Frequently Asked Questions
What are the criteria to qualify for disability benefits?
The simple answer is that you must have an impairment or a combination of impairments that will prevent you from working a full-time job for a period of at least 12 months.
My impairments are severe enough that they will prevent me from working for at least 12 months. What type of benefit do I qualify for?
If you have a steady full-time work history, you may qualify for Social Security Disability Insurance benefits. This type of benefit is based on your work and earnings history. If you have never worked, it’s been a long time since you’ve worked, or you have an inconsistent work history, you may be eligible for Supplemental Security Income. Supplemental Security Income is only available to disabled individuals with low income and few resources.
I’m going to be out of work for 6 months due to an injury. Do I qualify for disability benefits?
Unless you bought a short- or long-term disability policy through your employer, there is no short-term federal disability benefit available. The standard for receiving a disability benefit through the Social Security Administration is that your impairments must prevent you from working for at least 12 months.
How long does the process take?
A first-time application typically takes over 200 days for a decision. If you have to appeal, the process can take several years.
Do you work with disabled children?
At this time, we are unable to work with minor children (under age 18).
Do you charge a fee?
The Social Security Administration authorizes a fee of up to 25% of a claimant’s retroactive (back) benefits when the claim is successful and the claimant is entitled to retroactive benefits. There is no fee if the claim is unsuccessful, and there is a cap on how high the fee can be (currently set at $9200). Our fee is slightly lower, at 20% of retroactive benefits, and we do not charge for anything additional, like medical records.
Do you handle Overpayment or Continuing Disability Review Cases?
At this time, we are unable to provide representation for Overpayment or Continuing Disability Review cases.
Why choose Disability Advocates?
We offer similar services to a traditional law firm, except that our fee is slightly lower. We also work with claimants who might not otherwise be accepted by a traditional law firm, like individuals who are younger, homeless, or SSI-only eligible. Disability Advocates is in this process with our clients from initial application through Appeals Council level, if necessary. We take pride in carefully guiding our clients through their disability cases in order to ease the stress of what can be a confusing and difficult process.
How can I support this work?
Disability Advocates is a 501(c)3 nonprofit organization. Your tax-deductible gift funds the outreach work we do with individuals who are homeless, homebound, or otherwise unable to travel to us. It similarly funds our work with younger individuals and those lower income individuals who are unable to obtain representation from a traditional law firm.