Questions and Answers

Getting Social Security Disability is a complicated process. We've provided you with information about the questions many of our clients have asked. If your question isn't addressed here, please email us and we will get you the information you need.

How much does it cost to hire an attorney to help me get disability benefits?

Until you are successful in being awarded disability benefits, there is usually no fee for legal services. For the majority of cases, the fees are set by the Social Security Administration and are one-fourth of the back money due to you, or no more than $5,300.

When you are awarded disability insurance benefits, you are given a date when you are declared disabled (usually at the time you filed your application) and you receive three fourths of the money due you from that time to the present while one-fourth goes to the attorney. Remember, if we do not win benefits for you, you owe us nothing.

What determines if a person is disabled or not?

There is no specific formula that determines whether a person is disabled. That is one reason the process of being declared disabled is so complicated. Two people could have the exact diagnosis and one could be determined disabled and the other one not.

The difference may be in the information presented, including medical information, details of symptoms and how they affect a person’s ability to do certain work or perform certain activities, how long the symptoms have been present or are expected to last, etc. A person's age, work history, mental and physical health, education and earnings are also part of the criteria.

Trying to figure out exactly what you need in your application or reapplication and preparing to present information at a hearing requires experience and expertise. A social security disability attorney is the best expert to help you get accurate and complete information to SSA examiners and judges.

What does my work history or education have to do with disability?

Social Security Disability Insurance is funded by payroll taxes and is for the benefit of those who are insured. That means you have to have paid payroll taxes for five of the last 10 years and determined disabled and unable to work for at least 12 months. Your must also have become disabled before reaching retirement age.

The type of work that you have done and the education and training you have received are taken into consideration when making a decision about whether you could be employed even if currently you are not. Again, an experienced attorney can help you present the information about yourself that can best answer any questions about employability and disability.

How long does it usually take to obtain benefits?

The timeline for a typical case depends greatly on the number of cases in the system and any complications regarding your information. This is a good example of how an attorney can cut down the timeline. Having an expert help you collect your information and keep track of deadlines can avoid any delays and greatly speed up the process for you.

Since over 60% of cases are denied on the first application, there are considerable delays of several months for most people. The rates for success of applicants who hire attorneys are far greater than those who do not.

Can I hire an attorney if the Social Security Administration has already turned me down?

You can hire an attorney at any point in the process. Many people initially file an application themselves. When they are denied, they sometimes give up since they don't understand what else they can do to win their case. Our attorneys understand the process and what it takes to obtain approval for benefits.

We can assist you with your initial application, a reapplication or represent you at subsequent hearings as you go through the process. The sooner you hire an attorney, the less hassle it will be for you and the greater your chances are for a speedy success in obtaining benefits.

If I am helping someone else apply, can I hire an attorney for them?

Often family members assist loved ones with their application for benefits. When you contact us for information, we can tell you what we need in order to help you and represent your family member or friend.

I'm still confused about different kinds of benefits. What is the difference between SSI and SSDI benefits? Can a person get both?

Social Security Disability Insurance (SSDI) is for insured workers, their disabled surviving spouses, and children (if disabled before age 22) of disabled, retired or deceased workers. Supplemental Security Income (SSI) is for people with little or no income or other financial resources. Some people qualify for SSI while they are in the process of applying for SSDI.

We will be happy to provide you additional information about these two programs when you contact us.

How long do I have to be disabled before I can apply?

You can apply immediately when you are disabled and can no longer work. However, you must be able to prove that your disability will last for at least 12 months in order to be eligible. Our experienced legal staff can help you determine when you should apply.

For more information about aspects of SSDI, please visit the Social Security Administration website at www.ssa.gov or email us with your specific questions.