How do I know if I qualify for Social Security Disability Benefits or Supplemental Security Income?

If you answer “yes” to any of the following questions, you may qualify for benefits:

Does my age make a difference?

SSA makes it easier to be found disabled as you get older. It becomes easier for a few people at age 45, for more people at age 50, for most people at age 55, and even more people at age 60. If you’re over age 55 and you cannot do any job you have done in the past 15 years, you should definitely apply. If you’re over age 50 and have a severe impairment that keeps you from doing all but the easiest jobs, you ought to apply.

Why do I need representation? 
Can’t I represent myself?

A person does not need a lawyer's help to file the initial application. After denial of the inital application, appealing a denial is often a complex and very frustrating process. Statistics have shown that people represented by attorneys have been successful more often than people without attorney representation. Not all attorneys practice before the Social Security Administration. You will do best to find an attorney familiar with the maze of Social Security regulations and the unusual procedures. Appeals at the federal level require an attorney to represent a claimant.

I already applied and was denied benefits. 
Why should I keep trying?

People are often denied benefits when they first apply. However, there are many levels of appeal available to claimants. In fact, in 1997 there were 2.6 million SSDI and SSI disability claims. The Social Security Administration denied 68% but 50% of these requested reconsideration. In 1997, approximately 15% of claims that were initially denied and requested reconsideration were approved.

How do I apply for Social Security benefits?

Telephone the Social Security Administration at 1-800-772-1213. When you call, you will be given theoption of 1) going to the social security office to apply for benefits or 2) having your application taken over the telephone. If you choose to go the social security office, the person at the 800 number will schedule an appointment for you and give you directions to the social security office. If you want to apply by phone, you will be given a date and an approximate time to expect a phone call from someone at the social security office who will take your application over the phone.

Don’t I have to wait before I can appeal a denial of benefits?

There are strict deadlines that must be met following a denial. It is best to notify legal representatives immediately following the denial to avoid going through the process from the beginning. If you do not appeal within 60 days of your denial, you will have to start over with a new application. It may mean that you'll lose some back benefits. It is better to appeal right away.

I don’t think I can afford attorney fees,
especially if I lose.

The Social Security Administration strictly regulates attorney fees. We are only paid if you are awarded benefits. Social Security has rules that control attorney's fees and it monitors the attorney's fee we charge. Social Security must approve any fee we collect. In most cases Social Security will automatically pay our fee directly to us. If this does not happen we will ask you to pay our fee. Our regular fee is 25% of your past-due benefit ("back pay") payment.

In some cases, claimants in unsuccessful cases may be asked to pay some expenses such as fees charged by physicians for medical records, obtaining medical opinion letters, etc.


What can I do to help my attorney with my case?