FAQs
How much does it cost to apply?
How do I apply for disability benefits?
When should I apply?
What Is the cost of hiring and attorney vs. going it alone?
The perception is that good legal help is too expensive, and the average person may feel they can’t afford an attorney. The reality is, it could potentially cost much more to go through the process on your own, especially with the failure rate hovering at 70%. Even the Social Security Administration admits that your chances of winning are much higher when using an attorney. For the most part, getting an attorney involved in your case, at any level, will not cost you anything up front. The attorney collects no money unless and until the disability claim is approved. Ask yourself: How important is it for me to win my case and win it as quickly as possible?
Can I work and still be found disabled?
You can work some and still be found disabled, but any work may reduce your chances of receiving disability benefits. In most circumstances, if you are able to work, Social Security does not consider you to be disabled.
Who can qualify for disability benefits?
Social Security Disability Insurance (SSDI) eligibility depends on how much you have paid into Social Security and how recently you last worked. To be eligible for Social Security Disability Insurance, you have to have paid enough into the Social Security system to be insured. All applicants must show that they have worked at least part time for the past ten years. Some work credit exceptions can be made for younger applicants.
Supplemental Security Income (SSI) requires only that an individual have a disability or be over the age of 65 and have a demonstrated financial need. The financial qualifications for SSI are strictly income-based. Eligibility has nothing to do with your previous work history. It is based solely on your current financial need. In order to qualify for SSI, you must have very limited income and less than $2000 in assets ($3000 for a couple).
Any individual who can show that he or she is disabled and can meet these financial requirements can qualify for disability benefits. Certain family members can qualify. This may include survivor’s benefits, disabled widow/widowers, and dependents. Disabled children may qualify for benefits through SSI.
What’s the difference between SSI and SSDI?
Supplemental Security Income (SSI) is strictly income based and is funded by general fund taxes. It has nothing to do with your previous work history, but is based solely on your current financial need. In order to qualify for SSI, you must have very limited income AND less than $2000 in assets ($3000 for a couple).
SSDI requires applicants to have earned enough work credits in the past ten years to qualify. For applicants who do not meet this requirement, SSI offers an alternative program. SSI also permits you to work while receiving SSI, so long as your income does not exceed SSI requirements. Unlike SSDI, children are eligible for SSI, if their parents have significant financial need.
It is more difficult to be approved for SSI than SSDI. SSDI applicants generally have a longer work history, which gives them more credibility in the eyes of disability examiners. They also are more likely to have the proper medical documentation because they can afford to see a doctor more regularly and gather their evidence. It is important to be prepared for your SSI application, so you have the highest chance of being approved.
NOTE: If someone is disabled and they’re eligible under the income requirements to receive SSI, they’re also able to receive Medicaid. Social Security Disability Insurance (SSDI) is funded through payroll taxes. SSDI depends on how much you have paid into Social Security and how recently you last worked. To be eligible for Social Security Disability Insurance, you have to have paid enough into the Social Security system to be insured.4
NOTE: If someone is disabled and they’re eligible to receive SSDI, they’re also able to receive Medicare.
Do I need current medical evidence explaining my disability?
How long does it take to become approved?
It can take anywhere from a few months to 2 years to become approved. If you get denied at the application, reconsideration, and hearing levels, you have only 60 days to file an appeal. If your case is appealed to federal court, it could take longer than 2 years.
What are some commn medical conditions that can cause disability?
Why is local representation the best representation?
Will an attorney meet with me before my hearing?
Will my first consultation be with an attorney?
Am I guaranteed to be represented by an attorney at my hearing?
Am I allowed to work AND receive disability benefits?
Yes, but there are many factors involved. Seek legal help regarding any employment questions. Remember: Any work may reduce your chances of receiving and/or keeping disability benefits. In most circumstances, if you are able to work, Social Security does not consider you to be disabled.
Can substance abuse be considered a disability?
Can I receive veteran disability benefits AND Social Security disability benefits?
How long do disability benefits last?
What happens if I am denied benefits?
What are some reasons that cause individuals to be denied benefits?
Roughly 70% of all SSI and SSDI claims are initially denied. The reasons vary, but some reasons individuals are denied include, but are not limited to:
- an impairment that is not expected to last at least one year,
- an impairment that is not considered severe,
- the person is able to perform his or her past work, or any type of work,
- ongoing drug and alcohol addiction,
- insufficient medical evidence,
- failing to follow medically-prescribed treatment,
- the individual makes inconsistent statements to the Social Security Administration and their own physicians
- the person fills out the disability paperwork incorrectly
- waiting too long to file
- waiting too long to file an appeal
- self-representation
How much money will I receive for disability benefits?
The 2020 maximum benefits paid in Oklahoma for single SSI recipients is $783. Married couples may receive a maximum of $1,175 per month. SSI benefits may also be increased by state supplements. As of 2020, Oklahoma offers an SSI state supplement of $42 for those who live independently. The amount of benefits you will receive depends on your financial situation.
