Short answer: Yes, if you have a medical condition that has lasted at least 12 months or is expected to last at least 12 months and/or result in death.

Detailed answer: You should apply for Social Security disability benefits if you meet these criteria:

1. You are not working.
2. You have a severe medical condition that prevents you from working,
3. Your condition will last at least 12 months or result in death.
4. You cannot perform your previous job or any other work within the national economy.
5. You are receiving consistent medical treatment for your severe medical conditions.

If you answer “yes” to all these questions, the Social Security Administration (SSA) is likely to consider your application favorably.

Related questions: When should I apply for disability benefits? | What medical conditions qualify?

Short answer: Immediately when you realized your disability is going to  prevent you from being able to work for at least 12 months or longer (i.e. permanently).

Detailed answer: If  you have been diagnosed with severe chronic disability you should apply for benefits as soon as you stop working and you realized you are unlikely to be able to return to any kind of work. Applying for disability can be a lengthy process and the sooner you start the process the better.  Regardless of when you apply, make sure you are seeing your physicians regularly.  You will need medical evidence to support your disability.

Currently in Maryland the disability process can  take anywhere from approximately 12-36 months from start to finish.

Related questions: How far back does disability pay? | Should I apply if I’m still working part-time?

Short answer: Yes, you can either appeal your denial or file a new application.

Detailed answer: If you’ve been denied disability benefits, you have two options:

1. A denial can be appealed as long as it has not been over 60 days since the date of the denial.
2. If it has been longer than 60 days since your last denial you will have to file a new application for benefits.

Appealing a decision preserves your original application date (which affects back pay).  Filing a new application restarts the process and will affect how far back your benefits could be awarded. There a four levels of appeal after an initial denial.  The request for reconsideration, request for a hearing before an administrative law judge, request for appeals council review and filing an action in federal court.

Critical deadline: You must file your appeal within 60 days of the date of your denial letter, or you’ll have to start over with a new claim.

Related questions: What if I don’t file my appeal on time? | What are my chances of winning on appeal?

Short answer: You’ll have to start over with a new claim and may lose back benefits.

Detailed answer: If you miss the 60-day deadline to appeal your Social Security disability denial, you will likely have to file a new application.

In rare cases Social Security may allow you to file an appeal late if you can show good cause for your late filing. Examples of good cause would be if you were hospitalized at the time of the denial, Social Security sent the denial to an incorrect address after you updated them with your current address, etc. Regardless of the situation there is no guarantee that Social Security grant good cause and accept late appeal. It is always best to file your appeal timely. Contact Disability Support Services immediately if you receive a denial letter. We can help you file your appeal quickly and make sure deadlines are met.

Related questions: How long does the appeal process take? | Can I reopen a closed claim?

Short answer: Not required, but highly recommended—especially after a denial or at the hearing level.

Detailed answer: Having an attorney can help reduce stress by helping you complete Social Security’s numerous forms  and making sure all appeal deadlines are met.

Critical: If you have been denied contacting an attorney sooner vs later is always best. Waiting until a hearing is scheduled may not allow an attorney enough time to properly prepare your case, resulting in postponements and a longer wait for you to obtain benefits.

Related questions: How much does a disability attorney cost? | When should I hire a disability attorney?

Short answer: At the beginning of the disability process to help you better navigate the Social Security system.

Detailed answer: We recommend hiring an attorney at the beginning of the disability process. An attorney can help you complete Social Security’s paperwork, meet critical deadlines and build a stronger case. You should consider hiring representation from the beginning of the process. Many successful claimant’s have representation from day one of the process.

Related questions: What does a disability lawyer do? | Can I switch attorneys if I’m unhappy?

Short answer: Analyzes and reviews the medical records in your case, gathers medical documentations, stays in contact with Social Security, keeps you updated on the progress of your case, and represents you at the hearing.

