Our Social Security Practice
Social Security Disability (SSDI) and Supplemental Security Income (SSI) benefits are available to individuals with disabilities that prevent that individual from participating in wage earning employment that meets the Substantial Gainful Activity (SGA) guidelines set by the Social Security administration.
SSDI is an insurance program in which eligibility for the benefit is established when the individual completes 20 quarters of wage earning employment meeting or exceeding the SGA guidelines in a continuous 40 quarter period. Five years of employment in a continuous ten-year period. Once eligibility is established the benefit is available so long as the onset of disability occurs within the period of insurance, usually, but not always, five years from the last wage-earning period.
SSI is a welfare program intended to provide a basic level of income, but the benefit is not high enough to meet even the federal poverty standard. There is no earning requirement for this benefit, but in order to receive it the individual must be disabled and the chargeable household income attributable to that individual cannot exceed the amount of the benefit.
SGA is a dollar value for monthly income that is adjusted yearly based on the cost of living adjustments for Social Security benefits. It is currently set at a little over $1,000.00 per month. If you are capable of earning more than that amount, you will not be found eligible for either SSDI or SSI benefits.
Both benefits require an application through the Social Security administration. That application can be completed online or by visiting a local Social Security Office. Frequently, however, the best choice is to make the application with the assistance of an attorney knowledgeable in the system. This is because an attorney is more attuned to the language that can be used in the application process that makes a positive outcome more likely. In addition, an individual applicant may not be able to complete the online application process in a single sitting and if they do not save, or later lose, the passcode that allows them to reenter the program it may be very difficult to complete the application process. A decision on the initial application can take six to nine months.
The majority of claims are denied following the initial application. This is especially true for individuals under 50 years of age, unless the disability is very severe. Having the assistance of an attorney in completing the initial application and subsequent paperwork improves the chance of obtaining a favorable decision. Our attorneys can assist you with the application process.
If the initial application is denied, a request for reconsideration must be completed. If there has been no change in the individual’s condition, the reconsideration will also likely be denied. The reconsideration process normally takes three to four months. If the reconsideration is denied, the individual can finally request a hearing before an administrative law judge. It can take more than a year to get a hearing date.
If the applicant has not yet obtained an attorney for assistance with the filing and subsequent paperwork (and it is the federal government so there is a lot of paperwork), it is highly recommended that the applicant obtain an attorney at this stage. The primary role of our attorneys is to make sure that the medical record is complete, and there is an assessment of residual functional capacity by a recognized medical provider. Our attorneys will try to get the right information from the medical provider in order to establish a physical capacity that is as favorable as possible to set the evidence that will be provided to a vocational expert at the hearing. Our attorneys will also make sure that the record includes testimony that the administrative law judge may not consider important, but which may create a basis for further questioning of the vocational expert or to provide a foundation for appeal of an unfavorable decision. Our attorneys are also in the best position to cross-examine the vocational expert or other medical experts who testify at the hearing. The assistance of our attorneys will significantly improve your chance for a favorable outcome.
When a favorable decision is finally reached, accrued retroactive benefits are paid from the filing date through the date of the decision. In SSDI cases the past due benefits are paid in a single lump sum payment. In SSI cases the past due benefits are paid in installments to avoid loss of entitlement based on the income requirements for SSI eligibility. Our attorneys accept a portion of those past due benefits as payment for services (i.e., contingency basis), which means the immediate cost of obtaining representation is limited to the costs of obtaining medical records and expert opinions. Our attorneys are paid directly out of those benefits so that it is not necessary for the individual client to plan for the payment of any attorney fee at a later date.
To learn more about our Social Security practice and how we can help you, please call us.