Frequently Asked Questions
Am I eligible to apply for Social Security disability benefits?
Generally, you are eligible to apply for Social Security Disability benefits if you suffer from any injury or illness that prevents you from working for at least 12 months, you have been treating with a doctor, and have a diagnosis that supports your claim. Your medical condition must meet Social Security’s definition of disability.
Contact me for a free consultation to determine if you may be eligible for Social Security Disability benefits.
What is the difference between SSDI and SSI?
SSDI is available to workers who have sufficient quarters based on taxable work income paid into Social Security. Monthly disability benefits are based on your Social Security earnings. Although there are exceptions, in most cases, you must have worked the last 5 out of 10 years. SSDI is a benefit for those who had a relatively steady work history for a period of time prior to becoming disabled.
SSI is a needs-based benefit for those who may not have worked or who worked for only a short period of time. SSI is supplemental security income for people who have limited income and assets. The amount of SSI you can receive is a set amount that changes yearly based on the maximum federal benefit rate.
How do I apply?
All clients are given personal attention. I will meet with you and put together a comprehensive application for review by the Social Security Administration. Your application will be completed thoroughly and accurately with fully supported medical and work history documentation increasing the chance that you will be approved on the initial application. I file the initial application and all supporting paperwork, eliminating all worry for my clients. Consulting with an experienced Social Security Disability lawyer maximizes your chance of getting your claim approved the first time and will help you obtain benefits as quickly as possible.
What if I am denied?
Denial of an initial application is common. If you are denied, you have sixty (60) days to file an appeal. I will help you to file an appeal and request a hearing before an administrative law judge. I will work closely with you and your doctors to document your case, and will gather your medical records for you. I testify on your behalf at the appeal hearing, and I will make sure that you are prepared to testify at the hearing, so that you are able to answer any questions from the administrative law judge about how your medical impairments affect your daily life and your ability to work. If your case is successful, you may be eligible to earn back benefits.
What is the fee?
Consultations are free, and all cases are handled on a contingency basis, which means there is only a fee if I am successful in winning your case. If successful, I am paid directly by the Social Security Administration. My fee is based on a percentage of your lump sum benefits and is governed by the Social Security Administration.
What are back benefits?
Social Security has a built-in delay period. Your onset date is another term for the date that Social Security believes your disabilities made you unable to work. This is the date that you are eligible for benefits. However, Social Security does not actually issue payments until the 6th month after the onset date.
If you want to apply for SSDI or SSI, or have to appeal your case, your approval may not come until months after your onset date. When your payments begun, Social Security also pays out benefits that you should have received in the time between your onset date and the date of your first payment. These are called back benefits.
Can I work and still receive Social Security disability benefits?
You can work and still receive SSDI or SSI, but there are specific limitations. I can advise you on how you can work and continue to receive disability benefits.
Will my Worker’s Compensation Benefits be affected by Social Security disability benefits?
In some cases, there are offsets or reductions against your Social Security Disability benefits as a result of worker’s compensation benefits you may have received during the same period of disability. This must be reviewed on a case by case basis. Generally, private pension benefits do not offset or reduce Social Security Disability benefits.
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