Social Security Disability FAQs

A disability benefits application can be filed online, by telephone, or in person at a Social Security Administration field office. The Social Security Administration recommends filing applications online to avoid having to wait in line or on the phone. Our Social Security attorneys will work with you to obtain all the necessary medical and personal information and file the application on your behalf. If your application is denied, you are entitled to request reconsideration. If your application is denied after reconsideration, you can request a hearing before an administrative law judge. If the judge denies your claim, you can seek review before the Appeals Council. If the Appeals Council upholds the judge’s decision, your last resort is to file suit in federal court.

At each step, you will need to prove that you have “an inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” The field office, administrative law judge, Appeals Council, or the court will perform a sequential evaluation, asking:

• Is the applicant performing a substantial gainful activity?
• Is the applicant’s health problem or problems “severe”?
• Does the applicant’s impairment meet or equal one listed in the regulations?
• Can the applicant perform his or her “past relevant work”?
• Can the applicant perform any other work in the local and national economy?
• If I have a disability will I be entitled to Social Security?

Even if you are found to have a disability under the Social Security regulations, you will be deemed ineligible for benefits if you are still engaged in “substantial gainful activity” or if the vocational expert finds there are jobs within your limitations that exist in substantial numbers in the local and national economy. You are permitted to perform a limited monthly amount of gainful activity, which changes yearly based on the national average wage index.

Federal law requires attorney fees to be set at 25 percent of your back pay from your Social Security disability award, up to a maximum of $6,000. That means you do not have to pay out of pocket to hire a Social Security attorney and will not have to pay anything if your claim is unsuccessful. Your attorney can petition for more than $6,000 if your claim involves multiple hearings or appeals, although this is a rare occurrence.

Once you apply for benefits, it typically takes four to six months to receive an initial determination. Reconsideration can take another four to six months. If you ultimately seek a hearing before an administrative law judge, it can take approximately 20 months to receive a hearing. And if you decide to take a denial all the way to federal court, it can take many months more to finally resolve your claim. The Social Security attorneys at Lawrence & Associates Accident and Injury Lawyers, LLC will work as diligently and efficiently as the Social Security and court systems allow.