Social Security Disability Attorney FAQ

Frequently Asked Questions

What's the difference between SSDI and SSI?

SSDI: Based on work history and contributions. Higher benefits, includes Medicare. SSI: Based on financial need. Strict income/asset limits, includes Medicaid.

Do I qualify for disability?

You may qualify if you have a medical condition that:

• Prevents you from working
• Has lasted or will last 12+ months
• Or will result in death

How much does an SSDI attorney cost?

Federal law limits fees to:

• 25% of past-due benefits
• Maximum $7,200
• Only paid if you win

How long does the process take?

• Initial application: 3-5 months
• Reconsideration: 3-6 months
• Hearing wait: 12-24+ months
• Total: 1.5-3 years typical

My initial application was denied. Should I give up?

No. Most applications are denied initially. The hearing stage has much higher approval rates, especially with an attorney.

How much will I receive?

Benefit	Amount
SSDI average	$1,400-$1,800/month
SSDI maximum	$3,627/month
SSI maximum	$943/month

What is back pay?

Benefits owed from your disability onset date through approval. Often $10,000-$40,000+ in a lump sum.

Can I work while receiving disability?

Limited. Substantial Gainful Activity (SGA) limits:

• 2024 SGA: $1,550/month for non-blind
• Trial work period allows brief work attempts
• Working too much can cancel benefits

What conditions qualify?

Any condition that prevents you from working for 12+ months. Common ones include:

• Back problems
• Arthritis
• Mental health conditions
• Heart disease
• Cancer
• Neurological conditions
• Diabetes complications
• And many more

Will I get Medicare?

SSDI recipients get Medicare after 24 months of disability benefits.

What's the approval rate?

Stage	Without Attorney	With Attorney
Initial	30%	35%
Reconsideration	13%	15%
ALJ hearing	40%	50-65%

Can I get expedited processing?

Yes, for:

• Compassionate Allowance conditions
• Quick Disability Determination
• TERI (terminal illness) cases
• Wounded Warriors

What happens at a disability hearing?

• You testify about your limitations
• Vocational expert testifies
• Medical expert may testify
• Attorney makes legal arguments
• Judge issues decision later

Will I have to take a medical exam?

Sometimes. SSA may require Consultative Examinations from their doctors.

Can I file for both SSDI and SSI?

Yes. Many people file "concurrent claims" if they qualify for both.

What about my family?

SSDI may also provide benefits to:

• Spouses
• Minor children
• Disabled adult children
• Surviving spouses

Can I get unemployment too?

Generally not. Unemployment requires you to be able to work, which contradicts disability claims.

How do I find a good SSDI attorney?

• SSDI specialization
• Hearing experience
• Track record of approvals
• Free consultations
• Standard federal fee structure
• Good communication
• Medical knowledge