Social Security Disability Lawyer

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Short answer: if a medical condition keeps you from working and is expected to last at least a year, you may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Most first applications are denied, and the appeal deadlines are short. Abdi & Associates, Inc. represents SSDI and SSI claimants nationwide, in all 50 states, from the first application through the hearing and appeal, and we handle these cases in-house. Because Social Security is a federal program, we can represent you wherever you live, and most of the work happens by phone, mail, and video. Free consultation, 24/7, English and Spanish: (888) 772-2529. No fee unless you win, and fees are capped by federal law.

SSDI vs. SSI: which program applies to you?

Social Security Disability benefits come from two different programs run by the Social Security Administration (SSA). Both use the same medical definition of disability, but they have different financial rules, and many people qualify for one, the other, or both at the same time.

Social Security Disability Insurance (SSDI) is earned insurance. You qualify by having worked and paid Social Security taxes long enough and recently enough to be “insured.” Your monthly benefit is based on your lifetime earnings, not on financial need, and your spouse and children may qualify for auxiliary benefits on your record. After 24 months of SSDI entitlement you become eligible for Medicare.
Supplemental Security Income (SSI) is a needs-based program for disabled, blind, or aged people with limited income and resources, regardless of work history. In 2026 the federal SSI benefit rate is $994 per month for an individual and $1,491 for a couple, reduced by countable income. Countable resources generally must be under $2,000 for an individual or $3,000 for a couple. SSI recipients generally qualify for Medicaid (Medi-Cal in California).
Concurrent claims. If your SSDI benefit is low because of a limited earnings record, you may receive SSI on top of it. We evaluate both programs for every client.

Who qualifies: the SSA’s definition of disability

SSA pays benefits only for total disability. It does not pay for partial or short-term disability. To be found disabled you must have a medically determinable physical or mental impairment that has lasted or is expected to last at least 12 continuous months or result in death, and that keeps you from doing substantial work (20 C.F.R. § 404.1505). SSA decides every adult claim with the same five-step sequential evaluation (20 C.F.R. § 404.1520):

Are you working at the “substantial gainful activity” (SGA) level? In 2026, earning more than $1,690 per month ($2,830 if you are blind) generally means SSA will not find you disabled, whatever your diagnosis.
Is your impairment severe? It must significantly limit your ability to do basic work activities and meet the 12-month duration rule.
Does your condition meet or equal a listing? SSA’s Listing of Impairments (the “Blue Book”) describes conditions severe enough to be disabling on the medical evidence alone. Meeting a listing wins the claim at this step.
Can you do your past relevant work? SSA assesses your residual functional capacity (RFC), what you can still do despite your limitations, and compares it to jobs you held in the past.
Can you do any other work? Considering your RFC, age, education, and work experience, SSA decides whether other jobs exist in significant numbers that you could do. Rules called the medical-vocational guidelines (the “grids”) make it easier to win at this step as you get older, particularly at ages 50 and 55.

Most claims are won or lost at steps 3 through 5, on the strength of the medical records and on how clearly your doctors describe your functional limits. That is where representation matters most.

Work credits for SSDI

SSDI requires enough work credits. You earn up to four credits a year; in 2026 one credit is earned for each $1,890 in covered earnings. Most workers need 40 credits, 20 of them earned in the 10 years before the disability began, but younger workers need fewer. This is why the date you became disabled matters: your “date last insured” is the last day you still meet the recent-work test, and if you became disabled after it, SSDI is not available even if you are clearly disabled today. SSI has no work-credit requirement.

Common conditions that qualify

Any physical or mental condition can qualify if it meets SSA’s severity and duration rules. Conditions that commonly qualify include:

Musculoskeletal: degenerative disc disease, herniated discs, spinal stenosis, failed back surgery, severe arthritis, joint replacements, amputations
Cardiovascular and respiratory: heart failure, coronary artery disease, COPD, pulmonary fibrosis
Neurological: multiple sclerosis, epilepsy, Parkinson’s disease, stroke, traumatic brain injury, neuropathy
Mental health: major depression, bipolar disorder, anxiety and panic disorders, PTSD, schizophrenia, intellectual disability, autism spectrum disorder
Cancer, kidney disease requiring dialysis, diabetes with complications, autoimmune disorders such as lupus and rheumatoid arthritis, HIV/AIDS, and chronic liver disease
Work injuries that leave permanent restrictions. If you were hurt on the job, you may have a workers’ compensation claim and an SSDI claim at the same time, and the two interact (see below).

