The process of waiting for progress on your disability claim can be long, frustrating and discouraging. Know that we will do everything in our power to help you through this difficult time. One of the best tools to help you manage frustration is knowledge. The more you know about the process, the more empowered you are to deal with the emotions that might arise.

Start by carefully reviewing the process page on this site, where we’ve outlined every step in the process and the amount of time you can expect to wait for responses at each stage. You can also review the list of frequently-asked-questions, below, to learn even more. But rest assured—at every stage of this process, you are not alone. We’re here to help you, to guide you, and to listen to your needs.

FAQs

Q: How do I pay you?

A: There is no charge for your initial consultation. And if we take your case, you do not pay us unless we are successful in winning your claim. Once we win, our fee depends on your back pay. In most cases, the fee will be 25% of your back pay up to a maximum fee of $6,000.00. The fee can be higher if, and only if, the claim must be appealed to the Appeals Council or the Federal Court. But even then, it will never exceed 25% of your back pay, as a matter of law. It is most important for you to remember: there is NO FEE UNLESS WE WIN.

Q: Will I owe you the “costs” associated with developing my case?

A: At Gaglione and Dumas, we will not charge you costs unless we win your case. In every case, we will need to obtain information from your doctors, this includes medical records, and in some cases, medical examinations. They will charge us for everything we request. We try to keep your costs down as best we can. We will advance the costs in your case, but when your case is won, you will need to pay us back. This reimbursement of costs is governed by the rules of the Florida Bar. It is also explained in your Fee Agreement. But it is most important for you to know: there are NO COSTS UNLESS WE WIN.

Q: How important is it for me to see my doctors?

A: VERY IMPORTANT! You should see your doctor as regularly as necessary and follow all physician advice. We need medical evidence to prove you are disabled. You should be sure to tell your doctors every complaint and symptom that you are having. You should get referrals to specialists any time you have a problem your doctor can’t handle. You should see a psychologist if you are having depression, anxiety, or any other mental health issue.

Q: What do I do if I have no health insurance or if I lose my insurance?

A: LET US KNOW IMMEDIATELY. We can help you find free medical care in the community. This is of utmost importance to your case. You must have medical treatment to prove you are disabled.

Q: Should I advise you of changes in my medical status?

A: Yes! Please call us to advise any time you have a new doctor, prescription medication, diagnosis or surgery. We will update your file with the information you provide.

Q: Can I work?

A: This is a complicated issue and requires a conference with your attorney. It is important that you let us know if any work activity while your claim is pending. If you find yourself in a dire situation and need to try a job, please call us to discuss this matter.

Q: Can I collect Unemployment Benefits?

A: Collecting unemployment benefits is often viewed by the Social Security Administration as inconsistent with a claim for disability benefits. This is because in order to collect unemployment, you must state that you are “ready, willing and able” to work. To collect disability, you must state that you are “100% unable” to work. Therefore, please advise your attorney if you are collecting unemployment benefits so we can address this matter at your hearing.

Q: What can I expect as correspondence from your office?

A: You should have some contact with our office at least once every three months. We will send you status letters to keep you advised of the progress in your case. We will not send you copies of all medical records or all of our correspondence with Social Security. However, if you wish to review or obtain any records from your file, please schedule an appointment to see your file and request specific records that you need. Please know that, by law, certain files may not be released, even to a client.

Q: How can I speak to my attorney?

A: Many questions can be handled quickly and efficiently by our qualified legal assistants. At Gaglione and Dumas, we pride ourselves on our well trained, knowledgeable and experienced staff. The attorneys are often out of the office in hearings and unavailable to speak with you promptly. If you wish to speak to your attorney, please call the office to schedule a phone conference. By doing so, the attorney will be prepared and ready to discuss your case with you. We do ask for your patience and your trust that we are making every effort for you. Even if it takes a few days, you will find this procedure better serves you because your attorney can give you undivided attention when you speak.

Q: Can’t you speed up the process? I am about to lose everything!

A: We can ensure that your case proceeds in a timely manner by making sure all paperwork is submitted on time, your relevant medical records have been submitted, and that the legal basis for disability has been presented. The Social Security Administration is not legally bound by any deadlines and they are not moved by urging, nagging, pleading, etc. Therefore, repeated phone calls to them will serve no purpose. In some instances, we can request an On The Record decision which shortens the wait time for a hearing. However, this depends on the facts of your case.

The wait for a hearing is long and we know that. We understand and sympathize with your dire financial situation. We have met with the Chief Judge about this and he has given us stern instruction about when we may request an expedited hearing. 1.) If you have received a foreclosure notice and are about to lose your home, or 2.) Your condition has been diagnosed as terminal. If either of these conditions arises for you, contact us immediately. Otherwise, we ask for your patience and trust that we are doing everything we can to prepare for your day in court.

Q: How can I help with my case?

A: We’re glad you asked. Here’s how:

  1. By keeping us advised of any changes in your situation.
  2. By keeping your medical appointments.
  3. By keeping the faith that Gaglione and Dumas is working for you.