Social Security Disability FAQs

Anyone who is unable to obtain and perform any kind of significant and gainful work due to a physical or mental disability or a combination of impairments can be eligible for Social Security Disability (SSD) payments if the impairment has lasted or is expected to last for at least a year or is expected to result in death. 

You must have worked and paid Social Security tax for about five out of the ten years immediately preceding the onset of your disability. Different rules apply to people under 30 years old. If you aren’t covered for SSD benefits because you haven’t worked enough, you may still be eligible for Supplemental Security Income (SSI) benefits.

You must show that you can’t do any kind of full-time work taking into consideration your age, education and work experience. If you are under 50, this means you can’t do any work of any kind. At 50 and older, Social Security gives greater consideration to the type of work you’ve done in the past and how much education you have. You cannot get benefits if you are able to work regularly on a sustained basis, even if no one will hire you.

If you are suffering from physical and/or mental limitations or injury, that makes it unlikely that you will be able to return to regular, sustained work, you should consider applying for SSD and/or SSI. If you are uncertain it may be beneficial to contact a trained legal professional to discuss your situation. The Marshall Grinder Debski Pitts Law Firm does not charge a fee for consulting with an experienced and skilled lawyer who can help you consider all of your choices and decide what to do.

Social Security Disability recipients usually receive two forms of assistance: a monthly check and payment of some medical expenses. How much a person collects depends on work history and, in SSI claims, other available income. Federal medical benefits are administered through Medicare. Learn more about Medicare here.

Yes. If the work-related injury will prevent the injured party from working for one year or more or is expected to result in death, then the worker could be eligible for SSD benefits.

As soon as possible! You should file soon after you become disabled and are unable to work. You do not need to wait twelve months to apply. An application for SSD may also be filed after the death of a disabled worker. It must be filed within three months of the death of the worker.

When you apply you should ask to be considered for both SSD and SSI in case you haven’t worked long enough to be eligible for SSD. Even if you are eligible for SSD, if your earnings are very low, you still might benefit by applying for both.

The whole process can be very time-consuming. The sooner you get started, the sooner you may begin to receive financial assistance from Social Security.

Our office can handle the filing process on your behalf, including the necessary paperwork, so you can avoid navigating the Social Security application process on your own.

Please provide a list of your medical providers and medications, as well as a copy of decisions that you have received from the Social Security Administration.

They will gather your medical records and conduct a review. They may send you for a medical evaluation. Once all evidence is received, the SSA will make a decision. This usually takes 4–6 months after the application is filed.  

In most cases, you have the right to file an appeal, and the lawyers at MGDP will guide you through the process.

A Social Security hearing is a legal proceeding, and an attorney in this field can greatly benefit your case with their knowledge and experience, maximizing your chances of receiving financial benefits from Social Security.

Social Security disability attorneys handle fees on a contingent basis. The Social Security Administration will pay attorney fees of 25% of any past-due benefits. This means that we do not get paid unless you are awarded past-due benefits.