How much will this cost?

The fee for Attorney Leahy’s services is based on a contingent fee agreement, which is how most Social Security disability attorneys charge fees for representing claimants applying for Social Security disability benefits. 

A contingent fee agreement means that the client is not responsible for any direct payment of fees.  Attorney fees are paid only if an award is obtained that results in retroactive benefits to the client.  The standard fee agreement is 25% of any retroactive benefits due from the agency up to a total of $9,200. This fee is paid directly by the Social Security Administration and must also be approved by the agency and/or the administrative law judge.   

The contingency fee agreement of 25% of any retroactive benefits due up to $9,200 will cover all services performed at the Initial, Reconsideration, Hearing and Appeals Council level of the claim.  For claims that must be appealed to the federal district court after an administrative hearing and review by the administrative review board, a different fee agreement may be necessary and will be negotiated with Attorney Leahy prior to any work performed for the federal court appeal.  

Do I have to be out of work for at least a year to be approved for benefits?

Social Security Disability/SSI benefits are paid for chronic conditions that are expected to be disabling for at least a year. Social Security generally applies this rule by denying applicants who have not been out of work for at least a year, even if your medical providers believe your condition will last at least a year. The most important thing to remember is do not give up. Many applications are denied at the early stages, receive two denial letters, and need to appear before a Social Security Administrative Law Judge.

This rule means that applicants who have had serious, complicated hospital admissions are often denied at the earlier stages because Social Security wants to see if the applicant will improve within a year. This also means that applicants who will be out of work for just a year can also receive benefits for that year. For example, if the applicant is unable to work due to major spinal surgery, hip replacement surgery, or cancer treatment.

Can I collect Social Security early retirement and apply for Social Security Disability benefits?

Yes. Applicants who are at least 62 years old can collect Social Security early retirement benefits while their claim for Social Security Disability benefits is pending. If you are approved for Social Security Disability benefits, you willl no longer be subject to the financial penalty for collecting early retirement benefits.

How much will I receive each month if I am approved?

The Social Security Administration has two disability benefit programs. The first program is called Social Security Disability Insurance (SSDI) and requires that, in general, an applicant has paid FICA or self-employment taxes 5 of the last 10 years before their medical disability begins. The rules are different for younger individuals. Every applicant should create an account on the Social Security Administration website and review their Social Security Statement to see if they are eligible for SSDI benefits at that time and the estimated monthly benefit amount. You can create an account here: https://www.ssa.gov/myaccount/. If the Social Security Statement indicates that you are not currently eligible for disability benefits, consult with an attorney to see if it is possible to allege eligibility in the past. If an applicant is not eligible for SSDI either currently or in the past on their own earnings record, it’s important to explore whether the applicant is eligible under the earnings record of another worker — possibly as an adult dependent child, surviving spouse, child or divorced spouse. If the applicant is not eligible to apply for SSDI benefits, an applicant can apply for Supplemental Security Income (SSI) benefits if they meet the program’s income and asset requirements. In 2024, the highest federal SSI monthly benefit amount is $943 but this will be reduced if an individual does not have an independent living arrangement. Massachusetts pays an additional supplemental amount of up to $114.39 per month depending on the living arrangement.

I have a serious medical disability but Social Security tells me I am not eligible.

Sadly, having a serious medical disability is not enough to immediately allow an applicant to collect disability benefits. There are additional steps to proving your case. As mentioned above in the answer to the previous question, one of the other requirements is that an applicant must meet both the medical rules and the non-medical program rules. The applicant must meet the coverage rules for the SSDI program under their own or another worker’s earnings record and/or the individual must meet the SSI income and asset rules.

I received a denial. What do I do?

If you receive a denial letter at the Initial or Reconsideration level, the most important thing is do not give up. Make sure to appeal the denial as soon as possible but within the 60 day appeal period. Denial letters are generally form letters. I tell my clients that I mostly view denials at the Initial and Reconsideration levels as an indication that a hearing is necessary. A hearing is where the applicant answers questions about their disabling condition(s) under the pains and penalties of perjury. Awards at the Initial and Reconsideration levels are made when the documents themselves demonstrate eligibility without any questions that require an applicant to testify at the hearing. Most people tell me that they know someone or people who were approved without having to go to a hearing. I know this to be true and I know that the process is not fair, but the most important thing again is do not give up and continue the process.