FAQs

What Areas Does O’Neil and Bowman Disability Group Serve?

We represent people before the Social Security Administration at all levels of appeals in the following communities but not limited to Virginia Beach, Norfolk, Chesapeake, Portsmouth, Suffolk, Williamsburg, Newport News, and Hampton. Across the NC border, we work with clients in Elizabeth City, Hertford, Edenton, Gates County, and the Outer Banks. If you are looking for representation in an area not listed here, please contact us to inquire!

Who is Eligible for Disability Benefits?

If your health makes it impossible to maintain gainful employment, you may be eligible to receive disability benefits. The Social Security Administration (SSA) makes evidence-based determinations which factor in the claimant’s condition(s), work history, and educational background. We can help assess your eligibility during a free case evaluation.

What’s the Difference Between SSI and SSDI?

Those with a substantial recent work history, who have paid into the Social Security system through paycheck deductions, may qualify for Social Security Disability Income (SSDI). Individuals who became disabled later in life tend to apply for SSDI.

To be eligible for Supplemental Security Income (SSI), you do not need a work history or record of paying into Social Security. This program is intended for individuals with limited resources who are currently unable to work, or have never been able to work, due to their disability.

What Type of Benefits Will I Receive if I Win?

IIn the case of SSDI benefits, you will receive a monthly check for the duration of your condition, or until your case is once again up for review.After the age of 65, you will no longer be eligible for SSDI and will transition to retirement benefits. SSI benefits, which are rarely terminated, amount to a monthly check.

How Long Will It Take to Receive My Benefits?

The time it takes to get an approval varies greatly depending on the case at hand, with some individuals waiting five or more months before receiving their decision. Unfortunately, even after you are approved, it may take another five months before you receive your benefits. In some cases, your first monthly check will arrive before back pay can be calculated and disbursed.

How are Disability Lawyer Fees Calculated?

Disability lawyer fees are set by Congress and approved by the Social Security Administration. Fees are limited to 25% of the past-due benefits you are ultimately awarded in court, up to a maximum of $7,200. For complex cases that require additional hearings or appeals, your lawyer has the right to petition the SSA for a limit override. Other out-of-pocket expenses such as the cost of copying, postage, and requesting medical records are calculated separately.

Explanation of the Hearing Process

Social Security’s Backlog and How It Affects the Timeframe of Claims

Updates Regarding Default Overpayment Recovery Rate?

Effective March 25, 2024, instead of withholding 100% of a Social Security disability benefit to recover an overpayment, the default recovery rate is now 10% of the monthly benefit. Until April 15th, Social Security notices will not show this adjustment. In the meantime, contact the SSA to request a manual adjustment for the lower rate. Even once the notices are updated in mid-April, the SSA warns that their systems might continue to withhold 100% automatically for a few months until full updates are made. It is essential to call the SSA for this adjustment.