Chris: Cyndi we hear a lot about social security, but what qualifies a person to receive social security disability benefits?

Cyndi: Well to be disabled for the purposes of the social security administration a person has to be unable to work because of a mental or physical condition that last 12 months. Either it has lasted 12 months or it's expected to last 12 months, or a condition that is considered terminal. For most cases to get disability benefits you have to have worked 5 out of the last 10 years, and then the amount of your benefits will likely be based on the earnings reported to the social security administration.

Chris: So how would somebody file for those benefits?

Cyndi: Well there are 3 ways you can do it. You can actually go to your nearest social security office and just wait and have somebody help you with an application. You may be waiting several hours but some people find that to be the easiest way to do it. You can also call the social security administration and schedule an online interview and they will take your information over the phone. Or you can go to the web www.ssa.gov and fill out an online application there.

Chris: So don't you need a lawyer to help file that?

Cyndi: Well the initial application you can probably do yourself. Most people are denied on their initial application. If you are one of the fortunate few that are not denied then you probably didn't need a lawyer to help you with it. With that said if someone calls us at Crocker Law and they are really struggling with their initial application then we'll help them.

Chris: So what happens if you're denied?

Cyndi: Once you're denied you need to file a request for reconsideration and about 80% of those are denied. So the final step for most people who get benefits is a hearing before an administrative law judge.

Chris: So it sounds like if you're denied you need to get a lawyer.

Cyndi: That would be my recommendation.

Chris: Thank you Cyndi and that's Legally Speaking.

Whitney:     It's been said that people represented by lawyers get three times as much money as people who aren't represented at all. Cindy, what it is that lawyers know that the rest of us don't?

Cyndi:        Well, Whitney, that quote you just gave about three times the money, that actually comes from an Allstate Insurance Company training manual. Their point is, they're trying to teach adjusters: get in there early; act friendly; keep them from getting lawyers because we know we'll pay them more money if they're represented. 

Why? Well, you know, there are several reasons. One is that insurance adjusters are professional negotiators. Lawyers are professional negotiators. So it's a more of an even match up. Not only is the average person in an accident not used to doing this, they're at the worst time in their life. You know, they've just been in an accident, they're very vulnerable, they want to get this over with. 

The second thing I would say is, knowledge is power, and the lawyers working the case know what you're supposed to get. They know the kind of damages we should be looking to get you compensated for. 

And finally, they expect you to prove it, so if I'm going to say, this person's going to have a life time of medical care or this person had a lot of medical bills already, I've got to put that proof together, and at Crocker Law, we have a whole staff of people, this is what they do. They get your bills, they get your records, they order these narrative reports I need from doctors to make that case and get you that money that's fair.

Whitney:     But what if I think that I am getting a fair offer?

Cyndi:         Well, that would be my final word of caution. I think one reason people take too little money is because they make the offers a little bit confusing. You know, I had a guy in my office the other day and he'd been offered $10,000. And he said, you know, I'm satisfied with this, but what do think? And when I looked at it, I pointed out to him that you have $4,000 in medicals that haven't been paid and won't be paid. He didn't know that. So, understanding the offer is important too.

Whitney:    All right, very good. Thank you so much and please join us again next time for Legally Speaking.