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Frequently Asked Questions about Social Security Disability Law

What does it mean to be disabled?

You are “disabled” for Social Security and SSI (Supplemental Security Income) purposes if, due to a severe mental or physical condition, you are unable to engage in substantial gainful activity for a period of 12 months or more.  If your condition is expected to result in death within 12 months, the 12 month durational requirement does not apply to you.

What is “substantial gainful activity?”

“Substantial gainful activity” (SGA) basically means “work.”  However, it means a bit more than that.  First, it must be “gainful.”  That means that you earn at least $300 per month from work.  If you make more than $300 per month but less than $700 per month, you might still be able to qualify for disability benefits.   The work must have meaningful physical and/or mental demands.  You must be able to do more than show up and collect a paycheck.  Your job must be ordinary, competitive employment.  Work in a sheltered workshop might not count as SGA.  Work in a family business or for a company that cuts you a lot of slack might not count as SGA.  Income that you have that is not from work does not count as SGA.

Is Social Security Disability welfare?

No.  Throughout your working life, you have had money taken out of your paycheck above and beyond your income taxes.  It appears as “FICA” on your pay stubs.  Among other things, that money pays your insurance premiums for Social Security Disability Insurance.

What is SSI?

Supplemental Security Income (SSI) is to provide an income to disabled people who have not worked enough years to be covered by Social Security Disability Insurance.  If you have not worked at all, if you have worked very little, or if your last job was a long time ago, you might be eligible for SSI.  The definition of disability is the same for Social Security and SSI.  However, SSI has the additional requirement of financial need.

I’ve got a good case.  Why was I turned down?

The initial determination of your claim (as well as your first appeal) is generally made from someone who has not met you or heard how your condition affects you.  They have to rely on medical records and other documentary evidence and those things often don’t tell the whole story.

Do I have to have a lawyer to appeal my case?

No.  You can go through the process alone if you choose.  However, there is a lot at stake and having someone who knows the system, understands your rights and represents you can be very helpful.

When should I speak with a lawyer about my case?

We are willing to speak with you on the phone before you even file an application for benefits to answer any questions you might have.  We usually wait until you have been turned down to meet you face to face and begin working on your case.  That’s because until you have been denied benefits, you really don’t have a problem!  If you want representation at an earlier or later stage, we can discuss that with you.

Will you charge me if I call you?

No.  There is no charge to speak with us and no fee unless we win your case and you get money.  If you win your case you are entitled to a retroactive benefit.  How much your retroactive benefit will be depends on several factors.  Our fee is a percentage of your retroactive benefit, usually 25%.