Each stage of the process (initial application, reconsideration, and administrative hearing) can take 6-9 months for a decision.

A person who is denied benefits has extensive appeal rights. If you have been denied, it is critical that you consult with an attorney, as you will often have a period of only sixty (60) days in which to appeal the unfavorable decision. An appeal is common at some point in almost every application.

An appeal of an unfavorable decision can be accomplished by completing the appropriate appeal paperwork, along with a request for new medical evidence, which will help your chances of winning.

Social Security allows a person on benefits to work within limits. If a person is found disabled, and then works a job earning less than a gross of $1550.00 per month, will not jeopardize their benefits, as this amount or less in earnings is NOT considered substantial enough to be considered work. Also, SSA allows a person on disability to earn as much money as they would like, even exceeding $1550 per month, and still receive their SSDI benefits. However, after nine months of this higher level of work, you would no longer be on benefits.

The average SSDI benefit check ranges from a low end of $1788.44 and a maximum payment of $3,822.00 per month. The more years you have worked, and the higher your average pay, the higher on this range you will be. You can determine your exact monthly payment by visiting SSA.gov and creating a ‘My SSA” account. This process takes about 15 minutes and will allow you to determine your monthly payment without even applying for disability.

Yes! Both SSI and SSDI provide either Medicaid or Medicare benefits, after a waiting period of often 24 months (from the date you were found disabled). These medical benefits can come at any age, unlike traditional Medicare which requires a person to be at least 65 years old.

Social Security applies what is called a “Five Step Sequential Evaluation”, basically the same rules apply to each person for SSA to determine if they are unable to work. Roughly speaking, the younger you are, the harder it will be to prove you are disabled. The closer you are to retirement age, the more likely it is you will be found disabled, as Social Security has a wide range of rules that are applied to older individuals which often result in favorable decisions. A competent attorney can prove a person is disabled at any age, as long as valid medical treatment supports the claim.

If you have been denied twice, and appeal the case further, you will face an Administrative hearing. This hearing is before a Federal Social Security Judge, and will require you to testify (under oath) concerning a number of questions about your background, work history, medical treatment, and day to day activities. Often a medical expert or vocational (job) expert will also testify. It is critical to have representation during a hearing. While not required, an attorney can protect your rights by insuring that you are treated fairly under the law, and that no errors are made on behalf of SSA in reviewing your application. A lawyer’s job is also to summarize the best evidence and provide winning arguments which can increase your odds of being found disabled.

Possibly. If you are found disabled at the initial or reconsideration stages you would not need to go before a judge at hearing. If you have been denied twice, however, you will face an administrative law judge. It is critical to be prepared for such a hearing. While an attorney is not required, having a representative can help in many ways. Gathering all medical evidence, making legal arguments, matching your medicals to case law and rules which can make a difference in the outcome.

Yes! If you are receiving Workers’ Compensation benefits and apply for SSDI benefits, you can receive both at the same time. The SSA administration would look at the exact amount of Workers’ Compensation checks you are receiving, and possibly reduce your SS monthly payment. This is called an “offset” and SSA will allow you to combine Workers’ Compensation and SS payment at a maximum of 80% of what your average yearly pay was. This is called the “ACE” or average current earnings rule. If you have been found eligible for Long Term Disability through a private policy offered to you at your employment, the contract will likely require you to file for SSDI benefits. Failure to apply for benefits would result in your LTD benefits being stopped. If you are on LTD benefits it is critical you contact an attorney in order to expedite a Social Security Disability application to prevent your Long Term Disability benefits from stopping.

This depends on whether or not your pension is private or through a city, town, or state employment. If you have a pension working for a private company, a pension (401k, profit sharing as well) would have no impact on your SSDI benefits. However, if you are a city, town, or state employee receiving a pension (called a Public Pension) you will not be eligible for SSDI benefits. The reason for this is that SSDI requires you to have paid into credits, or quarters through your payroll taxes into SSDI FICA. However, a city, state, or town worker does not typically pay into SS credits.

In certain situations, a dependent can receive additional benefits if you are found disabled. These are called ‘auxiliary benefits” and require you show SSA proof of your dependents. Once a child reaches the age of majority (18), unless they are enrolled in secondary school (college), they will no longer receive auxiliary benefits.

Depending on your age, a continuing disability review (CDR) can occur 12-24 months after you are found disabled. However, in some circumstances, the closer a person is to retirement age (66.5) the less likely it is they are reviewed as frequently.

Yes. If you own or owned your business, as long as you paid into Social Security payroll taxes, you are eligible for SSDI benefits.

An attorney gathers medical records, communicates with Social Security, and provides a system for ensuring that your application is as strong as possible. Additionally, an attorney can often seek “opinion evidence” in the form of letters or specialized forms which will ask helpful questions which Social Security may rely on to award your case. Also, an attorney can ensure that paperwork is filed timely, without delay, in order to expedite the application as quickly as possible.

An SSDI attorney, since the practice area consists of volumes of forms and paperwork, needs to have a system of case management and a team of qualified individuals assisting in the processing of the application. BCL Law has a dedicated SSDI Department which was structured and organized to provide consistent, quality experience which is attorney driven, not driven solely by assistants or legal secretaries. BCL Lawyers have handled thousands of applications and have appeared before SS Federal Judges in all 50 states.

There is NO fee unless you are found disabled. If you win your case, Social Security will pay a representative no more than 25% of your back due benefits, with a maximum fee of $7,200.00. This means that you never have to come up with money, as SSA will provide a direct payment to the legal representative from your benefits upon winning the case.