SSD Benefit Information

Social Security Disability Benefits Information

The Disability Benefits Process

Relax: You're in good hands. Here's what you need to know.

Currently, Carol Lewis Law is taking all the necessary health and safety precautions to prevent the spread of COVID-19. While that means our process with clients has changed to accommodate those measures, Carol’s friendly, personable approach has stayed exactly the same! Here is how a typical case at Carol Lewis Law proceeds:

After your free initial consultation with Carol, during which you will determine together your eligibility for benefits, she will send along the representation paperwork required by Social Security. 

When the completed materials are received by our office, Carol will reach out to you to schedule a time to either A) Appeal your existing claim, or B) Start a new claim.

Your claim is sent to St. Paul for review by Disability Determination Services, DDS then sends out forms to be completed before a decision can be made on your claim.

Carol and/or her husband, Dick Lewis, will help complete those forms and return them to DDS.

Together, we wait for a decision! If your claim is denied, we appeal. If, after the initial appeal, your claim is again denied, we will appeal a second time and go before an administrative law judge to make our case. 

Throughout every stage of this process, Carol will be available to answer any questions you may have about your timeline, filling out paperwork, decisions criteria and beyond. Carol Lewis Law is here to make you feel comfortable and assured, no matter where you are in the disability benefits process!

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Frequently Asked Questions

Here are some question to consider before you make your claim:

  • Am I disabled?

    To receive benefits under the Social Security disability and SSI programs, you must have physical or mental health problems (or a combination of problems) severe enough to keep you from working in any regular, paying job for at least 12 months. The test isn’t whether you have been unable to get a job lately; and the test is not simply whether you are unable to go back to your old job. Rather, the test is whether you are capable of doing jobs that exist in the economy in significant numbers.


    Using an extensive set of regulations, the Social Security Administration (SSA)( will take into account your medical condition, your remaining ability to work, your age, education, training and work experience in deciding your case. At age 50 for most people, and again at ages 55 and 60, SSA’s regulations make it easier to be found disabled.


  • Do I need an Attorney?

    If you want to be sure that you will not be turned down, you do indeed need an Attorney, the sooner, the better. Some attorneys represent claimants early in the process – at the initial or reconsideration stages. Other attorneys prefer to wait until a case is closer to the hearing. But attorneys agree that the hearing stage is where representation makes the biggest difference in the outcome of your case. So, it is very important that you arrange for attorney representation at least early enough to allow time for thorough hearing preparation.


    Attorneys in Social Security cases do much more than sit in at hearings and ask a few questions. Much gathering go into good representation in a disability case. For this reason you should not wait until a week or two before your hearing to contact an attorney. The earlier your attorney is able to start preparing for your hearing, the better your chances of winning.


    In cases involving termination of benefits for current recipients, a different sort of “hearing” is conducted at the reconsideration stage. Because it is important to have representation at hearings, if you are going to have a reconsideration “hearing,” you should contact an attorney as soon as you receive the termination notice.


  • How much does it cost to hire an Attorney?

    Attorneys charge clients in different ways; but SSA must approve all fees. In cases involving initial entitlement to benefits, most attorneys don’t charge unless you receive benefits. In these cases, many attorneys limit fees to 25% of back benefits up to a maximum fee set by SSA, currently $7,200. Whatever the fee arrangement, you may have to pay for medical reports, records, and so forth.


    To pay attorney fees in Social Security disability and SSI cases, SSA will withhold up to 25% of past due benefits payable to you and your family. Nothing will be withheld from your regular monthly checks. If the authorized fee is less than what SSA withheld, you will get a refund from SSA.


    Where there are no back benefits, as in cases involving termination of disability benefits or overpayments, attorney’s billing practices vary. A percentage fee is usually not available; but SSA still must approve all fees.


  • What will my Attorney do to represent me in my disability case?

    Every case is different. Your attorney’s role depends on the particular facts about your case. However, a few of the things an attorney may do are:

    • Gather medical and other evidence
    • Analyze your case under Social Security regulations
    • Contact your doctor and explain Social Security regulations to obtain a report consistent with those regulations
    • Refer you to additional doctors (usually specialists) for further medical reports to answer questions raised by Social Security regulations
    • Hire a vocational expert to prepare a report on your ability to work
    • Suggest that the Social Security Administration send you to a doctor for a consultative examination
    • Obtain documents from your Social Security file
    • Review actions taken by the Social Security Administration
    • Ask that a prior application for benefits be reopened
    • Seek waiver of a time limit
    • Request subpoenas to insure the presence of crucial witnesses or documents at your hearing
    • Advise you how best to prepare yourself to testify at your hearing
    • Protect your right to a fair hearing by objecting to improper evidence and procedures
    • Cross-examine adverse witnesses at your hearing
    • Present a closing statement at your hearing arguing that you are entitled to benefits under Social Security regulations
    • Submit a written summary of the evidence and argument to the administrative law judge
    • Review, suggest changes or make legal objections to written questions, which are sometimes sent to a doctor by the administrative law judge after a hearing requesting an additional medical opinion
    • If you win, make sure that the Social Security Administration correctly calculates your benefits
    • If you lose, request review of the hearing decision by the Appeals Council
    • If necessary, represent you in a federal court review of your case

  • What is a hearing?

    The hearing, which must be requested within the 60 day time limit, is the crucial step of the appeal process where you will have the best chance of winning. More than half of all hearings result in the claimant receiving benefits.


     An administrative law judge will preside and testimony is taken under oath, but the hearing is informal. Strict rules of evidence do not apply.


     Medical records will be accepted as evidence. The judge or your attorney will ask you about your medical condition, medical history, abilities, education, training, work experience and the limitations caused by your disability. You may present witnesses and you have the right to cross-examine medical or vocational experts who are sometimes called by the judge to testify. You or your attorney may make a closing argument that you are entitled to benefits under Social Security regulations.


  • When should I contact an Attorney?

    The sooner the better. Some attorneys represent claimants early in the process – at the initial or reconsideration stages. Other attorneys prefer to wait initial a case is closer to the hearing. But attorneys agree that the hearing state is where representation makes the biggest difference in the outcome of your case. So, it is very important that you arrange for attorney representation at least early enough to allow time for thorough hearing preparation.


    Attorneys in Social Security cases do much more than sit in at hearings and ask a few questions. Much pre-hearing preparation, analysis and evidence gathering go into good representation in a disability case. For this reason you should not wait until a week or two before your hearing to contact an attorney. The earlier your attorney is able to start preparing for your hearing, the better your chances of winning.


     In cases involving termination of benefits for current recipients, a different sort of “hearing” is conducted at the reconsideration stage. Because it is important to have representation at hearings, if you are going to have a reconsideration “hearing” you should contact an attorney as soon as you receive the termination notice.


  • What can I do if my claim is denied?

    If you are still within 60 days of the day you received a hearing decision denying benefits or a denial from the Social Security Appeals Council, it may not be too late. You should contact an attorney immediately. It’s best to have representation at your hearing, but sometimes an experienced attorney can still find a way to win your case at the Appeals Council or in federal court.


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