Social Security Disability Benefits Explained
The Social Security Administration (SSA) provides two different kinds of assistance for people with disabilities: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Both programs provide a monthly benefit to eligible applicants, however, the qualifications for SSDI and SSI are different.
SSDI is available to anyone who has worked in a job covered by Social Security and is no longer able to work due to a disability. The disability must amount to a severe health condition that is expected to last at least a year and prevents you from doing any substantial gainful activity. If you qualify for SSDI, your monthly benefit amount varies depending on several factors, including: When calculating your benefit, the SSA will review your income and assets, if you have any , but only those that exceed the SSI limits. Because those who are eligible for SSDI pay into the program while they work, these individuals are not subject to SSI’s income and asset limits for eligibility.
SSI is available to anyone who makes below the SSA’s strict income limits and number of assets, and suffers from a disability that prevents them from doing substantial gainful activity. SSI is unique because you do not have to work in a job covered by Social Security. This makes SSI a great option for children who suffer from a disability, but do not earn an income. With SSI coverage, the maximum monthly federal benefit amount varies depending on your living situation but is only available to U.S. citizens as well as certain classes of non-citizens.
If you apply for SSI benefits and do not qualify, you may be granted a special needs request for FLA legal aid.
Why You Need a Legal Aid Lawyer For SSDI Claims
Legal aid in general is available to assist those who cannot afford to hire a private lawyer. Legal aid is available in every state and many cities in the form of groups that provide legal assistance without charge, or at a minimal cost based on a sliding scale of income. You qualify if your income falls below a set amount, usually around 250% of the federal poverty level. Legal aid offices usually help in three areas. Most legal aid helps in civil cases, and some legal aid groups offer representation in criminal cases. Legal aid can be invaluable to individuals going through the SSDI or SSI disability claims process.
SSA disability benefits are expensive for the government to pay out, and therefore strict rules are in place that determine who qualifies for benefits. The claims process is so complex that many times legitimate claims for disability benefits are denied; sometimes, as much as 70% of all new SSDI claims are denied. The disability determination and appeals process takes 2 to 4 years (or longer) and can reach all the way to the Supreme Court, which denies some cases. Even the US Supreme Court can be unpredictable in the disability claims process. For individuals who do not hire an experienced disability attorney to help guide them through the process, having to understand these complex laws and rules can be a nightmare. This is why they need legal aid.
Locating Free Legal Help
There are several resources available for individuals looking for free or heavily discounted legal assistance with Social Security Disability claims. Legal Aid Programs across the country offer free legal aid through various nonprofit, volunteer, or reduced-fee programs. The American Bar Association maintains a nationwide directory of free legal aid programs in each state, in Spanish as well.
Nonprofit Networks
In addition to nationwide networks, there are nonprofit organizations and service programs dedicated to connecting those in need of legal assistance with professionals who can provide it. Sign up is free, and eligibility for services is determined on a sliding scale. Nonprofit and service programs can offer information and advice on benefits assistance and social security legal issues, help with appeals and forms, and may even provide clients with pro bono representation.
Law School Programs
Many law schools throughout the country provide legal aid through programs affiliated with their school’s disability law center, law review, or civil litigation clinics. Law students work with full-time faculty and staff under the supervision of licensed attorneys. It is important to note, however, that because these are law school programs, services are typically offered only weekdays during normal business hours and may be subject to limitations based on availability. As a general rule, students will not assist with a case if litigation has already been started, due to the strict code of professional responsibility. Individuals interested in taking advantage of this benefit should sign up early. Service is generally limited to indigent applicants who meet certain criteria.
Social Security’s Information Service
The Social Security Administration’s website, http://www.socialsecurity.gov provides information and resources online about Social Security Disability and Supplemental Security Income (SSI) benefits. In addition to detailed explanations of benefits qualifications, the website also offers an interactive guide to help individuals estimate their Disability Insurance Benefits, a glossary of Social Security terms, online application status, local office lookup, an insider’s guide to appealing a denied claim, and much more.
Determining Eligibility for Legal Aid
To qualify for free legal aid, individuals must be unable to afford the services of an attorney. Legal aid organizations assess your qualifications through the following criteria:
Income: If you are a low-income individual or family, you may be able to receive free legal aid. Different legal aid organizations set their own thresholds for what constitutes "low-income."