If you are eligible for SSI benefits, you may also be eligible for Medicaid or the Supplemental Nutrition Assistance Program (SNAP).
What kind of benefits should I expect?
For Social Security Disability Insurance (SSDI), your total benefits amount is dependent on your average monthly income prior to the onset of your disability. SSDI is funded through payroll taxes. The more work credits and the higher your paycheck while employed, the higher your benefits will be. SSDI benefits for 2020 are capped at $3,011. A reasonable estimate of monthly benefits is between $800 and $1,800 per month.
Be aware, that your monthly benefits cannot exceed 80% of your previous salary. If prior to your disability, you made $2,000 per month, you would not be able to receive more than $1,600 in benefits each month.
For Supplemental Security Income (SSI), monthly benefits are based on need and income. Single SSI applicants have a maximum monthly allowance of $783. A couple receiving SSI have a maximum monthly allowance of $1,175.
Is applying for Social Security Disability Insurance benefits difficult?
Applying for benefits is a relatively simple process. Being approved for benefits is much more complicated. While filling out the claim, you may be tempted to rush through it, but, attention to detail is key to a successful claim. Misrepresenting your information, intentionally or not, can result in your claim being denied. Not including the necessary information can lead to long delays as you send information back and forth. More importantly, missing information could lead to a denial of benefits by the Social Security Administration.
More than 70% of initial applications for benefits are denied and face a complicated appeals process. The Social Security Administration has strict requirements to ensure that taxpayer funding is saved for those who need it most. If you do not have a complete and convincing application, you may not be able to receive SSDI or SSI.
What is the success rate for disability benefits?
Counting all steps of the application process, roughly 29% of applications end with approval. 36% of applications were approved at the initial application stage of the process. 9% of claims at the reconsideration stage of the process are approved. 48% of hearing requests result in an approval making it important to continue to appeal until you reach the hearing stage of the process to improve the chances of success.
Can my case be appealed to federal court, if necessary?
Yes. We appeal cases that other attorneys may drop. This means your case stays in-house, and you will never be left to fend for yourself. If the Appeals Council rejects your claim, we are willing to help you take your case to the Federal District Court.
How much does it cost to hire a Social Security Disability lawyer?
No, but, it is strongly recommended that you hire one. You can represent yourself, but, even the Social Security Administration discourages applying without a legal team to help you. A Social Security disability attorney knows what to expect and how to present your case so you can get approved faster. Involving an attorney from the start will help make your case stronger and prepare you for the appeals process. If your case requires a hearing or court presence, you will want an attorney to represent you and argue your case.
When should I seek legal advice?
How long will I have to wait for a decision on my application?
Do I need a lawyer to apply for Social Security Disability benefits?
No, but, it is strongly recommended that you hire one. You can represent yourself, but, even the Social Security Administration discourages applying without a legal team to help you. A Social Security disability attorney knows what to expect and how to present your case so you can get approved faster. Involving an attorney from the start will help make your case stronger and prepare you for the appeals process. If your case requires a hearing or court presence, you will want an attorney to represent you and argue your case.
What are work credits?
Work credits are the Social Security Administration’s (SSA) system for measuring Social Security Disability Insurance (SSDI) eligibility. You can earn four work credits in one year. For every $1,410 you earn in a year, you earn one work credit, to a maximum of four. Depending on your age, the SSA has different minimum credits to be eligible for SSDI. A good rule of thumb is whether you have been working consistently part-time, or if you have worked at least five out of the past 10 years on a full-time basis.
What if I am self-employed?
So long as you have been paying a payroll tax on your income, you should still be eligible for Social Security Disability Insurance. Your Social Security payroll tax should be around 15.3%.
Who pays for disability benefits?
Supplemental Security Income (SSI) is provided for by general-fund taxes and state taxes. Social Security Disability Insurance (SSDI) is funded through federal payroll taxes, known as the Federal Insurance Contributions Act and Self-Employed Contributions Act. In many ways, SSDI is paid for by you through employment, while SSI is paid for by the people.
How do I know if my condition is considered disabling?
In determining whether an applicant suffers from a disability, the Social Security Administration (SSA) refers to a list of disabling health conditions. If your diagnosis is on this list and you meet the additional requirements listed, then your condition is a disability. If it is not, the SSA sends your case on to the Disability Determination Services (DDS) who review your medical history. If they find that your health consistently impairs your everyday life and prevents you from working, then your condition will be considered a disability even if it is not included on SSA’s listing of impairments.
Do I need current medical evidence explaining my disability?
Yes. When you file, the Social Security Administration will request medical records from all the providers you have provided in your application. Regular appointments and checkups with your doctor are very helpful in establishing your medical need.
Can my doctor decide whether I am suffering from a disability?
You may think your doctor decides that you have a disability, but, this is not the case. Your doctor can support your application, and their opinion plays a major role in the decision of the review board, but, ultimately it is the Disability Determination Services that decides whether or not your medical condition is disabling and merits benefits.
How long does it take to be approved?
