Social Security Disability

Each disability program, SSI and SSDI, has medical and non-medical requirements. Understanding these differences is crucial in determining which program fits you best. For instance, if you have worked for a sufficient period and paid Social Security taxes, you may be eligible for SSDI benefits. On the other hand, if you have limited income and assets, you could qualify for SSI.  

The medical criteria for adults applying for SSI and SSDI are the same. You must be disabled with a medically determinable physical or mental impairment expected to last for at least one year or cause death. The impairments must prevent you from doing substantial gainful activity. An SSD lawyer can determine which program is right for you. 

The process begins with the completion of an application for benefits. The Social Security Administration reviews the application to determine if it meets the non-medical requirements for eligibility. 

Applications that meet the non-medical criteria for eligibility next go to the Disability Determination Services office for further review to determine if the claimant is disabled. The time it takes for an application to make its way through the review process varies from a few months to more than a year, depending on the workload of the DDS office. It takes longer when the claims examiner needs additional medical information, and your doctor’s office fails to respond in a timely manner. A disability lawyer can help move the application along by working with your medical providers to ensure prompt responses to requests for information.  We also provide important case-specific strategies to help establish your theory or theories of disability. 

You have the right to challenge a claim denial through an appeal process, but you must act quickly because you typically only have 60 days to file your appeal:  this timeline starts from the receipt of your denial, and the SSA typically assumes you receive your denial within 5 days unless you can prove otherwise.  The steps in the process include a Request for Reconsideration, an informal Hearing before an Administrative Law Judge, a Request for Review by the Appeals Council, and a civil federal United States District Court review. 

Some people choose to represent themselves, but the Social Security Administration reports that people with representation are three times (3x) more likely to be successful than people who represent themselves. SSD lawyers know the law and what’s needed in terms of evidence to establish a solid and successful claim for benefits. 

The Social Security Administration controls what disability lawyers can charge for their services. Fees are 25% of the back payments you are entitled to up to the administrative statutory maximum, currently set at $7,200. Fees are paid on a contingency basis, which means you owe nothing unless you win. Different fee arrangements apply to appeals in federal district court.