FAQs

The two types of Social Security disability programs are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). In general, SSDI benefits are for “insured” disabled or blind individuals who have worked five of the past ten years and have adequately contributed to the Social Security trust fund based on their earnings withheld from employment income. On the other hand, Supplemental Security Income (SSI) monthly benefits for disabled or blind adult individuals and children whose financial resources are below specific financial limits and who meet the agency's definition of disabled or blind. 

Any physical or mental health condition or combination of conditions could qualify for Social Security disability benefits so long as they are severe enough and supported by medical evidence. To meet the SSA’s definition of disability, an individual must not be able to engage in any substantial gainful activity (SGA) due to a medically determinable physical or mental impairment that has lasted or is expected to last for a continuous period of at least 12 months or lead to death.

Additionally, the SSA maintains a list of physical and mental impairments and guidelines for specific conditions that will automatically qualify a person for Social Security disability benefits. However, applicants can still apply for SSDI even if their condition is not on the list. Social Security may consider the applicant's conditions if it severely limits function and ability to work.

The Social Security Blue Book is the Social Security Administration’s (SSA) listing of disabling impairments. The Blue Book lists specific criteria under which individuals who suffer from a disabling condition can qualify for Social Security disability benefits automatically. The Blue Book covers both physical and mental impairments. If an individual condition matches the severity of one of the listings, Social Security automatically considers you disabled. The Blue Book is incredibly detailed in explaining the requirements needed supported by medical evidence and evaluated by the Social Security Administration.

No. A healthcare provider merely making a conclusory statement that they believe you are disabled or should apply for disability is insufficient to meet the evidentiary proof needed to establish disability as defined by the SSA’s rules. However, a detailed letter supported by medical evidence stating your mental and/or physical limitations to perform specific work activities can be helpful. 

Typically, whether you are applying for Social Security Disability Insurance and/or Supplemental Security Income benefits it takes 3 to 5 months to have an initial decision made on your initial application of benefits. This will depend on how long an individual takes to submit the necessary paperwork when requested as well as the time for the agency to obtain any past medical records or examination of the applicant. However, if the initial decision is unfavorable and appeals are necessary this will obviously increase the process time for the case. 

If the SSA denies your application for Social Security disability benefits you are not alone. Statistics show the SSA denies about 64% of individuals applying for disability benefits at the initial application level. However, if the agency denies your claim, do not lose hope. 

There are four levels of appeal. The first level of appeal is Reconsideration. The second level of appeal is a Request for Hearing before an administrative law judge. At this level, we see the highest chances of disability benefit approval. The third level of appeal is to the Appeals Council. And, the final level of appeal is to federal district court. It is important to note that there are strict deadlines within which to file an appeal at each level of appeal or the decision becomes final. 

Appealing the case will allow you additional time to gather medical evidence and other information potentially strengthening your claim. Additionally, it will give you time to consult with an experienced Social Security disability lawyer who can improve your chances of success on appeal. Therefore, we encourage people not to give up and to file a timely appeal. 

The lawyers at Johnson & Legislador, PLC help guide people with disabilities through the complexities of the Social Security disability process. Our lawyers have experience with the rules and regulations. They help get medical records and additional specific information to support your claim. It is important to have representation at the start of the application process since it can improve an individual’s chances of disability benefit approval.

If you are thinking of applying for social security disability one of the biggest things that will help your case is consistently seeing your medical providers and getting treatment for the medical conditions, you are claiming to prevent you from working.  All too often, Social Security disability claims are denied because of a lack of medical documentation and tests to support the severity of the allegedly disabling medical conditions. Large gaps between treatments, or no treatment at all, suggest the conditions are not severe. 

However, another significant difference maker is having a legal representative help guide you through the complexities of the process. This often leads to better outcomes. The lawyers at Johnson & Legislador, PLC help guide people with disabilities through the Social Security disability process to put forth the strongest case before an administrative law judge if necessary. Our lawyers have experience with the rules and regulations. They help get medical records and additional specific information to support your claim. It is important to have representation at the start of the application process since it can improve an individual’s chances of disability benefit approval.

If you would like to request a free consultation to learn how we can help you win your case, click here.