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Social Security Disability Insurance (SSDI)
Social Security Disability Insurance (SSDI) Attorney | Allan W. Ben P.C.
Denied SSDI benefits? Allan W. Ben P.C. has 40+ years of experience helping disabled workers win Social Security Disability Insurance claims nationwide. Free consultation.
What Is Social Security Disability Insurance (SSDI)?
Social Security Disability Insurance (SSDI) is a federal benefit program administered by the Social Security Administration (SSA) that provides monthly income to workers who can no longer work due to a qualifying disability. Unlike other assistance programs, SSDI is not based on financial need — it is an earned benefit funded through the Social Security taxes (FICA) you paid throughout your working life.
If a medical condition prevents you from working and you have sufficient work history, you may be entitled to monthly SSDI cash benefits and Medicare health coverage.
Who Qualifies for SSDI Benefits?
To qualify for Social Security Disability Insurance, you must meet two sets of criteria:
1. Medical Eligibility
The SSA must determine that you have a medically determinable physical or mental impairment that:
- Has lasted or is expected to last at least 12 months, or is expected to result in death
- Prevents you from performing substantial gainful activity (SGA)
The SSA evaluates disability using its Blue Book Listing of Impairments, which includes conditions such as:
- Musculoskeletal disorders (degenerative disc disease, arthritis, back injuries)
- Cardiovascular conditions (heart failure, coronary artery disease)
- Neurological disorders (multiple sclerosis, epilepsy, Parkinson's disease, TBI)
- Mental health conditions (depression, anxiety, PTSD, bipolar disorder, schizophrenia)
- Cancer, diabetes, chronic kidney disease, autoimmune disorders, and more
If your condition does not meet a listed impairment, you may still qualify through a Medical-Vocational (Grid) ruling based on your Residual Functional Capacity (RFC), age, education, and work history.
2. Work Credit Eligibility
SSDI requires a sufficient work history. The SSA uses a work credit system — you earn up to 4 credits per year based on your taxable earnings. Most applicants need 40 credits (10 years of work), with 20 of those earned in the last 10 years. Younger workers may qualify with fewer credits.
How Much Does SSDI Pay?
Your monthly SSDI benefit amount is calculated based on your lifetime average earnings covered by Social Security. In 2024, the average SSDI payment is approximately $1,537 per month, though amounts vary significantly by individual work history.
You may also be entitled to SSDI back pay — retroactive benefits covering the period between your disability onset date and your approval date — which can amount to thousands of dollars.
When Does Medicare Start with SSDI?
Once approved for SSDI, you will receive Medicare coverage after a 24-month waiting period. This includes Medicare Part A (hospital) and Part B (medical), and you may also enroll in Part D (prescription drug coverage).
The SSDI Application Process
Applying for SSDI benefits involves multiple steps, and the SSA denies the majority of initial applications. The process typically includes:
- Initial application — filed online, by phone, or in person at your local SSA office
- Reconsideration — a mandatory first appeal if your claim is denied
- ALJ Hearing — a hearing before an Administrative Law Judge if reconsideration is denied
- Appeals Council Review — a further appeal of an unfavorable ALJ decision
- Federal District Court — judicial review of a final SSA denial
The entire process can take months to years. Having an experienced SSDI attorney on your side from the beginning significantly improves your chances of approval at every stage.
Why Hire an SSDI Attorney?
Studies consistently show that claimants represented by a Social Security disability lawyer are approved at significantly higher rates than those who apply on their own. An experienced SSDI attorney will:
- Ensure your application is complete and properly documented
- Gather and organize the medical evidence the SSA needs to approve your claim
- Identify the strongest legal theory for your disability
- Prepare you for your ALJ disability hearing
- Cross-examine vocational and medical experts on your behalf
- File timely appeals if your claim is denied
No Fee Unless We Win
Attorney fees in SSDI cases are regulated by federal law. Our firm works on a contingency fee basis — we only collect a fee if we win your case, and the fee is capped at 25% of your back pay, not to exceed $9,200. There is no upfront cost to hire us.
Free SSDI Consultation — Call Today
If you are unable to work due to a disability, do not wait to get legal help. Contact Allan W. Ben P.C. at 248-842-7840 or fill out our contact form for a free, confidential consultation. We represent SSDI claimants nationwide.
Page 2: Supplemental Security Income (SSI)
Supplemental Security Income (SSI) Attorney | Allan W. Ben P.C.
