The first thing you need to know about Social Security disability is that the path to winning benefits can be long and tricky to navigate. If you have a disabling injury or illness which prevents you from maintaining gainful employment, you should apply for disability benefits immediately. Do not wait for the “perfect claim,” and do not wait until other sources of income—like workers compensation—run out. At Cuddigan Law, two of the most common remarks we hear from disability applicants are: “I should have come to see you sooner,” and “I should not have waited so long to file my disability claim.”
Many people put off filing for disability benefits because they hope their medical situation will improve. If you get better, you can always drop your claim and return to work. If you don’t get better, there’s no way to make up for the time you’ve missed.
The first step to getting Social Security disability insurance (SSDI) or Supplemental Security Income (SSI) disability benefits is to file an application with the Social Security Administration (SSA). There are four ways you can apply for benefits:
- file for disability online through Social Security's website,
- complete the application over the phone with the Social Security Administration,
- complete the application in person at your local Social Security office, or
- engage a disability attorney to file the application for you.
Let’s examine the pros and cons of each option.
Online. Because Social Security is woefully understaffed, the agency would have a hard time handling the workload if everyone applied in person. For this reason, the Social Security Administration (SSA) prefers that you apply for SSDI or SSI online rather than in person. You can start your SSDI or SSI application online if you:
- are 18 or older
- haven't been denied disability benefits within the last 60 days, and
- aren't currently receiving Social Security benefits on your own work record.
An advantage of applying online is that you can fill out the application at your convenience. If you live far away from a Social Security office, applying online may be your best option.
The downside to filing online is that there is no face-to-face communication and no opportunity to ask questions. The application is rather lengthy, and many applicants find it complex and difficult to understand. One of the most common reasons disability applicants are denied benefits is because there are errors on their applications. If you choose to file your initial application online, it will require close attention to detail and quite a bit of time.
By Phone. You can apply for SSDI or SSI by telephone by calling Social Security at 800-772-1213 between 8 a.m. and 7 p.m. (local time) Monday through Friday. If you're deaf or hard of hearing, you can contact Social Security at Social Security's TTY number, 800-325-0778. If you choose the phone option, be prepared for long wait times. (The previously mentioned understaffing problems also mean there are fewer people answering the phones.)
In Person. When you apply in person you will have the opportunity to ask questions and make sure that you understand all the questions on the application. While you don't need an appointment to get in-person services at your local Social Security office, not having one can mean:
- standing in line
- longer wait times, and
- delays in completing the application process.
If you are applying for disability benefits, you would be wise to contact your local Social Security office in advance to schedule an in-person interview to apply for disability benefits.
Engage a lawyer. The easiest way to complete your application is to work with a lawyer who exclusively practices disability law. He or she knows all the ins and outs of Social Security's rules and regulations and can present your claim to Social Security in the way that's most likely to result in you being approved. A disability lawyer can help navigate the process by
- walking you through every step,
- gathering and preparing the documents Social Security requires, and
- answering any questions you have about your claim.
Like any other professional, attorneys get paid for their work, but at Cuddigan Law we work on a contingency basis. We only get paid when we win your case and fees are limited by law.
In both SSDI and SSI cases, by law, payments to attorneys can be no more than 25% of back payments due and there is a cap which limits the amount of the fee. As of November 30, 2024, the fee cap amount is $9,200. (Like other disability payments, the cap fee amount is revised annually with a Cost-of-Living Adjustment. You can call or email our office for the current cap fee amount.)
You pay the lesser of 25% of back payments or the fee cap amount. We do not receive any percentage of future disability benefits.
It does not cost you any more to have a lawyer represent you than a non-lawyer representative. It does not cost you any more to have an experienced lawyer represent you than an inexperienced one.
Applying for Social Security Disability can be a time consuming and stressful process; you should consider employing Cuddigan Law to help you with your claim, or at least take advantage of our free consultation. Call or email us today for a free evaluation of your case.