Frequently Asked Questions
Should I file my own application?
Although you can file your own application, it makes sense to have legal advice and guidance from the start. Your right to benefits depends on various rules, regulations and case law.. ..all which undergoes changes from time to time. We offer a FREE CONSULTATION and we won’t charge any LEGAL FEE unless you are approved for benefits. Let us handle the burden of filing for you so you don’t have to guess or worry about what steps to take.
How experienced are you in Social Security matters?
Gary Glenn, Esq. has been successfully handling Social Security Disability cases for over 30 years.
How are my Disability benefits calculated?
Your benefits depend upon your lifetime earnings. An estimate can be found on your Social Security Earnings statement. This statement has been sent to you annually via the mail until recently. The United States Government has temporarily ceased sending these statements in order to cut expenses. However, you can still receive it by request.
How is the legal fee paid?
We only charge a legal fee if and when you are granted your benefits. The Social Security Administration will withhold 25% of any past due monies owed you in order to pay the attorney fee. We place a limit on that amount in accordance with current regulations. Any expenses are additional.
How early should I seek Legal Counsel?
The earlier , the better. In that way, you can minimize any potential mistakes. Some people will seek our help only after they have been denied benefits. However, most of our clients ask for our help from the beginning. In this way, we can gather evidence and develop your case as strongly as possible from the start.
How long does the process take?
Unfortunately, when dealing with the system, you are dealing with a Government Bureaucracy. Therefore, it can take many months before completion. The application stage usually includes your being examined by a doctor chosen by the Administration. It can vary from a couple of months to more than half a year. Most people are denied at the initial application stage. The next step in New York State is to ask for an administrative Hearing before a Judge. This step can take as long as a year or more in some jurisdictions. It does vary but you need to be aware that it is not usually a quick process.
Do you ever succeed at the initial application level?
Yes. However, most cases that succeed will get approved at the Hearing level.
Can I receive retroactive benefits?
Yes. There are no benefits paid to anyone for their first five months of disability. However, after that, benefits can be paid retroactively for as much as one year PRIOR to your application.
Are there any additional benefits for my children?
Yes. When you have been granted disability benefits, then your children will also be given benefits because of your disability until they generally reach 18 years of age.
Can I collect benefits from other sources in addition to Social Security benefits?
Yes. In fact, you can also possibly receive a pension from a job or Workers Compensation benefits, no-fault benefits, a personal injury award from a law suit, short term or long term insurance, benefits, etc. There are certain regulations that may be applicable depending on your individual situation but it is possible to receive benefits from multiple sources.
How do I get medicare?
Once we succeed in obtaining your Social Security Disability Benefits for you, then you will automatically be entitled to medicare benefits beginning 30 months from the date of disability.