Case Type: Not all legal disputes are covered by legal aid services. Legal aid organizations help resolve cases for clients facing civil legal issues. Clients needing assistance with criminal law matters do not qualify for legal aid.
For example, D.C. Legal Aid certifies applicants each year based on monthly income and the number of people in the family. Monthly income for the year must be at or below 125 percent of the federal poverty guidelines, and applications are only accepted for civil legal matters.
Documentation: Legal aid organizations ask that applicants prepare a list of required documentation before applying for legal aid. In general, applicants will need proof of income, such as a pay stub, bank records and tax filings. Additionally, legal aid organizations may require proof of residence, identification cards, citizenship documents or Social Security cards.
Because legal aid organizations are located in many cities and towns, with different eligibility requirements based on location, applicants should determine which organizations serve their area of primary residence.
While legal aid is only available for qualifying applicants, attorneys specializing in Social Security disability appeals can advise individuals on how to work within Social Security guidelines to ensure that qualified applicants receive compensation benefits.
Getting Ready for Your Initial Meeting with a Free Legal Aid Lawyer
Your initial consultation will most likely be over the phone, and probably last for about an hour. If you are going into the office, or are lucky enough for the attorney to visit you at home, expect it to last about 30-45 minutes. The attorney will need the following information about you: name, address, phone number, date of birth, social security number, employment history, and current status if you are working . Also have ready details of your past and present medical providers, and the lengths of treatment provided. Come prepared with a list of questions for your attorney, including queries about the workings of social security disability and any other needs you may have. It is not a requirement that you ask your attorney questions during the initial consultation, but if you are well-prepared, you will leave with much more information about the process of social security disability, and hopefully, some peace of mind.
How to Work With A Free Legal Aid Attorney During The Appeal Process
When a first Social Security disability claim is denied, and the claimant has had their last little savings chips taken by bills and old debts, it can be difficult to imagine fighting back. However, that is precisely when getting a lawyer onto your claim can pay off. If you are already legally aided, your legal aid attorney should be able to do a lot of the grunt work for you, filing the appeal and getting other paperwork in order.
The appeals process involves a lot of moving around back and forth between different authorities. This is why the disability process makes sense to a trained attorney, but can daunt the average claimant. Your attorney will file an appeal (called a Request for Reconsideration) and help you meet any deadlines that are set. Some appeals are more complex than others and may involve a hearing, the claimant receiving a letter asking them to testify at a hearing and allow a judge to question them. Again, your new social security disability attorney should be able to help you prepare for this process and answer your questions.
It is not uncommon for a judge to seek out medical evidence by directly contacting your doctor. This is where your lawyer can provide the most immediate help. They can help you gather any additional medical evidence that might be needed or provide you with better recommendations for doctors in your area who can assist with your claim. Your attorney can also help investigate previous claims you have made through other agencies, like Veterans Affairs benefits. Additional claims may have some bearing on your current claim for disability support, particularly if you are claiming Social Security disability benefits while waiting for a Veteran’s bonus or pension to kick in.
Cases Where Legal Aid Helped with SSDI
Through the years, I have represented hundreds of clients who first sought help from free legal aid organizations, often with successful outcomes. One case that comes to mind is that of a mother of two who had suffered multiple strokes and was unable to return to work. With no money to pay an attorney and facing rejection from SSA, she was referred to me by a local legal aid office. After obtaining her medical records, I filed a new claim for benefits after her initial denial, and after winning the case at the hearing, my client received more than $50,000 in past due benefits as well as her monthly benefit.
Another client of four children contacted me about his case after being referred by a legal aid office in another state. This gentleman had worked for most of his life, paid into the system , and had come through a rough divorce. He had been denied disability benefits by SSA for failing to properly treat his pain due to a broken back. His treating doctors and medical records supported his claim. I helped him navigate the difficult process years ago. In addition to the monthly check, this client received a retroactive amount due to him exceeding $80,000.
While these may seem like some of my biggest successes, there are many smaller victories. When helping clients navigate the complicated disability process, we have obtained benefits for the disabled along with tens of thousands of dollars in retroactive benefits. We believe we have a better chance of a successful outcome when we review the file before a hearing date is scheduled. I have seen cases among the few hundred that I have filed that go back many years. When you don’t have the luxury of knowing how long it may take to get an appointment with an Administrative Law Judge, or in other words "waiting in line," it is important to get my clients a disability check as soon as possible.