Meta title: SSI Disability Lawyer — Supplemental Security Income Attorney | Allan W. Ben P.C.
Meta description: Applying for SSI benefits? Allan W. Ben P.C. helps disabled individuals and children qualify for Supplemental Security Income nationwide. Free consultation.
What Is Supplemental Security Income (SSI)?
Supplemental Security Income (SSI) is a federal needs-based disability program administered by the Social Security Administration (SSA). Unlike SSDI, SSI does not require a work history — it is available to disabled adults, disabled children, and adults 65 and older who have limited income and resources.
SSI provides a monthly cash benefit to help cover basic needs such as food, clothing, and shelter. In most states, SSI eligibility also automatically qualifies recipients for Medicaid health coverage.
Who Qualifies for SSI?
To be approved for Supplemental Security Income, you must meet both medical and financial eligibility requirements.
Medical Eligibility
You must have a physical or mental impairment that:
- Is medically documented
- Has lasted or is expected to last 12 months or longer, or is expected to result in death
- Prevents you (or your child) from engaging in substantial gainful activity (SGA)
The SSA evaluates your condition against the same Blue Book Listing of Impairments used for SSDI. Common qualifying conditions include:
- Intellectual disabilities and developmental disorders
- Mental health conditions (schizophrenia, bipolar disorder, severe depression, anxiety)
- Musculoskeletal impairments (severe back conditions, joint disease)
- Neurological disorders (cerebral palsy, epilepsy, traumatic brain injury)
- Visual impairments and blindness
- Chronic illness (HIV/AIDS, cancer, heart disease, kidney failure)
Financial Eligibility — Income & Asset Limits
SSI is a means-tested program, meaning your income and assets must fall below SSA thresholds:
- Income limit: The federal benefit rate (FBR) for 2024 is $943/month for individuals and $1,415/month for couples. Certain types of income are excluded from the calculation.
- Asset (resource) limit: $2,000 for individuals and $3,000 for couples. Excluded resources include your primary home, one vehicle, and certain personal items.
SSI for Children
Children under 18 may qualify for SSI if they have a medically determinable physical or mental impairment that causes marked and severe functional limitations. Financial eligibility for children is based on the income and resources of the parents or household (a process called "deeming").
Qualifying childhood conditions often include:
- Autism spectrum disorder
- Down syndrome and other chromosomal conditions
- Attention deficit hyperactivity disorder (ADHD) with severe functional limitations
- Childhood cancers
- Congenital heart defects
How Much Does SSI Pay?
The federal SSI payment is set annually. In 2026, the maximum federal benefit is $994/month for an individual. Many states supplement this amount with an additional state SSI supplement, increasing the total monthly payment.
Unlike SSDI, SSI generally does not include retroactive back pay beyond the month after your application date.
SSI and Medicaid
In most states, SSI approval automatically triggers Medicaid eligibility, giving you access to comprehensive health coverage including doctor visits, hospital care, prescriptions, and long-term care services — at little or no cost.
Can You Receive Both SSI and SSDI?
Yes. If you qualify for SSDI but your benefit amount is low, you may be eligible for concurrent benefits — receiving both SSDI and SSI simultaneously. An experienced Social Security disability attorney can evaluate whether you qualify for both programs.
Why You Need an SSI Attorney
SSI claims are denied at high rates. The SSA's financial and medical criteria are applied strictly, and errors in documentation or missed deadlines can cost you months of benefits. A skilled SSI disability attorney can:
- Determine whether you meet both medical and financial eligibility criteria
- Help gather the right medical records and functional assessments
- Represent you at SSI appeals and ALJ hearings
- Advise on how work activity, income changes, or assets may affect your eligibility
- Identify whether you also qualify for SSDI concurrent benefits
No Fee Unless We Win
Our firm handles SSI cases on a contingency fee basis — you pay nothing unless we win. Attorney fees are federally regulated and capped. There is no financial risk in hiring us.
Free SSI Case Evaluation — Call Today
Contact Allan W. Ben P.C. at 248-842-7840 or submit our contact form to speak with an experienced SSI disability attorney. We represent SSI claimants for adults and children nationwide. We respond within 24 hours.
Page 3: Denied Claims & Appeals
Social Security Disability Denied? Appeal Your Claim | Allan W. Ben P.C.
Was your Social Security disability claim denied? Don't give up. Allan W. Ben P.C. has 40+ years of experience winning disability appeals nationwide. Free consultation.