If your condition is not listed, you can still win by showing your combined impairments leave you unable to sustain full-time work. SSA also fast-tracks certain serious diagnoses through its Compassionate Allowances program.

How the application and appeal process works

Initial application. Filed online, by phone, or at a local SSA office. A state Disability Determination Services (DDS) office reviews your medical records and may send you to a consultative exam. The majority of initial applications are denied, often for incomplete records rather than because the person is not disabled.
Reconsideration. A full review by a different DDS examiner. You must request it within 60 days of receiving the denial. New evidence can be added.
Hearing before an Administrative Law Judge (ALJ). Requested within 60 days of the reconsideration denial. This is the most important stage: you testify, a vocational expert usually testifies about jobs, and your representative questions the witnesses and presents the medical case. Hearings are held by video, by phone, or in person at an SSA hearing office, which is how we represent claimants in every state.
Appeals Council. Reviews the ALJ decision for legal error; must be requested within 60 days.
Federal district court. A civil action filed within 60 days of the Appeals Council’s notice (42 U.S.C. § 405(g)).

SSA presumes you received a notice 5 days after the date on it, so each 60-day clock effectively runs 65 days from the notice date (20 C.F.R. §§ 404.901, 404.909, 404.933, 404.968). Missing a deadline usually means starting over with a new application and losing months or years of back benefits, unless you can show good cause for the delay. If you have a denial letter, call us before the deadline, not after.

Deadlines, waiting periods, and back pay

Appeal deadline: 60 days from receipt of each denial, at every level.
SSDI waiting period: SSDI benefits begin after five full calendar months of disability (20 C.F.R. § 404.315). There is no waiting period for people with ALS. SSI has no five-month waiting period.
Back pay (retroactive benefits): SSDI can be paid for up to 12 months before the month you applied, if you were disabled that early (20 C.F.R. § 404.621). SSI is payable only from the month after you apply (20 C.F.R. § 416.335), which is why applying early, or establishing a protective filing date by contacting SSA in writing, can be worth thousands of dollars.
Medicare: begins after 24 months of SSDI entitlement, with exceptions for ALS and end-stage renal disease.
Trial work period: once approved, you can test your ability to work for up to nine months without losing SSDI; in 2026 a month counts toward the trial work period when earnings exceed $1,210.

Why applications are denied

Insufficient medical evidence. Gaps in treatment, records that do not describe functional limits, or missing specialists’ opinions.
Earnings above the SGA level in the months you claim to be disabled.
Duration. A condition expected to improve within 12 months.
Not following prescribed treatment without a documented reason (cost, side effects, or a medical opinion can be valid reasons).
Drug or alcohol use that SSA considers material to the disability.
Insured status. Becoming disabled after your date last insured (SSDI), or having income or resources over the limit (SSI).
Incomplete or inconsistent forms, especially the function report and work history report, which SSA compares against your medical records and testimony.
Not appealing. A large share of people who are denied never appeal, even though many claims are won at the hearing level. A denial is the beginning of the process, not the end.

What a Social Security Disability lawyer does for you

Evaluates which program (SSDI, SSI, or both) you qualify for and the strongest alleged onset date, which drives back pay and insured status
Gathers complete medical records and obtains detailed opinion statements from your treating doctors that address the specific functional limits SSA looks for
Completes SSA’s forms accurately and consistently, and meets every deadline
Prepares you to testify and represents you at the hearing, including questioning the vocational and medical experts
Applies the listings, the RFC rules, and the medical-vocational guidelines to your case, and briefs the judge on why they support a finding of disability
Coordinates your claim with a workers’ compensation case, an employment claim such as disability discrimination, or a long-term disability insurance claim, so one case does not undermine another

What it costs

Nothing up front. Social Security disability representation is on a contingency basis under a fee agreement approved by SSA. Under current SSA rules, the fee is limited to 25% of your past-due benefits, up to a maximum of $9,200, whichever is less (SSA fee agreement rules). SSA withholds the fee from your back pay and pays it directly; nothing comes out of your ongoing monthly benefits. If you do not win, you owe no attorney fee.

