It is not necessary to hire a lawyer, but claimant’s with an experienced and knowledgeable representative have a much higher chance of being approved. In 2019, 47% of all SSDI application were denied for technical reasons. An experienced representative can help you file a thorough and complete disability application.
Most Social Security Disability lawyers do not charge any upfront costs or fees. They work on a contingency fee, which means they do not get paid until you are approved for disability benefits. The most common fee agreement used for Disability attorneys is a fee of 25% of any backpay received, up to a maximum of $7,200.
Social Security Disability Insurance (SSDI) is a program for disabled working adults who have worked and paid Social Security taxes and earned work credits. These work credits allow an individual to be eligible for the SSDI program.
Supplemental Security Income (SSI) is a program for disabled adults who have not earned the necessary work credits for the SSDI program. SSI is a resource-based program, which means eligibility and payments will be based on the need of the claimant, as determined the SSA.
A claimant cannot engage in “substantial gainful activity” (SGA) and receive benefits. If you are working at, or above the SGA level, during your application process, you will be denied on that basis alone. However, there are exceptions to this rule.
When you are approved for benefits, the amount of your benefits is first determined by which benefit program you were approved under.
If you are approved under the SSDI program, your benefit amount will be determined by the amount of taxes paid into the Social Security program through your taxable income. The maximum amount available is $3011/month. This amount is determined by Social Security and is available by logging in to your “my Social Security” account at https://www.ssa.gov/myaccount/, or by calling 1-800-772-1213.
If you are approved under the SSI program, your benefit amount is determined by the amount of resources available to your and/or your household. The maximum benefit amount is $783/month for individuals. SSA will calculate your resources and make a final determination on your monthly benefit amount.
To prove you are disabled, your attorney must go through the sequential evaluation process that Social Security uses to prove disability. That process is:
The Social Security Disability process can be a lengthy one. Some claims are approved in as little as 3 months while others can take several appeals and several months, even years to be approved. It is important that you have an experienced disability attorney to help you with this process so the time can be shortened.