A person who becomes totally disabled from any sort of work is entitled to Social Security disability benefits. Unfortunately, many people with meritorious claims are denied benefits. Over the years, we have been highly successful in appealing such cases and winning benefits for our clients.

What is Social Security Disability Insurance (SSDI) and who qualifies?
Two types of disability benefits exist - Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

SSDI is payable to disabled workers, disabled widows and widowers or adults disabled since childhood who are otherwise eligible. To qualify for these benefits, you must be unable to perform work of any kind and your disability must be expected to last at least one year or result in death. You must also have worked long enough and recently enough under the Social Security system.

If you receive disability benefits, the benefits will not begin until six months after your disability began. The disability onset date is determined by the Social Security Administration (SSA). In addition, you must wait two years from the date of disability before you can receive Medicare benefits.

What is Supplemental Security Income?
The other type of disability benefits is Supplemental Security Income. SSI is a income assistance program for adults or children who are disabled or blind, who have limited income and resources and who meet other eligibility requirements. The monthly benefits vary between states and the amount changes periodically.

How do I apply for Social Security benefits?
There are several ways to apply for benefits. First, you can file an application at a local SSA office. Second, you can call SSA at 1-800-772-1213 or its TTY connection at 1-800-325-0778. Third, you can apply online at http://www.ssa.gov/applyfordisability.

How is my claim decided?
SSA receives numerous applications for disability benefits. Because of the large volume of applications, it can take a long time to receive a decision. If your first application is denied, you have 60 days to request a reconsideration of your claim. If that application is denied, you have 60 days to request a hearing before an Administrative Law Judge (ALJ).

It will take several months before the ALJ hearing is scheduled. If the ALJ denies your claim, the next course of action is to file an appeal with the Appeals Council. The appeal must be filed within 60 days of the ALJ decision.

The Appeals Council will take about two years to review the ALJ’s decision. If you are denied by the Appeals Council, you can file an appeal in Federal Court.

Do I Need a Lawyer?
You do not need a lawyer to file a claim or represent you at any stage of the review process. However, it is often necessary to pursue benefits through an ALJ formal hearing. Evidence must be gathered and presented, as in court. Factual and legal argument must be presented here, in the Appeals Council and in Federal Court. No one seeking benefits should be without a lawyer in these settings.