SOCIAL SECURITY DISABILITY FAQs
Do I qualify for Social Security Disability?
Under the Social Security Act, “disability” is the inability to engage in work due to a physical or mental impairment which is expected to last for at least 12 months or will result in death. If you meet this standard as well as the non-medical requirements, you may be entitled to Social Security Disability Insurance ("SSDI")/Supplemental Security Income ("SSI") benefits.
How do I apply for Social Security Disability?
You can apply by contacting you local Social Security office and setting up an appointment. You can also apply for SSDI benefits online at www.ssa.gov.
How does Social Security determine if I am disabled?
The Social Security Administration will look at your relevant medical records as well as your age, education, and past work experience. Social Security will determine if your medically documented impairments affect you ability to work. If they determine that your impairments prevent you from doing your past work and other work, they will find you disabled.
If I am approved for Social Security Disability, how much will I get?
For SSDI benefits, it depends on how much you have worked and earned in the past.
For SSI benefits, there is a base amount that an individual with no other income receives. Other income that an individual has reduces the amount of the SSI.
How far back will they pay benefits if I am found disabled?
For SSDI, the benefits cannot begin until five months have passed after the person becomes disabled. In addition, benefits can only be paid 1 year prior to the date the initial application was filed.
For SSI benefits can only be paid back to the month following the date the initial application was filed.
What do I do if Social Security denies my claim for Social Security Disability?
The majority of claims are initially denied, and should be appealed. It is important to remember that you only have sixty (60) days from the date of your denial to file your appeal. Jackl Law Group can help with these appeals.
How long does it take to get a Social Security Disability Hearing?
Unfortunately, it usually takes over 12 months and sometimes even longer to get a hearing scheduled.
What are the Hearings like?
The hearings are held before an Administrative Law Judge, and may also include a Vocational Expert and
Medical Expert. The Administrative Law Judge usually asks you a series of questions about your condition and also
gets the opinion of the Vocational Expert and/or Medical Expert. We recommend having an attorney present at the hearing.
If I get approved for Social Security Disability will I get Medicare?
If you are approved for any kind of Social Security Disability Benefits other than SSI you will get Medicare after you have been entitled to Social Security Disability benefits for 2 years.
WORKER'S COMPENSATION FAQs
How long do I have to bring a claim in Wisconsin?
You should report work-related injuries as soon as they happen in the form of an employer's incident report. In most worker's compensation cases, claims can be made within twelve (12) years of the date of injury or the last date of a compensation payment, whichever is later.
What benefits do I get under Wisconsin Workers’ Compensation Law?
During your recovery and while you are off work, you are entitled to approximately 67% of your gross pay, all medical expenses for your treatments, costs of prescriptions medications, and mileage to and from treatment. You will also be allowed to use your own doctor and get a second opinion from another doctor. You are not required to use a doctor selected by your employer. You will receive these benefits until the doctor says you have reached your maximum medical improvement and have improved as much as is likely.
What is an IME?
The insurer is entitled by law to conduct a medical examination by a doctor of its choice to render an opinion on your condition. This is referred to as an "Independent Medical Examination" (IME). The insurer is permitted to send you to an IME at reasonable intervals and it usually will be the same doctor each time. The insurer must pay for both the examination itself and mileage to get to the examination.
Do I have to return to work within my temporary limitations?
There is a dual responsibility between your employer and yourself to make sure your doctor's temporary limitations are being
followed. If your employer offers you a job within the restriction of your doctor, you should try to do the work. If the job, even within the limitations is too difficult, please make an appointment to see your doctor and get these restrictions adjusted.
What should I do if my employer does not have work available within my permanent limitations?
If you have an injury resulting in permanent partial disability, permanent restrictions and wage loss, you may be entitled to additional benefits for retraining. If you have an injury to your back, neck, head, or spine that has resulted in permanent partial disability, permanent restrictions and wage loss, contact us to discuss bringing a loss of earning capacity claim.
What benefits do I receive if I have a permanent disability?
If your doctor finds you have permanent restrictions and determines your disability will be permanent, you will receive weekly benefits based on the percentage of disability determined by your doctor.
How can I afford to pay for a workers’ compensation attorney?
We understand that if you have been seriously injured at work, you may be concerned about how you will be able to afford hiring an attorney. In worker's complensation claims, attorneys get paid a percentage of what you receive, so we don’t collect anything unless you receive compensation.