Social Security Disability & SSI Lawyers

The Social Security Disability program is administered by the Social Security Administration and funded by the FICA taxes that you pay when you work. If you become unable to work before you are old enough to retire and collect Social Security, you can apply for SSDI benefits. This program ensures that you will have a minimal monthly income if you are unable to work at your job or at any other job for at least one full year.

Supplemental Security Income is a federal benefit program available to those who are totally disabled and whose income and assets fall within certain limits. No previous work history is required for SSI. In some cases, children can obtain SSI benefits.

You qualify if the SSA determines that you meet its definition of Disability: you have been unable to work at your job or at any other job for at least one full year, and you have worked and paid into the program (mandatory payroll taxes) for five of the last ten years.

The SSA will consider five things: whether you are currently working; the severity of your medical condition (mental or physical); if your medical condition is on its “List of Impairments;” your ability to do the work you did before; and your ability to do any other type of work.

Many clients reach out to us after receiving a denial letter following their initial application. It’s important to understand that being denied doesn’t mean your case is over. You have the right to file an appeal within 60 days of receiving the denial letter. You should contact Jeffrey Freedman Attorneys as soon as possible so we can review your denial and possibly submit the appeal for you.

You generally have 60 days to submit an appeal after receiving a denial notice. However, under certain circumstances the Social Security Administration will accept a late appeal. Some reasons for filing a late appeal are: having a serious illness or being hospitalized during the 60-day appeal time; having limited mental capacity to understand the appeal process; and not having received written notice of the denial. If your reason for appealing late is not accepted as “good cause,” you can still file a new application and request reopening of the prior application. Unfortunately, you will be starting the process over, but the good news is that if your claim is approved and the reopening is granted, your back benefits may extend as far back as they would have with the original application.

Yes. The SSA has four different age categories: 18 to 49-year-olds are considered young workers; ages 50 to 54 are “closely approaching” advanced age; 55 to 59 is “advanced age;” and 60- to 64-year-olds are considered closely approaching retirement age. Security Disability rules change depending on your age category.

Yes. There are four different educational levels: up to sixth grade is considered “marginal;” up to 11th grade is “limited;” a High School Graduate or person with a GED is “High School;” and College is ”more than High School.” Your education level can impact Social Security’s final determination.

The people present will be you, your attorney (if you have one), the Administrative Law Judge (ALJ), and a secretary who operates a tape recorder. Your lawyer or the ALJ may also invite a medical professional or vocational expert to testify. Since COVID, hearings can now be held: in person, via video, or over the phone.

We do not receive a fee unless you are awarded benefits. Then we receive 25% of your back benefits, an amount which is set by the Social Security Administration.