Detailed answer: A Social Security disability attorney handles every aspect of proving you deserve benefits. This includes:

Before the hearing:

• Analyzing what medical evidence is needed to win your specific case
• Obtaining detailed reports from your treating doctors that address SSA regulations
• Gathering additional medical records from specialists
• Keeps Social Security updated on any changes to your medical conditions
• Keeps you up to date on the progress on your case with Social Security
• Makes sure all deadlines are met
• Helps you to complete the numerous forms Social Security requires you to complete
• Building a timeline of your work history and limitations
• Preparing you for testimony

At the hearing:

• Makes sure the medical records are up to date
• Presenting your case to the Administrative Law Judge
• Questioning you about your limitations and daily activities
• Cross-examining vocational experts who testify about available jobs
• Cross-examining medical experts if they appear
• Objecting to improper evidence or procedures
• Presenting a closing statement or written brief

After the hearing:

• Ensuring the SSA correctly calculates your benefit amount
• Requesting Appeals Council review if needed
• Representing you in federal court if necessary

Related questions: How much does a disability attorney cost? | What happens at a disability hearing?

Short answer: There is no upfront fee. You only pay a fee if you are successful with your case.

Detailed answer: Social Security disability attorneys work on a contingency fee basis. You pay nothing unless you win your case/ You pay a percentage of your past due benefits not to exceed 25% or the statutory maximum the Social Security Administration has set at that time, in accordance with 42 U.S.C.§ 406(a)(2)(A). Any fee has to be approved by the Social Security Administration and is usually automatically deducted from your back pay. There are no upfront costs, hourly fees, or charges if you lose. Disability Support Services follows this standard fee structure. Call us at 410-244-0006 for a free case evaluation.

Related questions: What are back benefits? | When do I get paid after winning?

Short answer: 3-24 months depending on the level, with hearings taking the longest.

Detailed answer: The timeline for Social Security disability benefits varies by stage:

• Initial application: approximately 9-12 months
• Reconsideration: approximately 9-12 months
• Hearing before and Administrative Law Judge: 6-12 months in Maryland (Nationally, the time can be shorter or longer)
• Appeals Council review: 6-15 months
• Federal Court: 12-24 months

Applicants that are denied at the initial and reconsideration levels and must wait for a hearing. From start to finish, winning at the hearing level typically takes 2-3 years total. However, once approved, you’ll receive back pay for the entire time you were waiting (minus the 5-month waiting period).

Related questions: How long will I wait for a disability hearing? | Can I speed up the process?

Short answer: It varies. Currently, on average, it takes 12-18 months nationally from requesting a hearing to receiving a decision.

Detailed answer: A disability hearing before an Administrative Law Judge (ALJ) typically takes 12-18 months nationwide from the time you request the hearing until you receive a decision. This includes the wait time for the hearing to be scheduled plus 1-3 months for the judge to issue a written decision. While this seems like a long time, the hearing is where most disability cases are won, so it’s worth the wait.

Can you speed it up? In some cases, yes. If you have a terminal illness or an impairment on the compassionate allowance list, you may qualify for expedited processing. Your attorney can request this on your behalf.

Related questions: What happens at a disability hearing? | What are my chances of winning at a hearing?

Short answer: You testify before a judge about your limitations, and experts may testify about jobs you can or cannot do.

Detailed answer: A Social Security disability hearing is a private, informal proceeding held in a small conference room (or sometimes via video or phone). Here’s what to expect:

Who’s present:

• Administrative Law Judge (ALJ)
• You (the claimant)
• Your attorney
• A hearing reporter (records the session)
• Sometimes a vocational expert (testifies about jobs)
• Sometimes a medical expert (testifies about your condition)

What happens:

• The hearing lasts 45-60 minutes
• The judge asks about your work history, education, and training
• You testify about your symptoms, limitations, and daily activities
• Your attorney asks you questions to highlight your limitations
• If a vocational expert appears, they testify about jobs you might be able to do
• Your attorney cross-examines the experts
• Your attorney may present a closing statement

Preparation is key. Disability Support Services prepares all clients thoroughly before their hearing, including practice sessions and reviewing likely questions.

Maryland hearings: Maryland hearings are held in Baltimore.

Related questions: How should I prepare for my hearing? | What should I wear to my hearing?

Short answer: About 33% at initial application, 50-60% at the hearing level with representation.

Detailed answer: Your chances of winning Social Security disability benefits depend on which stage you’re at:

• Initial application: About 33% approval rate nationally
• Reconsideration: About 10-15% approval rate
• ALJ hearing with attorney: About 50-60% approval rate
• ALJ hearing without attorney: About 30-40% approval rate

The statistics show that most people are denied initially but win at the hearing level, especially with representation. Your individual chances also depend on factors like your age, your condition, the strength of your medical evidence, and your work history.

