Social Security Disability & Appeals FAQ

Social Security has a “Blue Book” listing of conditions that may qualify, including heart disease, cancer, musculoskeletal disorders, mental health conditions, neurological disorders, and immune system illnesses. Even if your condition is not listed, you may still qualify if it prevents you from working.

Initial applications typically take 3 to 6 months for a decision. If your case goes to appeal, it can take a year or more depending on where you live and how backlogged the system is.

The amount depends on your work history and how much you paid into Social Security. In 2025, the average monthly SSDI benefit is around $1,500, but payments vary for each person.

Yes, but there are strict income limits. Social Security allows “trial work periods,” but if you earn more than Substantial Gainful Activity (SGA) limits—$1,550 per month in 2025 for most people—you may lose benefits. It is important to note that if you work part time and  make less than the SGA amount, your part time employment can be used as evidence of your ability to work and work against your disability claim.  An attorney experienced in Social Security Disability litigation can give you valuable advice in this area in particular.  

SSDI (Social Security Disability Insurance) is based on your work history and payroll contributions. SSI (Supplemental Security Income) is need-based and available to people with limited income and assets, regardless of work history.

They look at medical evidence, your ability to work, age, education, and whether your condition is expected to last at least 12 months or result in death.

An attorney can not make a formal appearance in the case until you have been denied the first time.  So our usual advice is to apply and come and see us as soon as you receive your first denial.  Remember, you only have 60 days to appeal the denial or you have to start over.  

You can apply without all your supporting documents.  However, it is important that you understand your wage history if you are filing SSDI and your assets and marital income if you are filing SSI.  A lot of the documentation can be acquired after filing.  The most important documentation, however, is medical records that support your disability evaluation.  

Most people need about 10 years of work (40 work credits), with 20 of those credits earned in the last 10 years before becoming disabled. Younger workers may qualify with fewer credits.

You can apply online at SSA.gov, by phone, or in person at your local Social Security office.

Social Security may send you to a consultative exam with one of their doctors if more medical evidence is needed. It’s usually brief and focuses on your ability to work.

Yes, SSDI applications can be completed online. SSI applications usually require a phone call or in-person meeting.

The first decision generally takes 3–6 months. Denials are common, so many cases continue into the appeal process.

Initial denials often happen because of lack of medical evidence, incomplete paperwork, or because Social Security believes the applicant can still perform some type of work.

First of all, you only have 60 days to appeal.  We advise that you appeal immediately.  This is also the appropriate time to immediately contact a Social Security Disability Attorney to begin helping you in the process.  The attorney giving advise early on can save you from a lot of mistakes.

You have 60 days from the date you receive the denial letter.

Chances improve significantly with an appeal. While only about 30% are approved at the initial stage, more than half of applicants win at a hearing before a judge. 

Your chances should increase significantly if you hire an experienced  Social Security Disability Attorney. Contact Allen David Smith at 910-484-8196 for a free consultation.

You can file online at SSA.gov, by phone, or by submitting paperwork to your local Social Security office.

It’s not required, but highly recommended. Lawyers know how to prepare evidence, question witnesses, and present your case effectively to an administrative law judge.

You’ll appear before an administrative law judge who asks about your condition, work history, and limitations. Medical experts or vocational experts may also testify.

A reconsideration usually takes 3–5 months, while a hearing decision may take 12–18 months depending on your location.

Reconsideration is a review of your file by a new examiner. If denied again, the next step is a hearing in front of an administrative law judge.

Yes. Submitting updated medical records, test results, and doctor’s notes can greatly strengthen your appeal.

The fee is 25% of awarded back benefits, up to a cap of $9200.  There is no fee if there is no recovery of back benefits. The Social Security Administration must approve all attorneys fees. 

Payments usually begin the month after your approval notice, but back pay may cover the months you were waiting.

Yes. Back pay covers the time from when you became disabled (your onset date) until the time your benefits are approved.

It depends on your disability onset date, application date, and the five-month waiting period for SSDI. SSI back pay starts the month after you applied.

SSDI recipients qualify for Medicare after two years on benefits. SSI recipients are usually eligible for Medicaid immediately.

Yes, short-term travel is fine. However, if you move abroad for an extended period, benefits may be affected depending on the country.

In most cases, SSDI and SSI cannot be garnished for debts like credit cards. However, they can be garnished for child support, alimony, or federal debts such as student loans or taxes.

If your medical condition improves and you’re able to work again, Social Security may review your case and determine you are no longer eligible for benefits.