How an Attorney Can Boost Your Social Security Disability Claim

Dealing with Social Security disability claims often requires more than filling out forms. It also demands understanding the complex claims process that could feel overwhelming for most. When this happens, the guidance and legal advice of a Social Security disability attorney is helpful. These legal professionals can review your case and help you claim the benefits you deserve.

What Is Social Security Disability Law

Social Security disability law is a legal framework that governs the administration of disability benefits to qualified people. The law consists of rules used to decide who qualifies for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). It contains provisions for when these qualified people can get their disability claims and the benefits they can get.

What Is the Difference Between SSI and SSDI?

There are two significant programs under Social Security disability law. First is the Social Security Disability Insurance (SSDI), and second is the Supplemental Security Income (SSI). These two programs serve different purposes.

1. Social Security Disability Insurance (SSDI). This program is available to those with a previous work history who paid for Social Security through taxes on their payroll. Those with disability or blindness and enough work history can be eligible for SSDI. The program looks at your work history to determine the payment you deserve. The Social Security system can also calculate SSDI based on the person's earning records.
2. Supplemental Security Income (SSI). Unlike SSDI, SSI is available to people regardless of their work history. Adults and children can apply for SSI if they have little or no resources, little or no income, a disability, or are over 65. SSI is also available to those who earn less than $1,971 monthly. Note that the program increases this income limit for couples and parents who apply on behalf of their children. The program likewise looks at sources of income other than your job, such as unemployment benefits, disability benefits, and pensions.

When Do Your SSDI Benefits Start?

Generally, if the Social Security Administration (SSA) approves your SSDI, you should wait five months before getting your benefit payment. SSA will issue your benefit payment in the sixth month after your disability starts. So, for instance, your disability started on June 15, 2024, and then you applied for SSDI on July 1, 2024. Your first benefit payment will be due in December 2024.

But the waiting period does not apply to your case if amyotrophic lateral sclerosis (ALS) caused your disability and the Social Security Administration (SSA) approved your SSDI benefits on or after July 23, 2020.

For example, SSA discovered that your disability started on Nov. 3, 2023. Then, you applied for SSDI on Jan. 11, 2024. Your first benefit payment will cover December 2023, the first month after your disability started on Nov. 3, 2023.

When Does Your SSI Benefits Start?

Before you get your Supplemental Security Income (SSI) payments, the Social Security Administration (SSA) will send you a letter. The letter contains information related to the start date and the amount you will get. SSA will issue your first payment for the first full month after you become eligible for SSI or after you apply. The payment amount may vary monthly depending on your living situation and income changes. SSA will tell you in advance if there are any changes in your payment amount.

For better guidance on assessing your SSDI or SSI payment eligibility, consult a Social Security Disability attorney near you. They can give you legal advice tailored to your case. They can also clarify some questions or concerns related to your SSDI.

What Documents Do You Need to File Your Disability Claim?

You often need to provide proof of your medical condition. The document should likewise show that your disability prevents you from working.

The paperwork must address the following:

• The nature of your impairments
• Medical records of these impairments
• Other documents and medical evidence relevant to support your Social Security Disability case

What Should I Do if My Disability Claim Gets Denied?

If the SSA denied your disability claim, you can ask them for reconsideration of your application. You can also appeal the denial of the Social Security Administration (SSA). When facing a denial of Social Security disability claims, contact a Social Security disability attorney. They can do case evaluations and help you in the appeals process. A Social Security disability attorney can also represent you if you face a disability hearing.

How Can You Appeal a Denial of Social Security Claim?

Fortunately, you can appeal a denial of a Social Security disability application four times. First, the SSA will reconsider your application. Next, it will go to an administrative law hearing. The appeals council can then review the decision in the administrative law judge. Your final resort can be with the federal court. In each stage, they will reconsider your eligibility for payment benefits.

Many claimants find they can file an initial application and reconsideration without help. But, hire a Social Security disability attorney to protect your rights and better represent your claim. They can also guide you through the disability application process and gather essential documents to support your arguments for benefits.

Remember that there is a deadline for filing an appeal for Social Security disability benefits. Seek legal guidance from a Social Security lawyer as soon as possible.

Agreement With Your Attorney

If you work with an attorney, you will enter into a fee agreement with them. It will also stipulate attorney fees and the scope of help your attorney will provide. This agreement will specify various aspects of the attorney-client relationship. You must be aware of the considerations when hiring an attorney.

For instance, Social Security disability attorneys often work on a contingency basis. They will only charge you a fee if you successfully get Social Security benefits. Ask them if they have specialized training in handling these cases.

If you need help finding an attorney, contact the bar association in your state. State bar associations provide referral services for free. They will be able to connect you with a Social Security disability lawyer qualified to handle your case. Whether you need help communicating with the Social Security office or help gathering your work history records, an attorney can help.

Need More Help? Contact a Social Security Disability Attorney

Getting Social Security benefits is not easy. If you're struggling with this process, contact a Social Security disability attorney. FindLaw's directory of lawyers has their locations and phone numbers.