Social Security Disability

Frequently Asked Quetsions

1.    If I become disabled, when should I apply for Social Security Disability (SSDI)?
We recommend applying for benefits when you have been off of work for at least 6 months to 1 year.

2.    What is the difference between SSI and SSDI?
SSI provides basic financial assistance to older adults and persons with disabilities (regardless of age) with very limited income and resources.   SSDI supports persons who are disabled and have a qualifying work history, either through their own employment or a family member (spouse/parent).  The major difference is that SSI determination is based on age/disability and limited income and resources, whereas SSDI determination is based on disability and work credits.

3.    What is the difference between back pay and retroactive benefits?
SSDI back pay is the amount of money that the SSA owes you from the delay caused by their processing time. Generally, this means that the SSA will pay you from the date of your application (assuming you were eligible on that date) until your application is approved and you begin receiving your checks.
SSDI retroactive pay, is not paid to everyone, and it is not affected by the processing backlog. Retroactive pay is the amount of money that you’re owed for the time that you were disabled before you applied for SSDI. Think of it like this: if back pay is compensation due to the SSA’s delay in processing your application, retroactive pay is compensation for your delay in applying for SSDI. 

4.    When should I apply for Supplemental Security Income (SSI) benefits?
You can apply for SSI as soon as you become disabled.

5.    When is the right time to hire Gray Law Firm?
In many cases, people do not feel they need to hire an attorney to help them with the application process until they reach the hearing level.  However, it is not a bad idea to hire an experienced attorney at the initial level to help gather evidence and establish the severity of your condition.

6.    How many stages are there in Social Security?
There are 5 stages to claims.

1.    Initial Application.  This review takes approximately 9-12 months.
2.    Reconsideration.  This review takes approximately 6-9 months
3.    Hearing.  A hearing is typically set within 4-6 months after filing the appeal.
4.    Appeals Council review.  This review takes approximately 6-9 months.
5.    Federal Court appeal.  This stage can take up to a year or more.

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7.    I was denied for benefits recently. Should I appeal or just file again?
We highly recommend filing an appeal.  Recent statistics from the SSA show that 36% were granted at the initial level, 13% granted at reconsideration, and 51% granted at hearing level.

8.    How are you paid?
The only time you pay a fee is after you win benefits.  We are paid from the past due benefits that SSA owes you.  Federal guidelines cap the fee at 25% or a maximum of $7,200 of past due benefits.  In addition to these fees, you as the client, would be responsible for reimbursement of costs incurred in obtaining records and necessary documentation.

9.    I don't want to hire anyone unless I have a better chance of winning. Do represented people fair better than unrepresented people?
Yes!  A study by the U.S. Government Accountability Office (GAO) shows that people who hired an attorney to help them with their disability benefits cases were three times more likely to be successful than people who did not.

10.    Can I work part time while applying for or receiving disability benefits?
In short, yes but there are restrictions.  You cannot earn more than an average of $1,470 (in 2023) per month known as Substantial Gainful Activity or SGA)  Even if you are working part-time and below the SGA amounts, Social Security may still look at your work activity as potential evidence of your ability to do more.