Social Security Disability Attorneys

Q: What’s the difference between SSDI and SSI?

SSDI (Title II) is for people who have paid enough Social Security taxes through work — typically 5 of the last 10 years for adults. SSI (Title XVI) is need-based with strict income and resource limits ($2,000 for individuals, $3,000 for couples) and doesn’t require work credits. Many claimants qualify for both ("concurrent claims").

Q: How long does the process take?

Initial decisions typically take 3–6 months. Reconsideration adds another 3–6 months. ALJ hearing wait times vary by office but commonly run 12–18 months from request. Federal court appeals add another 1–2 years. Most successful cases take 1–3 years from initial application to award.

Q: Why are so many initial applications denied?

About two-thirds of initial applications are denied — usually because the medical evidence in the file at that stage doesn’t demonstrate the claimant meets SSA’s definition of disability. Initial reviews are quick and rely on what’s in the file; ALJ hearings are slow and involve developing the medical record fully and presenting it through testimony.

Q: Can I work and still get benefits?

The substantial gainful activity (SGA) threshold limits earnings while applying or receiving benefits. The 2025 SGA limits are approximately $1,620/month for non-blind individuals and $2,700/month for blind individuals. SSDI also has a Trial Work Period that allows up to 9 months of work above SGA without losing benefits.

Q: What if I’m denied at the ALJ hearing?

You can request Appeals Council review within 60 days. If the Appeals Council denies (or declines to review), you can file a federal court appeal within 60 days. Federal court cases are decided on the administrative record and typically remand to SSA for further proceedings rather than awarding benefits directly.

Q: How much does an SSDI attorney cost?

Federally capped at 25% of past-due benefits, with a fixed maximum (currently $9,200 in most cases). Fees are paid only from back pay if you win, never from your ongoing monthly benefit. SSA approves the fee agreement at the end of the case. You pay nothing if your claim is denied.

DearLegal connects you with experienced Social Security Disability attorneys who handle SSDI and SSI claims, reconsideration, ALJ hearings, Appeals Council review, and federal court appeals. Fees are federally capped at 25% of past-due benefits, with a fixed maximum — and you pay nothing if there’s no recovery. We’ll match you with the right attorney near you.

What’s the difference between SSDI and SSI?

How long does the process take?

Why are so many initial applications denied?

Can I work and still get benefits?

What if I’m denied at the ALJ hearing?

How much does an SSDI attorney cost?

Why Do You Need a Social Security Disability Attorney?

Social Security Disability is a federal benefits program with state-administered front-end processing — which means dealing with two agencies (your state Disability Determination Services and the SSA), navigating a sequential evaluation framework, and providing medical evidence in a format the agency understands. About two-thirds of initial applications are denied. Reconsideration denial rates are similar. The case typically isn’t actually won until the Administrative Law Judge hearing — and the data is consistent: represented claimants win at significantly higher rates than unrepresented claimants at every stage. The fee structure makes attorney involvement low-risk: federally capped at 25% of past-due benefits with a fixed maximum, paid only from back pay if you win, and never out of your ongoing monthly benefit. There’s essentially no financial reason not to have representation.

Social Security Act

SSDI (Title II) and SSI (Title XVI) are governed by the Social Security Act (42 U.S.C. §§ 401–434 for SSDI; §§ 1381–1383 for SSI). SSDI requires sufficient work credits; SSI is need-based with no work-credit requirement.

Sequential Evaluation Process

SSA uses a five-step sequential evaluation: (1) Are you working? (2) Is your impairment severe? (3) Does it meet or equal a Listing? (4) Can you do past work? (5) Can you do any work? Each step matters; cases are won and lost at specific steps.

Medical-Vocational Grid

For claimants over 50 who can’t return to past work, SSA uses the medical-vocational guidelines ("the grids") to evaluate disability based on age, education, work experience, and residual functional capacity. The grids meaningfully favor older claimants.