If Your Social Security Disability Claim Was Denied, You Are Not Alone
The Social Security Administration denies approximately 67% of initial SSDI and SSI applications. A denial does not mean you are not disabled — it often means your application lacked sufficient medical documentation, contained technical errors, or did not clearly demonstrate how your condition limits your ability to work.
A denial is not the end. It is the beginning of the appeals process.
At Allan W. Ben P.C., our Social Security disability attorneys have over 40 years of experience successfully appealing denied SSDI and SSI claims at every level — from reconsideration through federal court.
Why Are Social Security Disability Claims Denied?
Understanding why the SSA denied your claim is the first step toward a successful appeal. Common reasons for denial include:
- Insufficient medical evidence — The SSA could not verify the severity of your condition
- Failure to follow prescribed treatment — Missing appointments or not following doctor's orders
- Earning above the SGA threshold — Working and earning more than the allowed monthly limit
- Short duration — The SSA does not expect your condition to last 12 months or more
- Prior denials and missed deadlines — Failing to appeal within required timeframes
- Technical disqualification — Not enough work credits for SSDI, or income/assets too high for SSI
- Incomplete application — Missing information or forms
An experienced disability denial attorney will review your denial notice, identify the specific reasons for the denial, and build a targeted appeal strategy.
The Social Security Disability Appeals Process
If your claim is denied, you have the right to appeal. The SSA has a four-level appeals process:
Level 1: Reconsideration
You must request reconsideration within 60 days of receiving your denial notice. A different SSA examiner will review your entire file, including any new medical evidence you submit. The reconsideration denial rate is high — most cases are denied again at this stage — but it is a required step before requesting a hearing.
Level 2: Administrative Law Judge (ALJ) Hearing
If reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ). This is statistically the stage at which most claimants are approved. You will appear before the judge (in person or by video), present your case, provide testimony, and your attorney can cross-examine any vocational or medical experts called by the SSA.
Level 3: Appeals Council Review
If the ALJ issues an unfavorable decision, you can request review by the Social Security Appeals Council. The Appeals Council can affirm the decision, reverse it, or remand the case back to an ALJ for a new hearing. This stage is complex and benefits greatly from experienced legal representation.
Level 4: Federal District Court
If the Appeals Council denies review or issues an unfavorable decision, you can file a lawsuit in U.S. Federal District Court. Allan W. Ben P.C. is admitted to practice in the Eastern and Western Districts of the U.S. District Court and can pursue federal judicial review on your behalf.
Critical Deadlines — Do Not Miss Them
Each level of appeal has a strict 60-day deadline (plus 5 days for mailing). Missing a deadline can result in losing your right to appeal and having to start the entire process over from scratch — potentially losing months or years of back pay. Contact an attorney immediately after receiving a denial notice.
New Medical Evidence Can Change Everything
One of the most powerful tools in a disability appeal is new and material medical evidence. Our attorneys work with you to obtain:
- Updated treatment records and physician notes
- Residual Functional Capacity (RFC) assessments from your treating doctors
- Specialist evaluations and diagnostic test results
- Mental health evaluations and psychological assessments
- Third-party statements from family members or former employers
Strong medical documentation is often the difference between approval and denial.
What Are Your Chances on Appeal?
Approval rates improve significantly at the ALJ hearing level, where nationally approximately 45-55% of claimants are approved. Claimants represented by an experienced disability appeal attorney are approved at substantially higher rates than unrepresented claimants.
No Fee Unless We Win Your Appeal
We handle all SSDI and SSI appeals on a contingency fee basis. There is no cost to hire us, and we collect no fee unless we win your case. Attorney fees are capped by federal law.
Don't Let a Denial Be the Final Word — Call Now
If your Social Security disability claim has been denied, contact Allan W. Ben P.C. immediately at 248-842-7840 or use our contact form. Time is critical — you have only 60 days to appeal. We represent denied claimants nationwide and respond within 24 hours.
Page 4: ALJ Hearings
Social Security Disability ALJ Hearing Attorney | Allan W. Ben P.C.
Facing a Social Security disability hearing before an Administrative Law Judge? Allan W. Ben P.C. provides experienced ALJ hearing representation nationwide. Free consultation.
Social Security Disability Hearings Before an Administrative Law Judge (ALJ)
If your SSDI or SSI claim has been denied at the initial and reconsideration levels, your next step is requesting a hearing before a Social Security Administrative Law Judge (ALJ). This is the most important — and most successful — stage of the disability appeals process. It is also the stage where having an experienced disability hearing attorney makes the greatest difference.
