Social Security Disability

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Social Security Disability: A Lifeline for Millions of Americans

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The federal Social Security Disability Insurance (SSDI) program provides cash payments to people who have a disability that keeps them from working. SSDI funds are derived from payroll taxes. Individuals are eligible to receive Social Security disability if they have a qualifying medical condition and have accumulated enough “work credits” through their employment history. More than 8 million Americans receive disabled-worker benefits from Social Security. But qualifying is difficult, and most initial applications are denied.

Types of Social Security Benefits:

1. Social Security Retirement Benefits (SSRB)
2. Social Security Disability Insurance Benefits (SSDI)
3. Supplemental Security Income (SSI)

Eligibility

Two federal programs exist to provide monthly benefits to people with disabilities, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). The application and appeals process are the same for both benefits. It is possible to collect SSI and SSDI concurrently, but most people qualify for one but not the other.

Overall, both programs share the requirement that you must meet the SSA’s definition of disability, meaning you have a medical condition expected to last at least one year or result in death, which prevents you from working and earning a living – known as engaging in substantial gainful activity (SGA).

To be eligible for Social Security Disability Insurance (SSDI) benefits, you must:

  • Be between the ages of 18 and 65
  • You must have worked long enough – and recently enough – to qualify for disability benefits. Generally, you must have worked for at least 5 of the last 10 years.
  • have a medical condition that meets Social Security’s definition of total disability. No benefits are payable for partial disability or short-term disability
  • Your medical condition has lasted or is expected to last for at least 12 consecutive months or to result in death
  • SSA maintains a list of Medical Impairments they consider severe enough. If your medical condition is on the list, you may automatically qualify for benefits.
  • You can no longer perform the same work you did before you became disability.
  • You are unable to do other jobs. If your disability isn’t on the list, you must prove you cannot adjust to other work due to your medical condition. SSA considers your medical conditions, age, education, past work experience, and any transferable skills you may have to determine your ability to perform basic work-related activities.
  • You cannot do work at the substantial gainful activity (SGA) level because of your medical condition. If you are working in 2025 and your earnings average more than $1,620 a month, you generally cannot be considered to have a disability.

How Much Does a Disability Lawyer Cost

The process of applying for Social Security Disability Benefits can be a long, complicated process. Applicants must keep track of all the relevant deadlines and ensure that they submit a complete and accurate application. With decades of experience, our disability attorney can file a strong application for benefits on your behalf and work with you and your doctors to get the documentation necessary to achieve a favorable outcome. There are no upfront costs – you only pay a lawyer a one-time payment that comes out of your back pay if we win your case. If your claim is not approved, you have no financial responsibility for the attorney’s fees. For a free initial consultation, give us a call at +1(516) 640-3900.

How long does the application process take?

What if I disagree with SSA’s decision?

If you disagree with any decision made by SSA, you have the right to request that your case be reviewed again.  If you wish to file an appeal, you must make your request in writing within 60 days from the date you received the decision letter. Your odds of approval can increase after a couple of rounds of appeals. But appeals do take months or years to complete.

There are four steps in the appeal process.  If you disagree with the decision at any stage, you have 60 days to appeal. The four steps are:

Request for Reconsideration (average wait time 6 months, 10-15% approval rate)

Request for Hearing with an Administrative Law Judge (average wait time 8-12 months, 50% approval rate)

Appeals Council Review (12-24 months with low odds of success)

Judicial Review in a U.S. Federal Court Hearing (at least 12 months; very few cases reach this stage)

Reconsideration: Reconsideration is a request to have the application reviewed by different staff at Disability Determination Services (DDS) and the opportunity to submit additional medical records and evidence. Most reconsiderations end with denial, so you’ll need to move to the next appeal stage.

Court hearing: The disability hearing is a chance to make your case in front of an Administrative Law Judge (ALJ), who has the authority to deny or approve your application. This is your best chance to secure an approval. Your chances of winning at the hearing level are three times higher if you have a disability lawyer.

You will need to appear at the hearing either in person, via videoconference, or telephone to present your case to the ALJ. We prepare you for the questions that the Judge may ask and will always be present with you during the hearing.

ALJs can use the expertise of Medical Experts and Vocational Experts to help decide your case.

  • Medical Experts (ME) are doctors who review all of the medical records in your application before the hearing. The ALJ will ask the ME questions about your condition(s) at the hearing.
  • Vocational Experts (VE) are professionals who review the information in your claim and give their opinion on your ability to do past work or other types of work.

