Frequently Asked Questions

The initial consultation is FREE. Be aware that it may involve more than one visit with us.

 A member of our staff will ask for basic information about your claim/case. We'll discuss everything with you including your background and medical conditions. They will also inform you of the rules related to your specific claim. We also offer suggestions for making your case stronger and will make sure you're aware of important deadlines.

It's always a good idea to retain an attorney who is familiar with the local courts and judges. They will be in a better position to present arguments and evidence. We believe that attorneys who are not familiar with local judges are disadvantaged.

Both DIB and SSI are administered by the Social Security Administration. A medical disability is a prerequisite for both programs, but the eligibility criteria are different between the two. SSI is needs-based and requires disabled individuals to meet certain financial criteria. DIB depends on your work and earnings throughout your lifetime.

A disability claim should be filed if you are "unable to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than one year" 42 U.S.C. § 423(d), 1382c(a)(3)(A).

You have the burden of providing medical evidence proving disability. 20 C.F.R. § 404.1512(A)-(c), 404.1513, 404.1516.

The Social Security Administration typically uses five criteria to evaluate every claim:

1. Are you working at the substantial gainful activity level? If not, go to step 2.
2. Do you have a condition that can be considered "severe?" If yes, go to step 3.
3. Is your condition so severe that it meets the criteria for a Listed Impairment? If yes, then your claim will be approved. If not, go to step 4.
4. Can you do any work you have done in the last 15 years? If yes, then your claim is denied. If yes, go to step 5.
5. Can you do any other work that exists in significant numbers in the national economy? If yes, your claim is denied. If no, then your claim is approved.

The appeals process for Social Security claims involves four stages:

1. Reconsideration: If your claim was initially denied, you can request that it be reconsidered.
2. Hearing: If your claim is denied after a reconsideration request, you can request a hearing in front of an administrative law judge.
3. Appeals Council: If your claim is denied by the judge, you can request a review of his or her decision.
4. Federal Court: If your request for a review is denied, you might be able to file an appeal in a federal court.