Social Security Disability Lawyers: Applications, Appeals and Hearings

Most first applications are. The common reasons are not dramatic: the medical evidence in the file did not yet show how limiting the condition is, treating records were incomplete or had not been requested, the condition was not expected to last long enough to meet the duration requirement, earnings were above the level treated as substantial work, or paperwork and deadlines were missed. Nearly all of those are fixable on appeal.

Social Security is predisposed to deny as many cases as possible at the early levels both to save costs and attempt to dissuade potential claimants from pursuing the case further whether their case has merit or not.

In most cases appealing is the better route. An appeal keeps your original filing date alive, and that date is what determines how far back any benefits can be paid. Starting again usually resets it, which can cost you months of back pay even if you are eventually approved. There are exceptions, so it is worth asking before you decide.

Typically, a disability case from filing to hearing date takes roughly 18-24 months. This timeframe can change dramatically if the claim is approved at the initial level, or is denied administratively and must be filed to Federal Court. If approved at the initial level, it often can take 7-9 months to be resolved. If the case proceeds to Federal Court, the case can take from two to four years.

You are not required to have one. A hearing is nonetheless a formal proceeding in front of an administrative law judge, often with a vocational expert giving evidence about what work someone with your limitations could still do. Representation means someone has prepared the medical record, knows what the expert is likely to say, and can question it. Because the fee comes out of past-due benefits rather than out of pocket, it does not cost you anything to have someone there.

You can apply, but earnings above the level treated as substantial work will generally defeat a claim, regardless of how difficult the work is for you. Reduced hours, or an attempt to return that fails because of your condition, can actually support a claim when properly documented. Because this is easy to get wrong, take advice before changing your work situation.

It matters a great deal that you are seeing someone regularly and that your records describe what you cannot do, not only what you have been diagnosed with. A treating source who knows you over time carries far more weight than a one-off examination, and consistent treatment is itself evidence that the condition is as limiting as you say.

SSDI is based on your work record and the Social Security taxes you paid; SSI is needs-based and looks at income and resources instead. The medical test is the same for both, and some people qualify for both at once. Which applies to you changes what you are paid and when health cover starts.

Claims are reviewed periodically to check whether the condition still meets the test, and how often depends on whether improvement is expected. Returning to substantial work is the most common reason payments stop. There are also programs designed to let people try returning to work without immediately losing everything.

This is different depending on an SSDI claim vs. an SSI claim. In an SSDI claim, back pay can retroactively be paid up to a year prior to the date the claim is filed. In an SSI claim, back pay begins one month after the date the claim is filed.

Usually, yes. Disability work runs largely on medical records and hearings rather than on being nearby, so we are able to represent disability clients well beyond our four office cities.