It's Not Charity....

You Earned It

Name one person who has become filthy rich as a result of recieving Social Security disability benefits. There never has been and never will be such a person. The best you can hope for with Social Security disability benefits is just enough each month to keep you and your family from falling over the edge, free falling into the dark hole of total financial collapse. For the recipients of this type of disability benefit, the monthly check is what keeps them and their family members in modest clothes, a simple home, basic food on the table, and with Medicare included, accessible to essential medical treatment for their severe physical or mental impairment.

Too many people believe they know someone down the street, in the family tree, or at the local fraternal lodge, who is an undeserving recipient of Social Security disability benefits. What they do not know is that they do not know everything about that person's medical status which only that person, the physician, and closest family members need to know. So, stop pretending that you know all about those undeserving disability benefit recipients when you do not know the important facts about their lives.

Rare is the person who prefers to receive Social Security disability benefits. More common is the person who has been forced by a severe, disabling physical or mental impairment to withdraw from the workplace and file an application for benefits. There is no choice involved in the process. When you can not sustain job performance consistently through the week because of medical impairments, the only route to follow is the path of disability benefits.It is not charity. You have earned it and if you qualify, you are deserving of the benefit check.

Social Security disability is a benefit program for the disabled established by Congress in the 1950s. It now provides a monthly sustenance benefit to millions of disabled Americans. The benefit process begins with the filing of a standardized application, accompanied by the completion of medical and work history forms.

To qualify, a person must not be participating in substantial gainful work activity, have a severe medical impairment that has lasted or can be expected to last at least twelve (12) continuous months, and be unable to perform that person's past relevant work. An evaluation usually is made to determine the applicant's residual functional capacity, and whether suitable jobs, theoretically, exist in the regional economy for that person to perform despite the severe medical impairment that limits workplace activities for the applicant.

This area of law is heavily regulated by federal statutes and administrative regulations. If you are considering filing an application for disability benefits, you should begin by visiting your local or regional district office. For Branch County citizens, that office is located in Battle Creek. Hillsdale County residents use the Jackson office. Persons residing in St. Joseph County report to the Kalamazoo office. In those offices you will find staff members prepared to assist you in completing the initial application papers, and an assortment of helpful brochures and pamphlets available which describe in simple language the Social Security disability benefit system.

It is the opinion of Rocchio Law Offices that with few exceptions you should not have an attorney assist you with your application for Social Security disability benefits until you have been denied and have been informed that the next step is for you to file a request for hearing. At that point, you should act quickly since you are allowed only sixty (60) days to complete the filing of a hearing request.


If you have filed an application for Social Security disability benefits, and your application has been denied, and you have been notified in the denial letter that you now have the right to request a hearing, then you should seek the services immediately of an attorney qualified to assist you. It is very important that you use an attorney who understands the Social Security disability benefit system, how it functions, how to qualify, how to improve the applicant's prospects for a favorable decision.

Attorney fees are never payable unless there is a successful outcome. The standard fee is twenty five percent (25%) of the past due or retroactive benefits payable to the applicant, not to exceed Six Thousand dollars ($6,000.00). If an attorney indicates that a greater fee, or an hourly rate fee should be appropriate, exit at once from that attorney's office because you clearly are sitting in the office of either a cheat or someone who knows nothing about Social Security disability. Search for, speak with, and select carefully an attorney who is experienced, knowledgeable, and prepared to help you with presenting your case to the judge in a manner which improves the likelihood for the issuance of a favorable decision. Nothing is guaranteed. But, you can improve the odds in your favor with the right attorney working with and for you. That is for certain.