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San Francisco
415.524.5412
 
Santa Rosa California
707.486.9399
 
San Rafael California
415.524.5913
 
 
 
Frequently Asked Questions
 

Can I get Social Security if I've never worked, or worked very little?

Do I have to wait for my state disability to run out before I file a Social Security disability claim?

How can Lander & Shaw help me?

How much will I be paid by Social Security?

How should I choose an attorney?

My hearing date is only a couple of weeks away - what can I do?

My Long-Term Disability insurance carrier is making me file for Social Security disability benefits. What should I do?

Should I apply for Social Security benefits?

Social Security says my disability has ended, and my benefits have stopped. Can you help me?

What happens to my Social Security Supplemental Income benefits if I go to jail?

What Social Security disability benefits should I apply for?

When should I apply for disability benefits?

Will Lander & Shaw take my case if I only have one denial?


Q: Can I get Social Security if I've never worked, or worked very little?

Answer:

Yes, you may be entitled to Social Security Supplemental Income, which pays benefits to those who are disabled but don’t meet the reported income requirements for Social Security Disability Insurance benefits.



Q: Do I have to wait for my state disability to run out before I file a Social Security disability claim?

Answer:

We believe it's a good idea to file for Social Security benefits before your state disability benefit is exhausted due to the length of time it takes Social Security to process your initial application. 



Q: How can Lander & Shaw help me?

Answer:

What we can do for you  depends on what stage of the process you are at. We accept cases at initial application, request for reconsideration, or administrative law judge hearing – click here to view our services page.



Q: How much will I be paid by Social Security?

Answer:

California residents that qualify for Social Security Supplemental Income receive the federal benefit rate along with a state supplement that totals $845 in 2010. Your living situation could result in a lower or higher amount. The amount of a person’s Social Security Disability Insurance will vary depending on your reported income during your lifetime.



Q: How should I choose an attorney?

Answer:

Your best chance of winning your case is to hire an attorney who has experience presenting cases at the hearing level and especially at the hearing office where your case will be heard. We cannot stress strongly enough that your attorney’s experience and knowledge of the judges and staff that will be evaluating and analyzing on your case is a key element to winning your case.  When you’re speaking to an attorney you’re thinking of hiring, don’t be afraid to ask the hard questions about their experience – and don’t accept evasive or vague answers. 



Q: My hearing date is only a couple of weeks away - what can I do?

Answer:


Most administrative law judges will grant one hearing postponement in order for the claimant to either gather more medical information or hire an attorney. If you're in this situation, know that we have won cases with only 10-14 days preparation time, so it's never too late to call for a free consultation.



Q: My Long-Term Disability insurance carrier is making me file for Social Security disability benefits. What should I do?

Answer:

You are probably required to file by the terms of your long-term disability insurance policy, but you do not have to accept the company your insurer selects. You have the right to hire the attorney of your choice.



Q: Should I apply for Social Security benefits?

Answer:

If you can answer “yes” to these five questions, you should apply for Social Security disability benefits:
1) Is your income under $1000 per month?
2) Do you have a serious physical or mental condition (or both)?
3) Has the condition expected to last for more than one year?
4) Are you unable to do any of the jobs you’ve had in the last 15 years?
5) Do you think you would be incapable of even the simplest kind of work?



Q: Social Security says my disability has ended, and my benefits have stopped. Can you help me?

Answer:

Yes, we can assist you if you are no longer receiving benefit payments.



Q: What happens to my Social Security Supplemental Income benefits if I go to jail?

Answer:

Supplemental Security Income benefits are suspended when a person is incarcerated. If the suspension lasts twelve consecutive months, benefits are terminated, and a new claim must be filed for benefits.



Q: What Social Security disability benefits should I apply for?

Answer:

When you apply for benefits it is Social Security’s responsibility to determine if you qualify for Disability Insurance (SSDI, for short), Supplemental Security Income (SSI), or both.



Q: When should I apply for disability benefits?

Answer:

With few exceptions, you should apply for benefits if you are not able to earn $1000 a month due to physical and/or mental disabilities.



Q: Will Lander & Shaw take my case if I only have one denial?

Answer:

Yes. Lander & Shaw will represent claimants at any level of the application process - click here to view our services page.


 
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