Hurt at work? SSDI and workers’ compensation together

Many people pursuing Social Security Disability also have a workers’ compensation claim for the same injury, and we handle both in-house. The two benefits overlap: SSA applies an offset so that combined workers’ compensation and SSDI payments generally cannot exceed 80% of your pre-disability average earnings (42 U.S.C. § 424a), and the way a workers’ compensation settlement is written can change how much SSDI you keep. Handling both claims under one roof lets us structure the comp settlement with the Social Security offset in mind. And if your employer fired you or refused to accommodate your restrictions, a separate disability discrimination claim may exist as well.

Tips for a stronger claim

Apply as soon as you know the condition will last 12 months or more. Waiting can cost back pay and, for SSDI, insured status.
Keep treating and keep the records. Regular visits, specialist referrals, imaging, and test results are the evidence.
Ask your doctors to document function, not just diagnosis: how long you can sit, stand, and walk; how much you can lift; how often you would miss work or be off task.
Be consistent. What you tell SSA on the forms, what you tell your doctors, and what you say at the hearing should match.
Keep a symptom diary of bad days, side effects, and daily activities you can no longer do.
Do not ignore a denial. Calendar the 60-day deadline the day the letter arrives.
Tell SSA and your representative about any work, even part-time, and about any workers’ compensation or other public disability benefits.

Frequently asked questions

Do you take Social Security Disability cases outside California?

Yes. Abdi & Associates represents SSDI and SSI claimants in all 50 states. Social Security is a federal program with the same rules everywhere, representatives are admitted to practice before SSA nationally, and hearings are routinely conducted by video or phone. Our workers’ compensation and employment practice is California-only; our Social Security practice is nationwide.

How long does a Social Security disability claim take?

It varies widely by state and hearing office. Initial decisions commonly take several months, and a hearing after reconsideration can take a year or more in many offices. Complete medical records, a request for a critical or dire-need designation where it applies, and Compassionate Allowance conditions can shorten the process. We will give you a realistic estimate for your hearing office after we review your file.

Can I work while my claim is pending?

Limited work below the SGA level ($1,690 per month in 2026) does not automatically disqualify you, but work activity is evidence about what you can do and should be discussed with your representative first.

I was denied. Should I appeal or reapply?

Appeal, almost always. A new application gives up your original protective filing date and the back pay tied to it, and the strongest stage of the process is the hearing, which you reach only by appealing.

What is a protective filing date?

The date SSA records your written intent to file, which can be earlier than the date you complete the full application. It sets the earliest month benefits can be paid for SSI and matters for SSDI back pay, so contacting SSA or having a representative do so early protects money.

Will my SSDI be reduced by workers’ compensation?

It can be. Federal law limits combined workers’ compensation and SSDI to 80% of your average current earnings. How the comp settlement is drafted affects the offset, which is one reason to have both cases handled together.

What if I am over 50?

SSA’s medical-vocational guidelines make it easier to be found disabled at ages 50, 55, and 60 when you are limited to lighter work than you did before and lack transferable skills. Many claims that would be denied for a younger worker are approved for an older one with the same restrictions.

Do I need a lawyer to apply?

No, but the medical development, the forms, and the hearing are where claims are won or lost, and the fee is paid only out of back benefits SSA awards. There is no cost to having your claim reviewed.

Denied, or ready to apply? Call (888) 772-2529 for a free consultation, 24/7, in English or Spanish. We represent Social Security Disability claimants nationwide. No fee unless you win.

Primary sources: Social Security Administration, 20 C.F.R. §§ 404.315, 404.621, 404.901, 404.909, 404.933, 404.968, 404.1505, 404.1520, 416.335, 416.1205; 42 U.S.C. §§ 405(g), 424a; SSA Red Book 2026 figures (SGA, trial work period, SSI federal benefit rate); SSA quarter-of-coverage amounts; SSA fee agreement rules.

Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Last updated: September 2, 2026. Attorney advertising. This page is general information, not legal advice about your specific situation. Benefit amounts and thresholds change each year; deadlines have exceptions. Confirm yours with an attorney. Past results do not guarantee future outcomes.