Thursday, February 27, 2020

Social Security Disability and Mental Health Disorders - How to get paid!


Living with depression or bipolar disorder can be extremely stressful. Often times many people who find themselves dealing with mental health issues find it difficult to maintain gainful employment. Social Security has programs available for those individuals who meet the listing of impairments. Having an attorney who is familiar with the list of impairments and the process of determining if a claim for disability will meet the list of impairments is crucial.

Depressive disorder is evaluated by five or more impairments such as, depressed mood; diminished interest in almost all activities; appetite disturbance with change in weight; sleep disturbance; observable psychomotor agitation or retardation; decreased energy; feelings of guilt or worthlessness; difficulty concentrating or thinking; thoughts of death or suicide.

Bipolar disorder is determined by three or more impairments such as, pressured speech; flight of ideas; inflated self-esteem; decreased need for sleep; distractibility; involvement in activities that have a high probability of painful consequences that are not recognized; or increase in goal-directed activity or psychomotor agitation.

In addition to the initial listing of impairments you must also meet one or marked limitation of two of the following areas of mental functioning limitations. The ability to understand, remember, or apply information that has been presented to you, interacting with others, concentration, persistence, or maintaining pace during work, and adaptation or management of oneself during work.

If you have been diagnosed with depressive disorder or bipolar disorder and have medically documented history for over a period of at least 24 months, you may also qualify for benefits. If you have supporting evidence of both medical treatment, such as mental health therapy or a highly structured setting that is ongoing; and marginal adjustment, meaning you have minimal capacity to adapt to changes in your environment or demands that are already not part of your daily life, these would be considered more extreme circumstances requiring strategic representation and production of evidence to help you obtain a favorable decision.

The Law Office of Jonathan W. Cole is able and ready to assist you with your disability claims. If you are ready to file for the first time, we are efficient in filing out claim forms and submitting vital information to support your claim. If you have already been denied, we are able to assist you with appealing your initial decision. Should you need to request a hearing with the Administrative Law Judge (ALJ), we pride ourselves in our organization and punctuality of preparing you for your hearing and we are ready to appeal unfavorable decisions in the court system.

Should you believe you meet these listings or qualify for Social Security Disability Income please contact our office at your earliest convenience to schedule a free consultation with one of our attorneys ay (708) 529-7794. We will be happy to take time to sit down with you and help you determine if applying for benefits is for you.

Thursday, September 22, 2011

Oak Lawn Social Security Disability | Can I afford an Attorney?

You are beginning to have serious financial problems. You don't know when, if ever, you are going to be able to go back to work. You have applied for Social Security Disability benefits and have been denied. You now are placed under more stress because there are no benefits coming in. As we discussed in a previous post, What Can an Attorney Do For Me?, you now know that your best chance to receive benefits is to hire an attorney. You also ask yourself, How can I pay for an attorney? As most people know, an attorney's time is very valuable. That means their hourly rate is probably higher than the average individual. This leaves you feeling like you cant afford an attorney. The area of Social Security Disability is unique though. Most, if not all, attorneys take Social Security cases on a contingent basis. What does that mean to you? A contingent basis means that they only get paid if you win your case. I will include a few segments of my fee arrangement agreement with this post. My fee agreement is not necessarily the same as any other attorney and you should carefully review any contract you are asked to sign. The following is an excerpt from The Law Office of Jonathan W. Cole fee agreement for Social Security Disability for the 2011 year:


I employ and appoint THE LAW OFFICE OF JONATHAN W. COLE as my attorney and the attorney for my dependents to represent us in a claim for Social Security benefits.  If we are successful, I will pay him an amount equal to 25% of any past due benefits due to me and my family, up to a current maximum of $6,000.00, or whatever is allowed by law or regulation, whichever is the lesser of these two amounts. This is called a contingent contract.  If we are not successful, you owe nothing more.  ...

  I will reimburse him for any out of pocket expenses he pays in furtherance of my claim.  These usually include the cost of doctor, hospital, and other records; long distance calls, faxes, messenger services; but in no case to exceed $300.00 without my prior written consent. ...

Please note that this is simply a few snippets from The Law Office of Jonathan W. Cole's social security disability fee agreement. What is important to note from these passages is the way that you pay your attorney. In my fee agreement, I take 25% of your past due benefits. You may ask, what are my past due benefits. When your application is received, Social Security considers that the "Start Date" of your application. You are entitled to benefits from that date. In some cases, you may be eligible for benefits up to three months prior to your "Start Date". From your "Start Date" to the actual day you get approved for benefits is called the past due benefit period. You will receive a a large check from Social Security to account for the benefits you should have received from your application date. As your attorney, I will receive 25% of those benefits. Attorneys receive their check directly from social security. This is advantageous for you because you never need to directly pay your attorney. Additionally, your attorney is happy because he doesn't have to worry that the check is coming. The only funds you will have to give directly to your attorney are a reimbursement of any copying costs they spend on your behalf. Attorney's are charged by medical facilities for the copying costs of obtaining your records. 

You now know that there are very little out of pocket costs to having an attorney handle your case. As my previous posts have indicated, the benefits of having an attorney on your case may very well be the difference between receiving benefits or being denied. If you would like to hire an attorney to represent you, contact:

5013 W. 95th St.
Oak Lawn, IL 60453
(708) 529-7794