Related questions: What conditions automatically qualify? | Why was I denied?

Short answer: The amount that you receive will depend on the type of benefits you are awarded.

Detailed answer: Social Security Disability (SSDI) benefit amount depends on your lift earnings and how much you paid into Social Security. You can get your best estimate of you monthly amount by logging into your “my social security” account and reviewing your earnings record.

Supplemental Security Income (SSI) is a needs based program with a maximum federal benefit set by the federal government, each year.  Your SSI payment can be affected by any resources or income you have.

Related questions: What’s the difference between SSDI and SSI? | How far back does disability pay?

Short answer: SSDI pays back up to 12 months before your application date (after a 5-month waiting period).

Detailed answer: Supplemental Security Income (SSI) does not pay any benefits prior to the date of application.  SSI begins the month after you apply or the month after you become eligible, whichever is later.

Related questions: When should I apply for disability? | When will I receive my first payment?

Short answer: 1-3 months after your approval for back pay.

Detailed answer: SSA first deducts any monies owed to Social Services if cash assistance was received, then attorneys fees are deducted then Social Security issues your lump sum payment.

Related questions: How much will I receive? | What can I do with my back pay?

Short answer: Failing to appeal a denial to the hearing level.

Detailed answer: The single biggest mistake disability applicants make is giving up after an initial denial instead of appealing to the hearing level. Statistics show that about 67% of initial applications are denied, but 50-60% of claimants win at the Administrative Law Judge (ALJ) hearing level with proper representation. The hearing is your best chance to win because you can testify in person, present evidence, and have your attorney advocate for you.

Other common mistakes include:

• Missing the 60-day appeal deadline
• Not seeing doctors regularly to build medical evidence
• Failing to follow prescribed treatment
• Working above the substantial gainful activity limit
• Not being honest about daily limitations
• Providing incomplete medical records
• Not preparing adequately for the hearing

Don’t give up after a denial. Contact Disability Support Services at 410-244-0006 to discuss your appeal options.

Related questions: Can I apply if I’ve been denied before? | What if I miss my appeal deadline?

Short answer: Yes, if your condition improves or you return to work above SGA limits.

Detailed answer: Yes, Social Security can terminate your disability benefits through a “continuing disability review” (CDR) if they determine your condition has medically improved and you can return to work. The SSA conducts reviews periodically, every 6 months to 7 years, depending on how likely your condition is to improve. You can also lose benefits if you return to work and earn more than the substantial gainful activity (SGA) limit. However, there are work incentive programs that allow you to test your ability to work without immediately losing benefits.

Important: If you receive a CDR notice, respond promptly and provide updated medical records. If your benefits are terminated, you have the right to appeal.

Related questions: Can I work while on disability? | What is a continuing disability review?

Short answer: Conditions that meet SSA’s “Compassionate Allowances” or “Listing of Impairments.”

Detailed answer: Social Security maintains a “Listing of Impairments” (the Blue Book) with medical conditions that automatically qualify for disability if you meet specific criteria. Some examples include:

Compassionate Allowances (expedited):

• ALS (Lou Gehrig’s disease)
• Certain cancers (pancreatic, liver, stage IV breast cancer, etc.)
• Early-onset Alzheimer’s disease
• Certain rare diseases

Blue Book listings include:

• Musculoskeletal disorders (spine disorders, major joint dysfunction)
• Cardiovascular conditions (chronic heart failure, coronary artery disease)
• Respiratory illnesses (COPD, cystic fibrosis)
• Neurological disorders (epilepsy, Parkinson’s, MS, cerebral palsy)
• Mental disorders (schizophrenia, bipolar disorder, PTSD, autism)
• Immune system disorders (HIV, lupus, rheumatoid arthritis)
• Cancer (various types depending on stage and treatment)
• Kidney disease requiring dialysis

Even if your condition isn’t listed, you can still qualify if you can prove your symptoms prevent you from working. Many people win with “unlisted” conditions like fibromyalgia, chronic pain, or combined impairments.

Related questions: Should I apply for disability? | What evidence do I need?