Social Security

Cases We Handle

• Disability Insurance Benefits 
• Supplemental Security Income Benefits 
• Disabled Widow or Widower
• Disabled Adult Child Benefits

Disability Benefits

When an injury or illness keeps your client away from work for an extended period, it can be difficult to get by. Social Security Disability Insurance (SSDI) is designed to provide financial support to people in this circumstance. However, the majority of SSDI applicants are initially denied. Many people then give up, not realizing that there may still be a way to receive the benefits they need and deserve.

Social Security Disability is a financial life-saver for people who cannot work due to an illness or an injury. Unfortunately, with nearly 80% of all initial SSDI applicants receiving a denial last year alone, it is increasingly difficult to get a claim approved. However, a knowledgeable representative can help. A 2017 study from the Social Security Administration shows that hiring a representative nearly doubles a claimant’s odds of winning: 34% success rate for unrepresented claimants vs. 60% for those with representatives.

The Federal Government caps Social Security fees at $7,200 per case. Many law firms find it difficult to form profitable groups that specialize in this area because of this, but Morgan & Morgan’s SSD team is uniquely positioned to service these cases. Our size has allowed us to scale without compromising the personalized care and exceptional results that made us who we are, ensuring that our clients receive the compensation they deserve. Our group consists of specialized attorneys only, not non-lawyer representatives, giving each claim the best possible chance of success. We also accept claims at any stage - from application to Federal Court appeal. And it works. Our success rate is well above national average. In 2021 alone we helped over 4,000 clients recover more than $50 million in past-due Social Security Disability benefits.

Defining “disability”

Under Social Security rules, your client may be considered disabled if:
They are unable to do the job they did before their injury or illness.
The SSA determines your client can’t adjust to other work due to their medical condition.
Your client’s disability has lasted or is expected to last a year or longer.
A Social Security Disability lawyer can work with your client to determine whether or not they meet these criteria.

Social Security Disability Insurance

Social Security Disability Insurance is a federal program that pays benefits to people who are too hurt or sick to work. To qualify, your client must be able to only earn less than a certain amount of money per month, have paid Federal Insurance Contributions Act (FICA) taxes to the Social Security Administration (SSA) for a certain length of time, and have limitations from a medical condition that meets the program’s standard for disability.

Requirements to Claim Social Security Disability

Social Security Disability can be claimed by individuals who fit the following requirements;

• Age: While all adults under 65 are eligible for benefits if their impairment is severe enough, it becomes easier to win benefits at age 50 and then again at age 55.
• Disability: The individual must be unable to perform any work because of an illness or injury. For example, a trucker or construction worker that is required to lift heavy loads, but can’t due to their condition, but also cannot perform a lighter job because of pain with sitting.
• Current Work Status: In order to be disabled, a claimant must be unable to work for at least 12 months or expect to be out for 12 months.
• Work History: To be insured, a claimant must have worked 5 out of the past 10 years and paid taxes to SSA. If not, they may qualify for benefits if they have a very low income and assets valued below $2,000 for an individual and $3,000 for a family.
• Medical Treatment: We use medical records to prove the existence and severity of a claimant’s conditions. An individual who is not getting treatment will have a difficult time proving their case, as there won’t be an abundance of relevant evidence to work with.

Five-step Process for Determining Medical Eligibility for SSDI Benefits

The SSA has a five-step process for determining an applicant’s eligibility for SSDI benefits:

Is the applicant working?
The SSA generally won’t consider your client disabled if they are working and earning more than a certain amount per month ($1,260 as of 2020).

Is the applicant’s medical condition severe? 
Your client’s medical condition must significantly limit their ability to carry out basic work functions such as sitting, standing, walking, lifting, and remembering things.

Is the applicant’s condition on the SSA’s list of disabling conditions? 
The SSA maintains a list of medical conditions that it considers severe enough to prevent a person from maintaining gainful employment. The applicant’s condition must either be on the list or deemed as severe as an ailment that is.

Is the applicant able to do the job he or she did previously? 
The SSA will evaluate if your client’s medical condition precludes them from performing any of their past work. If it doesn’t, they will determine your client doesn't have a qualifying disability.

Is the applicant able to do any other work? 
By considering factors such as your client’s medical status, age, education, work experience, and skills, the SSA will determine if they can work in a different capacity. If your client is found physically incapable of performing other work, the SSA will rule your client disabled.

Hidden SSD Cases

Social Security Disability cases can be found in existing Personal Injury, Premises Liability, Workers Compensation, Product Liability, Short-Term Disability and Long-Term Disability cases where the injured party is unable to work for a minimum of 12 months.

Reasons Applicants Are Denied

There are many reasons why applicants are initially denied benefits, including but not limited to:

• The applicant makes too much money. Many applicants surpass the limit for “substantial gainful activity,” or the level of work a person with a disability can do, at the time they apply. This means they are earning too much to be considered disabled.
• The disability isn’t severe enough. The SSA may decide that an applicant’s condition isn’t severe enough to prevent them from working.
• The disability stems from drug or alcohol dependence. If a drug or alcohol addiction was a contributing factor to an applicant’s disability, they likely won’t be eligible for benefits.
• The applicant refused to follow prescribed therapy. If a person is being treated by a doctor but fails to follow the prescribed therapy, they may be denied benefits.
• The applicant committed fraud. Any applicant who obtains SSDI benefits by dishonest means may have their benefits terminated.

Appeals Process

Your client has the right to appeal any decision by filing a written request within 60 days of receiving the decision letter. Generally, there are four levels of appeal:

Reconsideration: Your client’s attorney will file a request for reconsideration. During this phase of the appeal, a claims examiner who was not part of the initial review will review all evidence submitted when the original decision was made, in addition to any new evidence.

Hearing: If the SSA denies reconsideration, your client’s attorney may request a hearing in front of an administrative law judge who had no part in the original decision. Your client’s attorney will present evidence to the judge in support of your client’s claim, and potentially ask an expert witness to explain why your client qualifies for disability benefits.

Review by the Appeals Council: If the judge denies your client’s claim, your client may request a review by the Social Security Appeals Council. Although the Appeals Council considers all requests for review, it may deny a request if it believes the hearing decision was correct.

Federal Court Review: If your client’s claim is still denied, your client’s attorney can file a lawsuit in federal court seeking to overturn the SSA’s decision.

How a Disability Attorney Can Help

The SSDI application process can be exhausting, confusing, and frustrating. A Morgan & Morgan attorney can help make sense of the process, as well as review your client’s application and accompanying documentation for errors that might result in rejection.

If your client has been rejected, our attorneys can help you file an appeal. We can identify which documents are missing that might bolster your client’s case, gather and present critical supporting evidence, and prepare your client to answer the administrative law judge’s questions.