Frequently Asked Questions Regarding Social Security Disability Benefits
Q. What are Social Security Disability benefits and how can I get them?
A. Social Security Disability benefits are monthly payments that you may be able to receive if you are “disabled” and unable to work for at least one year. The Social Security Administration (SSA) handles two types of Social Security disability benefits: (1) Social Security Disability Insurance (SSDI) and (2) Supplemental Security Income (SSI).
SSA has very specific rules for determining which applicants are “disabled,” and the qualifications for receiving SSDI and SSI benefits are different.
To qualify for SSDI benefits, you must have worked long enough, pay into Social Security taxes, and have earned enough work credits. If you do not qualify for SSDI benefits, or if the amount will be low, then you may be able to qualify for SSI benefits. SSI is a needs-based benefit for disabled individuals. Accordingly, if you have limited or no income, and limited or no assets, then you may be able to qualify for SSI benefits. Disabled children with parents of limited income and resources may also be able to qualify for SSI benefits.
If you are unsure whether you qualify for either type of disability benefit, then you can contact your local Social Security office, call the national Social Security number at (800) 772-1213, or speak with an attorney who specializes in social security disability law. Attorney Cory A. DeLellis specializes in social security disability law and can help you understand whether you may qualify for social security disability benefits; and if so, which type.
Q. How do I apply for Social Security Disability benefits?
A. To apply for Social Security Disability Insurance benefits, you can go online at SSA.Gov to file, or you can contact your local Social Security office to apply. If you do not have the phone number to your local Social Security office, then you can call the national Social Security number at (800) 772-1213. An attorney can also assist with the application.
To apply for Supplemental Security Income (SSI) benefits, you should contact your local Social Security office. If you do not have the phone number to your local Social Security office, then you can call the national Social Security number at (800) 772-1213.
Q. What should I expect after I file my application?
A. The wait time greatly varies, but it will generally take the Social Security Administration (SSA) on average 5 to 11 months to make a decision on your application. Unfortunately, because most applications are denied, the majority of applicants will often wait anywhere from 1.5 to almost 3 years on average for their claim to resolve.
If your application is denied, then you can file an appeal. You can have an attorney do this for you. The wait time greatly varies, but it will generally take SSA on average 6 to 12 months to make another decision. Unfortunately, approximately 88% of claims are denied at this reconsideration level.
If your application is denied again, then you can file a second appeal which will be the request for a Hearing before an Administrative Law Judge (ALJ). An attorney should also be able to do this for you. Once you file this second appeal, it will take SSA on average 8 to 14 months to schedule you a Hearing before an ALJ. The wait time to see an ALJ greatly varies per person and depends on a lot of factors. Most people with an attorney will win their claim before an ALJ at the Hearing level.
Q. Why should I hire an Attorney?
A. No one is required to hire an attorney, however, an attorney can certainly help make the process easier, identify the legal issues in your case, strengthen your claim, help you obtain the maximum benefits, make appropriate arguments, and take necessary action. Plus, there are no upfront fees to hiring an attorney. An attorney only gets paid if your claim gets approved and you receive benefits.
If you are still unsure whether to hire an attorney, you should ask for a free consultation from an experienced attorney to find out what your best options are.
Q. When should I hire an attorney?
A. You should consider hiring an attorney if you need help with the application, if your application is denied, if you need to file an appeal, or if you are going to a Hearing before an Administrative Law Judge (ALJ). Attorney Cory A. DeLellis provides free consultations to help determine if and when it is appropriate to hire legal counsel.
Q. How much does it cost to hire an attorney?
A. There are no upfront fees to hiring an attorney. A Social Security Disability attorney only gets paid if your claim gets approved. If your claim gets approved, then the attorney can only collect 25 percent of your back pay. Your back pay includes the eligible months you have been waiting to receive your disability benefits – but have not yet received them. Further, SSA adds a cap on the amount of money that an attorney can collect if your case is approved; this cap is currently set at $9,200.
In other words, an attorney cannot get paid unless you win your claim. If you win your claim, the attorney can only collect 25 percent of your back pay, or $9,200, whichever is less.
For example, let’s say that you win your claim, and you receive $2,00 of ongoing benefits each month. If Social Security owed you $16,000 in back pay (for all the months that you have been waiting to get your claim approved and paid), then your attorney would only be entitled to collect $4,000 total in attorney fees. However, if Social Security owed you $100,000 in back pay, then your attorney would be limited to collecting $9,200 total in attorney fees.
Q. How can I speed up the processing of my claim?
A. Generally-speaking, SSA can expedite, or speed up, the processing of your claim if: (1) you are in a dire need situation (i.e., homelessness or imminent danger of homelessness); (2) there is an issue with personal or public safety; (3) you have a terminal illness; (4) your disability falls under one of SSA’s compassionate allowances; and (5) you are a wounded warrior.
If any of these situations apply, then you should notify SSA right away and make a request to expedite the processing of your claim. An attorney should be able to do this for you. It is recommended that you or your attorney furnish any documentation to SSA in order to support your request (e.g., an eviction notice, VA report, a medical report with the terminal diagnosis).
Q. Can I work while I have an active Social Security Disability claim?
A. You can technically work, but it could possibly jeopardize your social security disability claim. SSA defines “disability” as the inability to do substantial gainful activity, and there are a lot of factors involved. You should first speak with your Attorney before engaging in any work. If you do not have an attorney, then you should contact your local Social Security office and speak with an agent before engaging in any work.
Q. What is the maximum attorney fee for Social Security?
A. There are two ways to calculate attorney fees. The maximum amount that you would owe is $9,200. This is the upper limit that should never be exceeded. However, you technically have to pay whichever is less between $9,200 and 25% of the past-due benefits. You may not have to pay the full $9,200, but that is the maximum you should expect.
Q. What is the five-year rule for Social Security disability?
A. When the Social Security Administration determines if someone is eligible for benefits, one of the steps they take is review the applicant’s relevant work history. In the past, the agency had to look at detailed work information going back a full 15 years. This meant that applicants were obligated to provide a significant amount of information, and it took a long time to analyze these applications.
But on June 22, 2024, a new rule took effect. The SSA now only reviews the last five years of a person’s work history, simplifying and expediting the process. The administration believes this will still give them enough information for an accurate determination of eligibility while making the process easier for both the administration and the applicant.
Q. What is the hardest disability to prove?
A. The hardest disabilities to prove are those where the conditions are subjective and there is no definitive test to confirm the diagnosis and demonstrate the extent of the disability. For instance, there are some conditions, such as Ehlers-Danlos Syndrome or fibromyalgia, where the main factor is chronic pain. But this can be harder to diagnose and demonstrate than something like a spinal cord injury. It can also be difficult to prove disabilities that are mental health disorders, such as depression, anxiety or post-traumatic stress disorder.
The key to proving these disabilities is showing consistent symptoms and the issues or limitations that they create within the person’s life, perhaps by keeping a pain diary, showing medical records from repeated treatments and similar evidence. In many cases, these types of issues are referred to as “invisible disabilities” because they are not as obviously apparent to outsiders as some physical disabilities, like those that create mobility limitations. But issues with chronic pain or mental health conditions certainly can qualify as disabilities, so people just need to know what steps to take to gather appropriate evidence and build their case.