These hearings, including your testimony, usually take 30-45 minutes. After the hearing, you will receive a formal decision in the mail, usually within 90 days. This is the final appeal stage for most applicants.

Social Security Appeals Council: If you receive an Unfavorable Decision from the SSA Judge, you can appeal the decision to the Appeals Council. The Appeals Council can only examine the ALJ’s decision for any legal, procedural, or factual errors. It has the discretion to either deny your request for review or grant it by remanding the claim back for another hearing. Your odds are low at this stage. 20% of cases are remanded, and your case could go back to the same judge who denied your claim.

Federal district court: If the Appeals Council denies review of your case, then you can appeal by filing a lawsuit in Federal Court by requesting a review of the SSA’s decision. Though there is a fair chance of winning a case at this level, lawsuits are expensive and time-consuming. Not all disability attorneys are willing to go to court, and less than 1% of SSDI applicants pursue their claims that far.

We can help you with your Social Security Disability Appeal

It is important to file an SSDI or SSI application as soon as you know you are not going to return to work. It is also important to appeal on time so that you do not lose out on any back benefits. Appealing a disability denial can be more advantageous than reapplying for benefits from scratch. If your case is approved after one of the appeal processes, you will be entitled to past- due benefits, which accrue from the date of your original application to the date you win benefits.

Shddiquah Chaudhury

Why a Lawyer can make all the difference

If the Social Security Administration has already denied your claim, we will review it and identify the reason for the denial. We will help you gather evidence and correct any of the problems leading to the claim denial. Our lawyers can guide you through the complex process of appealing a denial decision and are ready to fight for the benefits you deserve. We are committed to providing personalized solutions for our clients and will work tirelessly to achieve a positive outcome in your case.

An experienced disability attorney can evaluate your case and help you file your claim, gather medical evidence, and obtain medical tests and necessary documents. They will know what is required at each step of the process, keep track of deadlines, and be able to present your case in the best possible light

Contact a Social Security Disability Attorney Today

Consulting an experienced disability attorney at our office will ensure that comprehensive documentation is submitted to increase the likelihood of getting approved to receive benefits.

Many legitimate claims are not approved by the SSA. Here are some common leading reasons claims are often denied.

Common Reasons Applications are Denied

SSDI benefits are for people who are unable to work. If you are still working at the time of your application and making more than a certain threshold over the substantial gainful activity (SGA) amount, you could be denied. The SSA typically will not approve an SSDI claim if your earnings are more than $1,620 monthly (in 2025), adjusted annually.

SSA doesn’t pay benefits for short-term or temporary disabilities. If your disability is not likely to last more than a year and you will be able to return to work within that year, you are not considered disabled. The SSA might determine that your disability is likely to improve in under a year and, therefore, deny your claim.

Many applications are denied for lack of sufficient medical documentation of the disability. An applicant must have strong medical evidence documenting his disability and how this prevents him from working. Medical records need to document not only the existence of a disability but also how the condition interferes with the person’s ability to work.

When reviewing your application, Social Security needs to see that you’re following “doctor’s orders” by taking your medication as prescribed and engaging in recommended therapy. If you have prescribed medications or treatments that will eventually help you get better, but you refuse to follow them, SSDI benefits could be denied to you.

The Social Security Administration (SSA) will deny disability benefits to those who have disabilities resulting from drug abuse or alcoholism. You’ll need to show that substance abuse is “immaterial” to your claim—meaning that you’d still be disabled if you stopped using drugs or alcohol. This is usually accomplished by establishing a period of sobriety during which your medical records show that you still have disabling symptoms from an underlying medical condition

If a person ignores requests for additional information or otherwise fails to cooperate during the SSA’s application process, his claim for SSDI will not be successful. Likewise, if you don’t attend a consultative examination (CE) that Social Security schedules for you, your application may be denied.