Listing of Impairments

The Listings (Blue Book) identify medical conditions severe enough to qualify automatically when met. Includes musculoskeletal, cardiovascular, mental, neurological, immune, and other categories. Meeting or equaling a Listing wins the case at step 3.

Fee Cap

Federal law caps SSDI/SSI attorney fees at 25% of past-due benefits, with a fixed maximum (currently $9,200 in most cases, periodically adjusted). Fees are paid only from back pay if you win, never from ongoing monthly benefits, and require SSA approval.

Typical Attorney Fee

25% contingency — no fee unless you win

When Do You Need a Social Security Disability Attorney?

Our network includes social security disability attorneys who handle every kind of case, including:

Types of Social Security Disability Cases

From the moment you connect with a social security disability attorney, they go to work protecting your case. The most common matters we handle:

Missing the 60-day deadline to appeal each level (initial denial, reconsideration, ALJ, Appeals Council)

Working over the substantial gainful activity (SGA) threshold while applying

Letting medical treatment gaps appear in the record (SSA infers improvement from gaps)

Applying for unemployment while claiming disability (they’re inconsistent positions)

Going to the ALJ hearing without preparation or representation

Failing to update SSA when you move or change phone numbers (missed notices end cases)

Filing initial applications without supporting medical records — the file at the initial stage is what gets reviewed

Missing the 60-day deadline to appeal each level (initial denial, reconsideration, ALJ, Appeals Council)

Working over the substantial gainful activity (SGA) threshold while applying

Letting medical treatment gaps appear in the record (SSA infers improvement from gaps)

Applying for unemployment while claiming disability (they’re inconsistent positions)

Going to the ALJ hearing without preparation or representation

Failing to update SSA when you move or change phone numbers (missed notices end cases)

Filing initial applications without supporting medical records — the file at the initial stage is what gets reviewed

Common Social Security Disability Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Social Security Disability Attorneys Cost?

25%

Federally capped at 25% of past-due benefits, with a maximum total fee set by the Social Security Administration.

SSDI and SSI attorney fees are federally capped under 42 U.S.C. § 406 — 25% of past-due benefits, with a fixed maximum (currently $9,200 in most cases, periodically adjusted). Fees are paid only from back pay if you win, never from your ongoing monthly benefit. Federal court representation can be billed under the Equal Access to Justice Act in addition to the standard fee. SSA approves all fee agreements.

What Can Your Social Security Disability Compensation Include?

Monthly Benefit (PIA)

SSDI monthly benefit based on the claimant’s lifetime earnings (Primary Insurance Amount). Average SSDI benefit is approximately $1,500–$1,600 per month in 2025. SSI maximum federal benefit is $943 individual, $1,415 couple (2024 figures, COLA-adjusted).

Past-Due Benefits (Back Pay)

Retroactive benefits from the disability onset date through the award date (less the 5-month SSDI waiting period). Cases that take years to develop often produce substantial back-pay awards — sometimes tens of thousands of dollars.

Auxiliary Benefits

SSDI provides dependent benefits for spouses and minor children of the disabled worker. Each dependent generally receives 50% of the worker’s benefit, subject to family-maximum caps.

Medicare Coverage

SSDI recipients qualify for Medicare 24 months after onset of disability benefits (immediate for ALS and end-stage renal disease). Medicare A, B, and D coverage. SSI recipients qualify for Medicaid in most states immediately.

State Medicaid

SSI recipients qualify for Medicaid in most states immediately upon SSI award. SSDI-only recipients qualify after the Medicare waiting period. State-specific Medicaid eligibility varies for working-disabled programs and dual-eligible status.

State Supplementary Payments

Several states (California, New York, Massachusetts, New Jersey, Pennsylvania, others) pay supplementary amounts on top of federal SSI. Amounts and eligibility vary by state and living arrangement.

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Social Security Disability Attorneys

Why Do You Need a Social Security Disability Attorney?

When Do You Need a Social Security Disability Attorney?

Types of Social Security Disability Cases

Common Social Security Disability Mistakes

How Much Do Social Security Disability Attorneys Cost?

What Can Your Social Security Disability Compensation Include?

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