Frequently Asked Questions

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According to the Social Security Administration, an applicant can be found to be disabled if he or she:

• has a listed impairment,
• has a severe impairment that is equal to a listed impairment,
• has a severe impairment when medical and vocational factors are considered, or
• had previously established entitlement to a disability benefit.

An applicant can be denied benefits if he or she:

• has an impairment that is not expected to last 12 months,
• has an impairment that is not considered severe,
• can perform his or her usual type of work,
• can perform another type of work, or
• provides insufficient medical evidence, fails to cooperate, fails to follow prescribed treatment, does not want to continue development of the claim, or returns to substantial work before disability can be established.

There is an age limit for those eligible for SSDI (Social Security Disability Insurance) benefits. SSDI benefits end and switch to “Retirement Benefits” once a claimant reaches “FRA” full retirement age. This age can change each year, and for those born after 1956, it will be age 66 or older, depending on the year of birth.

There is also an “Earning Credit” requirement for receiving SSDI. You must have worked five of the last ten years “on the books” and paid into the SSDI system to qualify. The Social Security Administration determines whether you have enough earnings credits when you file. The earnings can be minimal, even just a few thousand dollars per quarter. So, don't hesitate to file, even if you earned only a little. If you don't have enough credits for SSDI, you might still qualify for SSI, or “Supplemental Security Income” benefits. 

The most common disabilities that qualify for Social Security benefits include:

1. Musculoskeletal Disorders: Conditions like arthritis, back pain, or other chronic pain disorders.
2. Mental Disorders: This includes depression, anxiety disorders, bipolar disorder, schizophrenia, and other mental health issues.
3. Cardiovascular Conditions: Heart disease, heart failure, and other related cardiovascular problems.
4. Neurological Disorders: Conditions such as multiple sclerosis, epilepsy, Parkinson's disease, and amyotrophic lateral sclerosis (ALS).
5. Respiratory Disorders: Chronic obstructive pulmonary disease (COPD), asthma, and other severe respiratory conditions.
6. Cancer: Various types of cancer, especially those that are advanced or have significant treatment impacts.
7. Endocrine Disorders: This includes diabetes and conditions affecting hormone production.
8. Digestive Disorders: Severe gastrointestinal issues, such as Crohn’s disease or ulcerative colitis.
9. Vision and Hearing Impairments: Significant loss of vision or hearing that affects daily living.
10. Autoimmune Disorders: Conditions like lupus, rheumatoid arthritis, and other disorders that impact the immune system.

Each case is evaluated individually, and applicants must provide medical evidence to support their claims.

Determining Eligibility: The first thing we will do is check to see that you meet the eligibility criteria set by the Social Security Administration (SSA) for Social Security Disability Insurance (SSDI.) This includes having a qualifying disability and sufficient work history.

Submitting Your Application:  Since the SSA requires each individual to complete and submit his or her own initial application, we will send you simple instructions on how to get this part done. It can be done online through the SSA website, by phone, or in person at a local SSA office. The application will require detailed information about your medical condition, work history, and daily activities.

Gathering Documentation: We will collect all necessary medical records, work history, and any other relevant documentation that can support your claim, including:

Medical diagnoses and treatment history:

• Doctor's notes and test results
• Work history and earnings records
• Personal statements describing how the disability affects daily life

The ReviewProcess: After submission, the SSA will review your application. This process can take several months. They may reach out to us for additional information or clarification.

Medical Evaluation: In some cases, the SSA may require a consultative examination (CE) to assess your medical condition further. We will guide you through this entire process.

Receive a Decision: The SSA will issue a decision on your claim. If approved, you will be notified of your benefit amount and when payments will begin. If denied, you will receive a letter explaining the reasons for denial. DO NOT BE DISCOURAGED IF YOU ARE DENIED! 

Appeal if Necessary: YOU HAVE THE RIGHT TO APPEAL AND MANY CASES ARE WON AT THIS LEVEL. The appeals process includes several levels, such as reconsideration, a hearing before an administrative law judge, and further appeals to the Appeals Council or federal court if necessary. In the unlikely event that your case advances to the federal level, we will have a licensed, qualified attorney represent you in the federal appeals process.

Receive Benefits: If your claim is approved, you will start receiving benefits.

Seeking assistance from an advocate to navigate this process will improve your chances of approval.

Each case is unique, and the fact is that many individuals face denials at both the initial and reconsideration stages. Typically, it takes around nine to twelve months to obtain the first decision, but this timeline can be extended if Social Security requires you to undergo a medical evaluation with one of their doctors. Decisions at the reconsideration stage usually come more quickly. If your claim is denied during reconsideration, we will file a request for a hearing. Several factors, including your specific jurisdiction and the caseload for some administrative judges will determine how quickly a hearing can be scheduled. 

There is no upfront charge to represent you in your case. We work on a contingency basis, so if your case is approved at the initial, reconsideration, or first level hearing, the fee is 25% of your retroactive benefit or $9,200, whichever amount is lower. If your case goes to the Appeals Council and becomes approved, the fee is the full 25% of your retroactive benefit amount.