Social Security

and Disability Law

What is Social Security Disablity Law?

Social Security disability law consists of the rules used to decide who will qualify for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits, and how much money they will receive. Because these are federal programs, state and local laws do not apply. The rules can be found in the Social Security Act as it appears in Title 42 of the United States Code, as well as in the published regulations and rulings of the Social Security Administration (SSA).

SSDI benefits are meant for adults who become disabled and unable to work for at least one year. Benefits are only available to those who have paid a sufficient amount into the system (through payroll taxes), and have not yet reached retirement age. Dependents of people receiving SSDI may qualify for benefits as well. SSI serves a different purpose. It is designed for disabled people with little or no income, regardless of whether they have paid anything into the system.

Frequently Asked Questions

Most frequent questions about SSDI

How do I qualify for Social Security Disability benefits (SSDI)?

To even be eligible for SSDI, you need to be “insured for benefits.” In other words, you need to have worked enough over a period of time during which you were also paying Social Security taxes. You also have to have worked recently enough that your coverage hasn’t lapsed.

If you currently are working and earning more than $1,310.00 per month, you will generally not be eligible to make an application for SSDI.

If you are insured for benefits and are earning less than $1,310.00 per month, you will next need to prove that you are unable to work for a year or more due to your disability.

Do I need to have a lawyer to apply for Social Security Disability benefits (SSDI)?

The short answer is “no”, you are not required to have an attorney represent you on your application or even your appeal for Social Security Disability benefits.

However, having an attorney who understands the process and who can ensure that all of the records and information necessary to support your claim are submitted and considered can provide confidence and peace of mind. A good SSDI attorney will develop knowledge and understanding of your case and be able to help you make the strongest claim possible.

This means that you will feel supported and informed throughout what can be a confusing and drawn out process for many people. It may very well also lead to better outcomes, and better outcomes sooner, than you might see without an attorney.

How much will it cost me to have a lawyer represent me in my case for Social Security Disability benefits (SSDI)?

There should be no upfront cost to have an attorney represent you in your case for Social Security Disability benefits.

Typically, with initial applications or appeals of denials on initial  applications, attorneys only get paid if you win your case. If your claim is successful, your attorney’s fees will be paid directly out of your award of benefits dating back to the reported onset of your qualifying disability.

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