Should I work?
If you can work of course you should. Disability is meant to provide for you when you cannot work. However, work can affect your claim in different ways. If you make over $980 a month, you are making what Social Security deems as "Substantial Gainful Activity" or SGA. No matter what your impairment, you cannot be found disabled if you are engaging in a substantial gainful activity.
Secondly, even if you are not making SGA, the amount of hours you work a week can weigh heavily with the administration or an ALJ in making your disability determination. Disability is based on your ability to work forty hours per week. If you are working twenty, thirty, or more hours a week, the question becomes, "Why can't you work more?"
Should I take unemployment?
If you are disabled, meaning you can no longer work, you should not take unemployment. To receive unemployment, in most cases, you must tell unemployment that you are ready, willing, and able to work. This is contrary to what you are claiming when you file a disability claim. This could later hurt your credibility in a disability hearing before an ALJ.
Do I really need a lawyer?
Whether or not you hire a lawyer to help you is certainly up to you. However in making your decision remember that an attorney's fee in disability cases is contingent and is set by Congress. Our contingency fee is based on your back pay, if we win your case right away, we will be paid little or nothing. If your case takes longer to win and goes to hearing, your back pay amount will increase if you win, but that's when attorney's earn their payment under the system.
A hearing before an ALJ will be a very crucial part of your disability case. Attorney's can cross-examine medical experts and vocational experts, and are experienced with the proper questions to ask to not only prove your case but to preserve error for later appeal.
I see other nationally advertised "Disability Advocates" on television; what makes Coats & Todd different?
Interestingly, Social Security allows non-attorneys to represent claimants in their disability applications. As a result, many advertised "advocates" keep few or no attorneys on staff to help you win your claim. Disability is very legally driven. Judges are bound by the Code of Federal Regulations, case law in their District and Circuit. They are bound by statutes, HALLEX, and by decisions of the Supreme Court. Non-attorneys and attorney representatives are paid the same. Wouldn't you rather have a licensed attorney, like the attorneys at Coats & Todd represent you?
Finally, since they are licensed by the state of Texas, the attorneys at Coats & Todd as well, as their entire staff, are governed by the rules of professional ethics for the state of Texas. This includes strict rules concerning your privacy and strict rules making sure we always represent your best interest over our own. The state bar takes violations of these rules seriously, there is no such oversight for non-attorney representatives.
My Doctor says I can't work; does this mean I will win my case?
Not necessarily. It is a common misconception that a certification from a doctor that you cannot work or that you are disabled means you will win your disability case. Disability, as far as its meaning under the Social Security Act, is a decision to be made by the Administration according the rules a regulations as authorized and promulgated by Congress. As such, a finding of "disabled" or "cannot work" is for the Administration and not your doctor to decide. However, you doctor's opinion can be very important in your disability case especially if you have been seeing the doctor for a long period of time. If you haven't started seeking long term care from a single doctor you should start to do so immediately.
Can I get retirement and Social Security Disability?
Yes. It is important however that you file for disability first and state that you became disabled prior to your date of application of retirement benefits. Coats & Todd deals with this situation frequently and can help you navigate through the process of applying for both.
I have always done the same kind of work, my doctor says I can't do that work anymore doesn't that mean I am disabled?
Not necessarily. Technically not only do you have to be precluded from your past work by your medical impairments, you have to be included from performing other work that occurs in significant numbers in the economy. However, your age, education, past work experience, transferrable skills can make this easier or harder. These are the kinds of complex issues in a disability case that makes an attorney an important part of your disability claims process.
Will I win my case?
Every attorney likely wishes he could give his client a definitive answer to this question. However, each case is different and the likelihood of you winning your case is largely dependent on many factors. Make sure you see your doctors and let them know what's going on with your health. If you have had drug use in the past make sure you stay clean and sober. Follow your doctor's instructions as to your treatment and medicine. If you have difficulty seeing a doctor or obtaining medicine seek community programs to help with those items.
