Social Security Disability claims
The Social Security disability process can be a long and complicated one. There are two types of disability claims: SSI and SSDI. SSI is a program for people who are disabled or over the age of 65 and have limited income and assets. Children may also qualify for SSI. The maximum SSI benefit in 2020 is $783.00 per month. There are a lot of complicated rules surrounding the amount of SSI benefits. In a nutshell, your benefits will be reduced if someone is providing you with food and shelter without expecting to be reimbursed or if you acquire any money either by working or as a gift. SSDI is for people who are disabled and have acquired sufficient quarters of coverage from work they have done in the past. They must prove their disability began before their coverage ended, i.e., before their Date Last Insured (DLI). The monthly SSDI amount is based on the individual’s earnings record. You can find out what your DLI is or was and how much your disability benefits would be by calling the SSA’s toll free number.
Once you know which program you might qualify for, SSI and/or SSDI, you need to determine if you are disabled. Disability, for Social Security purposes, means the inability to perform substantial gainful activity on a regular and sustained basis due to one or more medical impairments. In simpler terms that means that you have medical and/or mental health conditions diagnosed by a doctor that prevent you from performing both your past work and any other work in the national economy. That can be difficult to prove. We begin by asking you detailed information about your education, work history, and, of course, your medical conditions. We then find out what is already in your Social Security file, if you have a pending claim, and help determine what additional evidence will help you show Social Security that you really cannot work. This includes medical records, medical source opinions, educational records, work or vocational rehabilitation records, and statements from your family and friends. If your case is at the hearing stage, we help you prepare so that you will know what to expect. We understand that hearings can be extremely stressful. Our goal is to help you feel as confident as possible. Our job is also to present your case and ask you and any medical or vocational expert witnesses questions designed to show the judge exactly how your impairments limit your physical and mental functioning. If your case is at the appellate level, we review the administrative law judge’s unfavorable decision and give you a candid assessment as to your chances of winning an appeal versus reapplying for benefits.
Timelines - unfortunately, the Social Security disability process tends to be long and drawn out. Very few people are approved at the initial application level. We are thrilled when they are! If your application is denied, it will take about three months to get a reconsideration decision. If you are denied again, as most people are, it will take between 12 and 16 months for you to have a hearing. If you are denied at the hearing level, it will take another 12 months to get a decision from the Appeals Council. If you appeal to Federal Court, it will take between 6 months and 1 year for that decision to be rendered. If you win and your case is remanded, it will take another several months before you new hearing is scheduled. An appeal to the Ninth Circuit Court of Appeals typically takes at least 18 months. Given the long wait, especially at the appellate levels, it is a good idea to put your best case forward at the administrative hearing.
Most of the work the we do is on a contingent fee basis, which means that we do not get a fee unless you win your case. Our fee is a percentage of the back award subject to a cap set by the Social Security Administration. In Federal Court cases, we also seek fees pursuant to the Equal Access to Justice Act. Although we are required to charge you for costs, such as medical records, we make every effort to keep these to a minimum. In some cases, we will enter into non-contingent fee agreements subject to approval by the Social Security Administration.