believe you are disabled, you may still be denied these benefits by the government.
If you or a disabled family member have not paid enough into the Social Security system to qualify for benefits, you may still be able to receive SSI. The government agency will consider your income status and review the resources available to you in determining qualification. Examples of persons who fit into this category include a stay-at-home parent who has worked intermittently, or a young person who worked little or not at all before suffering the disability.
How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?
You may file for Social Security disability benefits as soon as you become disabled. Many individuals make the mistake of waiting months and even years after becoming disabled before filing a Social Security disability claim. Anyone who suffers serious illness or injury and expects to be out of work for a year or more should not delay in filing a claim for Social Security disability benefits.
How does Social Security determine if I am disabled?
Social Security gathers your medical records and considers all of your health problems along with your age, education, and work experience. Social Security tries to decide if you are able to do your job. If Social Security decides that you are unable to do this work, they consider whether there is any other work that you can do.
Who decides if I am disabled?
After a Social Security disability claim is filed, the case is sent to a disability examiner at the Arizona Disability Determination Services agency. The examiner makes the initial decision on the claim.
What happens if Social Security denies my claim for disability benefits?
Only about 40% of Social Security disability claims are approved at the initial level. If the initial claim is denied and the claimant requests reconsideration, the case is then sent to another disability examiner for another review. Unfortunately, about 80% of the time the reconsideration decision is a denial. If this happens, the claimant may then request a hearing with a Social Security Administrative Law Judge. This judge makes an independent decision upon the claim. This is the only level at which the claimant has a face-to-face meeting with a judge. If the Administrative Law Judge denies the claim, the claim can be appealed to the Appeals Council.
Can I appeal a case beyond Social Security to the federal courts?
Yes. If the Appeals Council denies the claim, Caldwell & Ober can help you file a civil action in the United States District Court. A claim can even be appealed to the United States Court of Appeals.
Will Caldwell & Ober represent me at my hearing if one is necessary?
Yes. If it is necessary for you to attend a hearing before an Administrative Law Judge, an attorney from Caldwell & Ober will personally represent you.
If I am approved for Social Security disability benefits, how much will I get?
Under the DIB program, your benefit amount is calculated by formulas using the number of years you have worked and the amount of taxes you have paid into the system.
Your SSI monthly benefit amount is based on financial need and is determined by formulas using factors such as total household income and your entitlement to a DIB benefit, long-term disability benefit or worker’s compensation benefit. Once your claim is approved, you will be required to meet with a claims representative from SSA to provide your financial documentation.
How much does it cost to have Caldwell & Ober represent me for my Social Security disability claim?
Federal law regulates attorneys’ fees in Social Security disability cases. Thus, virtually every disability attorney works on the same fee basis. The attorney’s fee is 25% of the past due disability benefits. If Caldwell & Ober fails to win your case, there is no fee.
I noticed that some lawyers who practice Social Security disability law are located in other states. Where is Caldwell & Ober located?
Caldwell & Ober has offices in Phoenix and Mesa, Arizona. Mark Caldwell and Edward Ober are licensed to practice law in Arizona and are in good standing with the Arizona Bar Association. Both attorneys have been practicing in Arizona since 1979. Some lawyers who practice Social Security law operate outside of Arizona and many times just “fly in and out” of the state to conduct business. When you hire Caldwell & Ober to represent you, you get the peace of mind of knowing the attorneys and staff live and work in Arizona and have local offices you can visit.
1940 East Camelback Road
Suite 150
Phoenix, Arizona 85016
Phone: (602) 277-1745
Fax: (602) 277-0346
Call now for a free appointment