Frequently Asked
Questions

You are eligible for Social Security Retirement Benefits (SSRB) if:
  • You’re 62 or older. There is no need to prove disability.
  • You’ve worked and paid Social Security taxes for 10 years or more.
  • The amount of benefits depends on your earnings history and the age at which you start collecting benefits.
  • The longer you delay taking benefits until you reach full retirement age, currently 66 years and 10 months, your benefit amount will increase.
  • At age 65, you will automatically receive Medicare Health Insurance.
You are eligible for Social Security Disability Insurance (SSDI) if you:
  • Are between the ages of 18 and 65. The SSA is generally more favorable to disabled applicants over 50.
  • “The duration of work test”. You must have a significant work history and have paid Social Security taxes through which you have earned the required amount of work credits. The younger you are, the fewer years you need to have worked. No one needs more than 10 years of work to be eligible.
  • “The Recent Work Test” You must have worked recently enough that your work credits are current and have not expired. If you have not worked recently enough, Social Security will deny your claim.
  • Additionally, you must meet the SSA’s definition of disability, meaning you have a medical condition expected to last at least one year or result in death, which prevents you from engaging in substantial gainful activity (known as SGA).
  • Have a medical condition that meets Social Security’s definition of total disability. No benefits are payable for partial disability or short-term disability.

    How much can I get?

  • Not everyone gets the same amount. The amount you get will depend on how long you worked and the amount of your earnings over that time. For those with higher earnings, your SSD benefits will be more.
  • There is a 5-month waiting period. Generally, payments are paid in the sixth full month after the “date of onset” (date the disability began), but no more than 12 months before application.
  • Monthly benefits are deposited directly into your bank account or on an SSA Direct Express Card.
  • If you are receiving SSDI benefits when you reach full retirement age, your disability benefits automatically convert to retirement benefits, and the amount remains the same.
  • If you receive other government benefits, such as Workers’ Compensation, public disability benefits, it may reduce the amount of Social Security benefits payable to you.

    Do I get Health Insurance?

  • You are automatically enrolled in Medicare (Parts A Hospital Insurance and Part B Medical Insurance) 2 years after you begin receiving disability benefits.
You are eligible for Supplemental Security Income (SSI) if you:
  • Unlike SSDI, SSI does not require any work history. Eligibility is based on financial, legal, and disability status. It is the appropriate benefit for those who have never worked or worked in the past but have not earned the required work credits.
  • Must be a US Citizen. Green card holders can only get SSI benefits if they worked and earned sufficient work credits.
  • If you are 65 or older, blind, or disabled, you do not need to prove.
  • People younger than 65 must have a disability that meets the SSA’s criteria.
  • SSI is a needs-based program for those with little or no income and assets. To qualify, applicants must meet strict income and resource limits. To be eligible for SSI, your resources cannot be worth more than $2,000 for a single person or $3,000 for a married couple living together.

How much can I get?

  • Benefits begin one month after the. application filing date
  • The amount of your monthly benefit is based on your income and resources. For 2025, the maximum monthly SSI payment is $967 for an individual and $1,450 for a couple. Your amount may be lower if you have other income and depending on your living situation.

Do I get Health Insurance?

  • SSI recipients are enrolled in Medicaid.
Can I work and receive SSDB benefits?
  • If you return to work, you must report this to SSA.
  • SSDB: You can work and collect your full SSDB check if you stay under substantial gainful activity, which, as of 2025, is $1,620 per month.
  • SSA allows a 9-month Trial Work Period. During the 9 months, you can test your ability to work and still get your full disability payment, regardless of how much you’re earning. In 2025, a trial work month is any month in which your total earnings are over $1,160.
  • After the 9-month work trial, there’s a 36-month period called an Extended Period of Disability (EPE), where you can continue to collect your SSDB check only if your monthly earnings are less than SGA.
  • After the EPE period, your benefit will typically end if you continue working.
Can I work and receive SSI benefits?
  • The amount of SSI payments is based on how much other income you have. When your other income goes up, your SSI payments usually go down.
  • If your earnings exceed the SSI income limit, your SSI could be terminated right away. This limit is different in every state.
Continuing Disability Review Process
  • After you qualify for SSDB benefits, you are not guaranteed to receive them for the rest of your life. The SSA performs periodic evaluations to assess whether you still meet the medical criteria to be considered disabled and continue receiving those benefits. These are known as continuing disability reviews or CDRs. They generally take place every three, five, or seven years.
  • When your claim is being reviewed, SSA will send you forms to complete and request new or updated medical evidence over the past 12 months.
  • SSA may decide to terminate your benefits if it finds that your condition has improved to the point that you are capable of working. It may also terminate your benefits if you fail to cooperate with the review process.
  • If they decide to terminate your benefits, you can appeal the decision by requesting a Reconsideration of Continuing Disability Review at a hearing before a disability hearing officer (DHO).

Wondering, how long you have to file an appeal?

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