Frequently Asked Questions

Social Security Disability Insurance (SSDI) is a program for people who have worked and paid Social Security taxes but can no longer work due to a disability. The amount you receive is based on your work history. Supplemental Security Income (SSI) is a needs-based program for people with limited income and resources who are disabled, blind, or age 65 or older — regardless of work history and even if you have never worked. Some people qualify for both programs at the same time.

Social Security does not maintain a simple list of qualifying conditions. Instead, the SSA evaluates whether your condition — or combination of conditions — prevents you from performing substantial gainful activity for at least 12 months or is expected to result in death. Common qualifying conditions include back and spine disorders, heart disease, mental health conditions (depression, anxiety, PTSD, bipolar disorder), diabetes with complications, COPD, arthritis, cancer, neurological disorders, and many others. If your condition is severe and well-documented, it is worth pursuing a claim.

To qualify for SSDI, you generally must: (1) have a medically documented disability that prevents substantial work; (2) have worked long enough and recently enough to earn sufficient Social Security credits; and (3) not currently be earning above the Substantial Gainful Activity (SGA) limit. This year SGA is $1,690 per month, gross income — so you must earn less than $1,690 per month before taxes in order to apply. We can evaluate your work history, medical records, and overall situation at no charge to help you determine whether you have a viable claim.

Possibly, in limited circumstances. SSA has a Substantial Gainful Activity (SGA) earnings limit. This year SGA is $1,690 per month, gross income — so you can in theory earn less than $1,690 per month and still receive Social Security disability. There are also programs like the Trial Work Period and Ticket to Work that allow some SSDI recipients to explore returning to work without immediately losing benefits. If you are working part-time or in a limited capacity, an attorney can help evaluate whether your earnings affect your eligibility.

You can apply online at SSA.gov, by phone at 1-800-772-1213, or in person at your local Social Security office. The application requires detailed information about your medical conditions, treatment providers, work history, and daily activities. Many people find the application process confusing and make avoidable mistakes that hurt their chances. We offer a free consultation to walk you through what SSA is looking for and help you submit the strongest possible claim from the start.

The timeline varies significantly by stage. An initial application decision typically takes 3 to 6 months. If denied, a reconsideration decision can take another 3 to 6 months. If denied again, requesting a hearing before an Administrative Law Judge (ALJ) often involves a few more months of waiting. This is why it is critical not to give up after an initial denial — most people who pursue their claim through the hearing stage and have proper legal representation ultimately prevail.

SSA relies heavily on objective medical evidence — records from your treating physicians, hospitals, clinics, mental health providers, and specialists. This includes diagnostic test results, treatment notes, imaging studies (X-rays, MRIs, CT scans), lab work, and physician assessments of your functional limitations. One of the most important things you can do is continue receiving consistent medical care and make sure your doctors document how your condition affects your ability to function. We can help you identify gaps in your medical record and work to get the supporting documentation SSA needs.

A denial is not the end. In fact, the majority of initial applications are denied. You have the right to appeal, and you should do so promptly — most deadlines to appeal are 60 days from the date of the denial notice. The appeals process includes Reconsideration, a hearing before an Administrative Law Judge (ALJ), review by the Appeals Council, and ultimately federal court if necessary. Statistics consistently show that claimants who are represented by an attorney at the hearing stage win at a significantly higher rate than those who go it alone.

An Administrative Law Judge (ALJ) hearing is your opportunity to present your case in person (or by video) before an independent judge. The hearing is relatively informal compared to a courtroom trial. You will have the chance to testify about your conditions, symptoms, and limitations. A vocational expert often testifies about jobs in the national economy. A medical expert hired by Social Security sometimes testifies as well. Your attorney will present your medical evidence, question the witnesses, and make legal arguments on your behalf. Having experienced legal representation at this stage can make a significant difference in the outcome.

If the ALJ denies your claim, you can request review by the Appeals Council in Falls Church, Virginia. The Appeals Council can review the ALJ's decision for legal errors, send the case back for a new hearing, or issue its own decision. Appeals Council cases can take anywhere from several months to over a year. If the Appeals Council denies your request for review or issues an unfavorable decision, you have the right to file suit in federal district court.

Yes. If your claim is denied at every level of SSA's administrative process, you have the right to file a civil lawsuit in federal district court. Federal court appeals require in-depth legal work including briefing and legal arguments. We handle federal court appeals for eligible clients and can evaluate whether your case has strong grounds for court review.

There is no upfront cost and no fee unless we win your case. Social Security disability attorneys work on a contingency fee basis. If you are approved, the SSA pays the attorney's fee directly from your back pay — the lump sum of benefits owed from your application date. The fee is capped by federal law at 25% of your back pay, with a maximum amount set by SSA. You will never receive a bill from our firm during your case, and if we do not win, you owe us nothing.

The earlier the better. While you can apply on your own, having an attorney from the start helps ensure your application is complete, your medical evidence is properly documented, and you avoid common mistakes that lead to denials. If you have already been denied, you should contact an attorney immediately — appeals have strict deadlines. Call us for a free consultation at any stage of your case, whether you have not yet applied or have already received a denial. Call us at (256) 684-4444.

No. We represent clients throughout the United States. I have handled cases from South Mississippi to Chicago and can handle most of your case by phone, email, and mail. Many ALJ hearings are now conducted by video as well. If you are unable to travel due to your disability, that is not a barrier to working with us.

Bring any denial letters or notices you have received from SSA, the names and addresses of your treating doctors and any hospitals or clinics where you have been treated, a general summary of your work history for the past 15 years, and your Social Security number. Do not worry if you do not have everything — we can help you gather what is needed. The consultation is completely free and there is no obligation.

Long-term disability (LTD) insurance is typically provided through an employer benefit plan or purchased privately. If you become disabled and cannot work, LTD insurance is supposed to replace a portion of your income. Unfortunately, insurance companies frequently deny, delay, or terminate legitimate LTD claims. Our partners represent clients in LTD disputes — from initial denials through internal appeals and, when necessary, federal court litigation under ERISA.

First, do not give up and do not ignore the deadline. LTD denials under employer-sponsored plans are governed by ERISA, which gives you a right to appeal the decision — typically within 180 days of the denial. The appeal process is critically important: the record you build during the internal appeal is generally the only evidence a federal court can consider later. An experienced LTD attorney can review your policy, evaluate the insurer's reasons for denial, and build the strongest possible appeal. Contact us as soon as you receive a denial.

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