At Allan W. Ben P.C., our attorneys have represented hundreds of claimants at ALJ hearings and understand exactly what judges look for, how to present medical evidence effectively, and how to counter the testimony of SSA-appointed experts.
What Is an ALJ Hearing?
An Administrative Law Judge hearing is a formal but non-adversarial proceeding in which an independent federal judge reviews your disability claim de novo — meaning they start fresh, without being bound by the SSA's prior denial decisions. The hearing is your best opportunity to present your case directly and persuasively.
Hearings are typically held at a Social Security Hearing Office near you, though many are now conducted by video teleconference. The hearing generally lasts 30 to 60 minutes.
Who Attends a Disability Hearing?
Participants typically include:
- You (the claimant)
- Your disability attorney
- The Administrative Law Judge
- A vocational expert (VE) — a specialist who testifies about your ability to perform work in the national economy
- A medical expert (ME) — occasionally called to testify about your medical condition
- A hearing reporter or recording equipment
The SSA does not send a lawyer to argue against you — the ALJ conducts the hearing and asks questions of all parties.
What Happens at a Social Security Disability Hearing?
A typical ALJ disability hearing follows this structure:
1. Opening by the Judge
The ALJ introduces the case, identifies the issues, and confirms the record is complete.
2. Claimant Testimony
The judge will ask you questions about your medical conditions, daily activities, work history, and functional limitations. Your attorney will also have the opportunity to ask you questions to highlight the most important aspects of your disability.
3. Medical Expert Testimony (if called)
If a medical expert is present, they will offer an opinion on whether your condition meets or equals a Blue Book Listing of Impairments and on your Residual Functional Capacity (RFC).
4. Vocational Expert Testimony
The vocational expert (VE) plays a critical role. The ALJ will pose hypothetical questions about whether a person with your limitations could perform your past work or any other jobs in the national economy. The VE's testimony often determines the outcome of the hearing.
5. Cross-Examination by Your Attorney
Your attorney will cross-examine the VE and ME to challenge unfavorable testimony, expose weaknesses in the hypotheticals posed, and establish that your limitations prevent competitive employment.
6. Closing
Your attorney may make a closing argument summarizing the medical and vocational evidence in support of your claim.
What Does "Fully Favorable," "Partially Favorable," and "Unfavorable" Mean?
After the hearing, the ALJ issues a written decision:
- Fully Favorable — You are approved for benefits as of your alleged onset date
- Partially Favorable — You are approved, but with a later onset date (affecting back pay)
- Unfavorable — Your claim is denied; you may appeal to the Appeals Council or federal court
How to Prepare for Your Disability Hearing
Preparation is everything. Our attorneys will work with you to:
- Review your complete file — every document in your SSA record
- Obtain updated medical records — including RFC assessments from your treating physicians
- Prepare your testimony — so you can clearly and accurately describe how your condition affects your daily life and ability to work
- Anticipate the judge's questions — based on the specific issues identified in your denial
- Develop a strategy to address the vocational expert's testimony — including identifying erosion of the job base and conflicts with the Dictionary of Occupational Titles (DOT)
Why the Vocational Expert Is So Important
The VE's testimony is often the pivotal moment in a disability hearing. If the ALJ asks whether someone with your limitations could perform any jobs in the national economy and the VE says yes — and your attorney does not effectively challenge that answer — your claim is likely to be denied.
Our attorneys are experienced at:
- Identifying flaws in vocational hypotheticals
- Challenging job numbers cited by the VE
- Arguing that your RFC limitations are incompatible with competitive employment
- Using SSR rulings and DOT definitions to undermine adverse VE testimony
What If the ALJ Denies My Claim?
An unfavorable ALJ decision is not the end. You may appeal to the Social Security Appeals Council and, if necessary, file a complaint in U.S. Federal District Court. Allan W. Ben P.C. handles appeals at all levels up to the Appeals Council, we work with other law firms for federal court litigation.
No Fee Unless We Win
Our representation at ALJ hearings — and all other stages of the disability process — is handled on a contingency fee basis. You pay nothing unless we win. Fees are federally capped and regulated.
Facing an ALJ Hearing? Get Experienced Representation Now.
An ALJ hearing is your best chance to win your disability case — don't face it alone. Contact Allan W. Ben P.C. at 248-842-7840 or complete our contact form for a free consultation. We represent disability claimants at ALJ hearings nationwide.
