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Frequently Asked Questions On Social Security Disability

The Social Security Disability system is complex, and many have heard that the Social Security Administration (SSA) denies 75% of initial applications. However, denial is most certainly not the end of the story, and with the help of an attorney, many appeals may find success.

The attorneys of Gilbert Law Group PLLC have come together with some of the most asked questions they receive. The answers provided are based on general information and are not meant as legal advice for a specific case.

What is the difference between Social Security Disability and Supplemental Security Income?

To receive Social Security Disability Income (SSDI), you would need to have a work history. Supplemental Security Income (SSI), on the other hand, does not require a significant working history for eligibility. In fact, people who have never worked, such as children, are eligible.

Additionally, SSDI provides higher potential payments and allows for beneficiaries to receive payments in certain conditions.

What information do I need to prove that I qualify for benefits?

To apply for SSDI benefits, you will need to prove that you:

  • Are unable to complete the duties of your job
  • Are unable – or have been unable – to work for at least 12 months
  • Are unable to find other employment

The SSA will look at your work history, medical records, workers’ compensation claim files and finances to confirm that you meet the qualifications.

How long does the application process take?

On average, it takes about three to five months for approval from the SSA. That said, there are many reasons the process could take longer. If an application takes longer than five months, an applicant may receive backpay on top of their benefits, and these amounts can be large – up to tens of thousands of dollars in some cases.

What does it cost to hire a lawyer?

Attorneys working on an SSDI claim are entitled to a portion of the resulting payment. The figure is 25% of a lump sum payment up to $6,000. This means, if you receive a large lump sum, you will never have to pay more than a quarter of that to your attorney. A large enough payment means your lawyer will receive significantly less than 25%.

If my first application was denied, is it worth my time to appeal?

The short answer is “yes.” As mentioned above, the SSA initially denies 75% of SSDI claims. Persistence here makes an enormous difference, and if you are unable to work, you will absolutely need the benefits provided.

Your Situation Is Unique – Get Specific Answers

What you are going through is different from anyone else’s situation. General information may not answer your specific, personal questions, but a free consultation with the team at Gilbert Law Group PLLC can. Contact the firm’s Lexington office by calling 859-908-1274 or sending an email today.