If you suffer from a medical condition that prevents you from working to earn a living, you may qualify for one of the disability programs offered by the federal government. The Social Security Disability Insurance (SSDI) pays benefits to those who qualify through their work history, while Supplemental Security Income (SSI) is a needs-based program intended for individuals with limited means. The monetary and medical benefits are immensely valuable when you cannot sustain yourself through employment.

Unfortunately, the approval rate for initial SSDI and SSI applications is dismally low. This is due, in part, to errors and omissions when a claimant sends in forms and supporting documents. Legal help is critical to avoid denials and delays, but the thought of paying for representation is daunting when finances are tight. The costs of a lawyer might seem difficult to justify. However, when you understand what an Athens, GA disability attorney does to support you, retaining counsel should be a top priority.

Costs to Hire a Social Security Disability Lawyer

Unlike other legal matters, there are strict rules established by the Social Security Administration (SSA) for legal fees. All attorneys who handle SSDI and SSI cases must charge on a contingency basis, which means you do not pay them until you receive disability benefits. The amount is based upon a percentage of the total amount of back pay, and it is paid from your back pay. SSA prohibits charging more than $7,200 or 25 percent of your back pay.

Note that you will also be responsible for the expenses involved with filing an SSDI or SSI claim, which are separate from what a Social Security disability lawyer charges for their time. There are costs associated with obtaining medical records, mailing documents, and other administrative tasks. An attorney is permitted to charge a small upfront fee to cover these amounts, which are held in a client trust account.

Help with SSDI Applications

Legal assistance is valuable when completing an application for SSDI, particularly with the two key criteria:

1. You must suffer from a disabling medical condition that either prevents you from working or limits you from earning a sustainable income. It must be expected to last at least a year or result in death. If you have an injury or ailment on SSA’s Listing of Impairments, i.e., the Blue Book, you are eligible. You may also qualify if you have a condition that is the equivalent of a Blue Book listing.
2. You must have accumulated sufficient work credits by working at your job. With every paycheck, you contribute to the Federal Income Contributions Act (FICA) through deductions from your wages. Once you have sufficient credits as measured by quarter, you will qualify.

Your disability lawyer helps by completing relevant forms and submitting all evidence regarding the two criteria above. Medical records showing your diagnosis, treatment, and all history details will be critical to gaining approval for SSDI.

Assistance with Seeking SSI

The medical requirement for Social Security disability is the same for SSI applications, but your work history and accumulated credits are not relevant. Being a needs-based program, you need to prove to SSA that you qualify for SSI based upon a low financial net worth. One assessment is the real estate and personal property you own. If you have more than $2,000 in assets, or $3,000 as a married couple, you do not qualify for SSI. There are multiple exceptions that are not included in calculating this value, such as your home, a vehicle, and some personal effects.

Your income is another factor that SSA will evaluate to determine eligibility. In 2023, you must earn less than $1,470 per month to qualify. Keep in mind that income means more than just work wages, and SSA counts earnings from interest, investments, and many other sources.

Legal Help for Appeals

Despite believing that you have provided all documents showing that you are eligible for Social Security disability benefits, SSA often denies applications at the initial stages. Fortunately, there are multiple avenues for appeal with SSDI and SSI denials. These stages increase in complexity, but your disability attorney is prepared for challenges. Your claim may go through the following disability appeals:

• You can request reconsideration of the denial, in which you ask officials to take another look at your application and supporting documents. If you need to correct errors or supply new medical information, this is an opportunity.
• If your request for reconsideration is denied, you can ask for a disability hearing before an SSA administrative law judge (ALJ). You can testify and present your evidence to support approval of SSDI or SSI benefits. Government attorneys will defend the position of SSA that your application should be denied.
• There is another level of appeal before SSA’s Appeals Council, who will decide if the ALJ’s findings were correct.
• You can file a lawsuit in court to get SSDI or SSI benefits.

Count on an Athens, GA Disability Lawyer for Legal Support

It is understandable that you have concerns about how much an SSDI/SSI attorney costs when you cannot work and bills start to pile up. However, retaining counsel is a best practice to ensure you get your rightful benefits promptly. For more information, please contact Morgan & Morgan, Attorneys at Law, P.C. to set up a no-cost consultation. An Athens, GA Social Security disability attorney will review your circumstances and discuss next steps in moving forward with your application.

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