Do I need an attorney to help me with my Social Security situation?


We encourage you to seek qualified assistance if you feel you are entitled to benefits. Delays could cost you monies you might otherwise be entitled to receive. We at Hartsell & Williams, PA would be more than happy to discuss your individual situation and will help you to find the best course of action for you.

How much does an attorney cost?


While we normally do not give free consults, we understand that certain individuals within the Social Security system simply do not have extra money to pay for professional help. We view each individual on a case by case basis and set up our compensation accordingly. Please give us a call and we can discuss your individual case.

Can I get a Driving Privilege after my arrest for Driving While Impaired?


Yes. Typically you can get a Limited Driving Privilege within ten days of your arrest if you meet certain conditions. It may not matter that you have a prior conviction, that you refused the Intoxylizer or had an accident. This Pre-Trial privilege can be prepared by an attorney so that you can be “back on the road” while you are waiting for the clerk to release your Drivers License after 30 days. In certain circumstances, you may be able to get a Privilege sooner than 10 days!

Can I get a Privilege even if I am found guilty of Driving While Impaired?


Yes. Typically you can get a Privilege allowing you to drive from 6:00 AM to 8:00 PM, Monday through Friday, plus “non-standard” work hours, to use for the one year that your license is revoked for Driving While Impaired as long as there are no “Grossly Aggravating Factors” in your case and you meet other conditions.

Can I get a Limited Driving Privilege even if I refused the Intoxylizer test?


Yes. If you meet the conditions of a regular Limited Driving Privilege and your case has been concluded and you have been suspended for a minimum of six months.

Do I have to do anything when I am stopped by the police?


You should be polite and respectful to the officer. You should tell the officer your name. You are not required to:

- Perform “Field Sobriety Tests”
- Take an Alcosensor test
- Take the Intoxylizer test at the jail or police station
- Make any admissions about anything

What happens if I refuse to take the Intoxylizer?


Your license will be revoked for thirty days for the civil revocation. Your license will also be suspended for one year. This suspension by DMV is different than the one year suspension from the court system. It is very important that you discuss these issues with an attorney to determine what can be done to protect your interests.

What do I do if I did not refuse but the officer says that I refused?


You have the right to a hearing to determine if you willfully refused to take the Intoxilyzer or give a proper sample. If you are going to object to the one year DMV suspension, then you MUST request a hearing when you get a letter from DMV regarding the suspension. If you do not request it properly, then you may not be allowed to a hearing. When you request a hearing, the suspension is held up until a hearing at DMV.

Can I get Limited Driving Privileges if I refused the Intoxylizer?


You are eligible to get Limited Driving Privileges, if you have no grossly aggravating factors. You may apply for limited driving privileges six months after your license has been suspended. You must have obtained an assessment and completed the recommendations from the assessment.

When should I file for disability benefits?


Social Security generally requires that an individual have an impairment that is permanent or has, or is expected to, last for not less than 12 consecutive months. If you have such an impairment, you should file right away. An initial consultation with a representative can often be helpful. A minimum amount of time is required since the initial determination is based on medical evidence, age, education, and past work experience. This consultation may help you eliminate, or avoid, future problems if an appeal is required.

How much work is required to qualify for disability benefits?


Basically you must have 5 years work out of the last 10 years prior to becoming disabled. These do not have to be 5 consecutive years.

How quickly will disability benefits be paid?


There is a 5 month waiting period before cash benefits are paid. No payment is made for or during these 5 months.

Will I qualify for Medicare if I draw disability benefits?


To Qualify for Medicare benefits you must receive cash benefits for a period of 24 months. However, if you reach age 65 in that 2 year period, Medicare may begin at age 65.

If I file for retirement benefits at age 62, does that prevent me from ever filing for disability?


No. Example: If after filing for retirement you have a severe impairment (for example, stroke or heart attack) you might qualify for disability. If you do qualify for disability after age 62 your monthly payment would be increased. You might want to discuss this with your representative.

When should I apply for retirement?


You should inquire and get an estimate at age 62. You may want to delay retirement because of health insurance considerations. Also there may be other benefits that you may qualify to receive.

How much will I receive if I retire at age 62?


Your basic benefits will be determined on the number of years you worked under Social Security and the amount of your earnings in those years. Your retirement benefit will be at a reduced amount if you file before your full retirement age (age 65-67 based on your year of birth).

How do I file for Survivor Benefits?


Social Security has a program set up with most funeral homes. The funeral home will notify Social Security of the individual’s death, date of death, and the next of kin’s name, address, and telephone number. Social Security will then call the next of kin for all needed information. If you have not been contacted by Social Security within four (4) weeks of the death, contact you nearest Social Security Office.

Will I need to wait for a death certificate?


Proof of death is required in all cases; however, the funeral home notice will often be all that is needed.

What types of benefits are survivors eligible to receive?


In general the following persons may be eligible to receive benefits:

- Minor children of deceased

- Adult children disabled prior to age 22. This includes children with Down Syndrome, Spinal Bifida or other severe development disabilities. Social Security must make a finding of disability before payment can be made in any case.

- Widows/widowers age 60 or older

- Disabled widows/widowers age 50 or older

- A one time lump sum death payment of $225.00 in certain limited cases