Every state
Social Security disability attorneys near you
A disability claim that was denied, or an application you cannot face alone.
Deadline, in general
Generally 60 days from the date on the denial notice to appeal.
Most first applications for Social Security disability are denied. That is not a verdict on the claim; the appeal stages are where a large share of awards are actually made, and the single most damaging mistake is treating a denial as final and starting again from scratch instead of appealing.
The appeal deadline is sixty days from the denial notice. Representation in these cases is fee-capped by federal regulation and paid out of back pay only if you win, so there is generally nothing payable up front.
Tell us what happened
A few questions about your situation. It is free, and there is no obligation of any kind.
This may be your situation if
- —Your application was denied and you have a notice with a date on it.
- —You cannot work at the level you used to and it has lasted, or will last, a year or more.
- —You are being asked for medical evidence you do not know how to obtain.
- —A hearing has been scheduled before an administrative law judge.
- —Your condition has worsened since you applied.
What an attorney generally does here
- —File the appeal inside the sixty-day window.
- —Obtain the medical evidence in the form the agency actually accepts.
- —Get treating-doctor opinions that address the functional questions asked.
- —Prepare you for the hearing and appear at it.
- —Check the onset date, which decides how much back pay is at stake.
The deadline
Generally 60 days from the date on the denial notice to appeal. Set by 20 C.F.R. sections 404.909 and 416.1409.
The agency adds a short mailing allowance, but do not rely on it. Missing the window usually means starting over and losing months of potential back pay.
Worth gathering first
- —The denial notice, with its date.
- —A list of every doctor, clinic and hospital that has treated you, with dates.
- —Your medications and who prescribes them.
- —Your work history for the last several years.
- —Anything already sent to Social Security.
If you work in care
Care work ends careers through the back and the shoulders. A provider who can no longer lift or transfer has often lost the only work they have done, and that is exactly the question a disability claim turns on: not whether you can do something, but whether you can still do work that exists.
Common questions
What does a disability attorney cost?
Fees in Social Security disability cases are capped by federal regulation and are generally paid only out of back pay if the claim succeeds. There is normally nothing payable up front.
My claim was denied. Should I just apply again?
Reapplying usually restarts the process and can cost back pay. Appealing keeps the original application date alive, which is often worth a great deal.
How long do I have to appeal?
Generally sixty days from the date on the denial notice. It is one of the strictest deadlines in the system.
What is the difference between SSDI and SSI?
SSDI is based on the work credits you earned by paying in. SSI is needs-based and does not require that work history. Some people qualify for both.
Related
Related reading
From our archive, on the situations that lead here.
Helping a Parent With Money Without Creating a New Problem: Joint Accounts, Authorised Signers, Trusted Contacts and View-Only Access in California
When a parent starts missing bills, the quickest fix is usually to add a child to the bank account. In California that can change who inherits the money, expose it to the child's creditors and affect SSI or Medi-Cal. Here are the less obvious tools, from view-only access and a trusted contact person to an agent under a power of attorney and a representative payee, what each one actually does, and the order most families should try them in.
After a Parent Dies in California: Social Security, Medi-Cal, Debts and Passing On a Small Estate Without Probate
In the weeks after a parent dies, the family caregiver is often the person left holding the paperwork. Here is the order to do things in: death certificates, telling Social Security and what happens to the last payment, Medi-Cal and IHSS, what to say to debt collectors, and how California's small estate procedures, including the Probate Code section 13100 affidavit, beneficiary designations and the DMV transfer form, let many families avoid full probate.
The CalFresh Deduction That Doubles Benefits for Older and Disabled Households, and Almost Nobody Claims
A CalFresh household with a member aged 60 or over, or with a disability, can deduct out-of-pocket medical costs above a monthly threshold, deduct rent without the cap that applies to everyone else, and skip the recertification interview entirely. The Medicare Part B premium alone often qualifies. Most eligible households never report a single medical expense, and are receiving a fraction of what they should be.
CAPI: California's Cash Benefit for Immigrants Who Are Refused SSI Because of Their Status
The Cash Assistance Program for Immigrants pays a monthly benefit to aged, blind and disabled California residents who meet every SSI test except the immigration one. It is state funded, administered by the counties, and it exists specifically because federal welfare law in 1996 removed eligibility from lawfully present immigrants. Applications are low, the sponsor rules confuse people out of applying, and households that qualify frequently never hear the programme named.
This page is general information about how this kind of matter works in the United States, and the rules that matter most here are set state by state — the deadline where you live may be shorter than the general figure given above. It is not legal advice, it is not a substitute for advice about your own situation, and reading it or sending the form does not create an attorney-client relationship. Unified Savers is not a law firm and not a lawyer referral service. Deadlines stated are general rules and exceptions frequently make them shorter. See the disclaimer and privacy policy.