Disability Insurance Benefits

The Social Security Administration (SSA) disability insurance program (Title 2 of the Social Security Act ) provides for payment of disability benefits to disabled individuals who are “insured” under the Act by virtue of their contributions to the Social Security trust fund through the Social Security tax on their earnings, as well as to certain disabled dependents of insured individuals. In general, Title 2 disability is the preferable option because many fewer rules apply to Title 2 benefits after approval.

Am I eligible to apply?

To apply for Social Security disability benefits, you must meet technical requirements. Generally speaking, if you have worked and had payroll taxes taken from your check for at least 5 of the past 10 years, you meet the technical requirements and are insured for Title 2 benefits. Even if your work was part time, if you earned at least $6,300 a year for 5 of the past 10 years, you are likely insured. Contact us for a free consultation – we’ll help you find out for sure if you are eligible to apply for Title 2 disability insurance benefits.

What is the process?

Application is the first part of the process. After that, you must be medically approved for benefits. At its simpliest breakdown, the process is Application (33% approved), denial, Request for Reconsideration (12% approved), denial, Request for Hearing, hearing before an administrative law judge (46% approved). Source: SSA ODPMI, January 30, 2017. The time the process takes can vary widely depending on which stage an approval is made and the severity of the medical impairments. Generally, it takes 3 to 5 months for the Application decision; 3 to 5 months for a Reconsideration decision; and 18 to 24 months to get a Hearing before an administrative law judge.

What is the fee for representation?

In most Social Security disability cases, the attorney or other representative is paid 25% of back benefits awarded, up to a cap set by Federal statutes (the cap is currently $6,000).  Typically, you will owe NO ATTORNEY FEE unless and until your claim is approved.  You may be responsible for the out-of-pocket costs associated with your case, whether or not you ultimately win.  Fees will vary depending on the specific circumstances of your case and the stage of your appeal.  We are happy to provide information tailored to your particular case at your FREE initial consultation.