It can take anywhere from a few months to 2 years to be approved. If you get denied at the application, reconsideration, and hearing levels, you have only 60 days to file an appeal. If your case is appealed to federal court, it could take longer than 2 years.
What other evidence should I have?
Your employer may have records of times your health has prevented you from working. If you have incident reports, HR records, accommodations requests, or records of sick leave or excuse notes, these can all help bolster your case.
What information should I be prepared to provide when filing my application?
You may need to bring identifying or personal documents, such as:
- Birth certificate or other proof of birth
- Proof of U.S. citizenship or lawful alien status if you were not born in the United States
- S. military discharge paper(s) if you had military service before 1968
- Information about your dependents
- Your banking information
Employment documents:
- W-2 forms(s) and/or self-employment tax returns for last year
- A list of the jobs you have held in the past fifteen years
- Your employer’s contact information
Medical documents:
- Medical records, doctors’ reports, or test results
- Treatment plans and information about prescriptions
- Contact information for your doctor
- Proof of workers’ compensation-type benefits, such as award letters or settlement papers
If you do not have all of these documents, your lawyer or SSA can help you request them. Don’t delay your application or contacting a lawyer just because you don’t have all the necessary documents. We can help you gather your evidence.
What kind of medical evidence should I gather?
If my child was born outside of marriage, can they still receive the appropriate benefits?
Can non-citizens receive social security disability benefits?
Yes, but, to be eligible, you must show that either you have a Social Security Number that was assigned to you on or after January 1, 2004 authorizing you to work in the U.S., or that you have a non-immigrant visa that is a B-1, D-1, or D-2. You must also show that you will be located lawfully in the U.S. at the time of benefits received and that you meet all other Social Security criteria.
How does the process change for applicants over 60?
How does the process change for applicants over 50?
Can I receive Workers’ Compensation and Disability Benefits at the same time?
How does being a disabled veteran Impact my application?
If my family members are working can I still receive disability benefits?
Will receiving financial support from friends and family prevent me from receiving Social Security benefits?
Can I apply for unemployment and disability?
Am I still eligible for disability benefits if I am homeless?
If I have multiple disabilities, will my benefits total increase?
What healthcare options are there for me?
Will my monthly benefit amount change?
Do disability benefits run out?
Can I lose my benefits?
You will receive benefits for as long as your condition continues and you are unable to work. Periodically, the Social Security Administration will review your case to make sure you are still disabled. If you are able to go back to work or your condition improves, you must notify the Social Security Administration. If you are capable of working, you are no longer eligible for Social Security Disability Insurance. If your income or assets rise above the Supplemental Security Income limit, you will no longer be eligible for SSI.
If you engage in misconduct, you can have your benefits taken away as well. Committing a serious crime, engaging in fraud, or attempting to misrepresent yourself to the Social Security Administration can all lead you to lose your benefits.
What happens to my benefits if I go to jail?
If you spend more than 30 days in jail post-conviction, you will lose your benefits. However, if you spent this time in jail prior to being convicted, you will not lose your benefits until you have spent 30 days incarcerated after your conviction.
If you have been in jail for less than 12 months, your benefits will resume the month after you have been released, so long as you still qualify for your program. You will need to contact the Social Security Agency with proof of your release for your benefits to resume.
If you have been in jail for more than 12 months, you will need to re-apply for benefits and go through the process again. It is recommended that you contact a Social Security Disability lawyer in this case so that your benefits will be reinstated as quickly as possible.
What happens when I reach retirement age?
What are some reasons that can cause individuals to be denied benefits?
What is a disability advocate?
A disability advocate provides legal aid to applicants, but they are not a licensed attorney. A disability advocate may be able to provide advice and support, but, they have not attended law school and likely do not have court experience. When choosing whether to hire an advocate or a licensed attorney, you may believe that advocates will charge less money for their services. In fact, advocates often charge the same as an attorney for their services.
What if a lawyer asks for money upfront?
Can a lawyer help at steps other than a hearing?
Yes. When filing an initial application, a lawyer can help you arrange your evidence, check for errors, and ensure that your application is comprehensive. Cutting down on corrections or requests for more documents can help you get your case through the system faster.
When filing appeals, your lawyer can help you understand the process and why you were denied. They can help you file the correct type of appeal.
At the hearing, your lawyer will argue your case before the administrative law judge. Your lawyer can help you communicate with expert witnesses, present your evidence, and they can help you present facts that the judge’s questioning might have missed.
If you choose to file with an Appeals Council or the Federal District Court, many of the details of your case will have to do with whether the Judge and the Council gave your case proper consideration. An attorney knows what the judge’s responsibilities and rules of conduct are. If the judge behaved inappropriately or unjustly, an attorney can present this information so that your case has the best chance of being approved.
Where is Social Security Law Center located?
Typically, Social Security Disability lawyers only receive payment if your case is successful. In these situations, asking for money upfront is illegal and a serious warning sign that this lawyer might be scamming you. The only time a lawyer can charge you prior to a successful outcome is if you are currently receiving benefits and SSA is attempting to terminate your benefits.
