Social Security Disability (SSD) & Supplemental Security Income (SSI)


Social Security Disability and Supplemental Security Income cases are the two prongs of what people commonly call “social security” cases. In both instances, it is necessary to prove under the federal law and regulations that an individual is disabled and is qualified for benefits. In general, SSD benefits are based on a workers wages and the amount is determined by their level of income within the government regulations. SSI is needs-based and requires (in addition to being disabled) a paucity or lack of assets or money. As a result, SSI is very heavily regulated as to continuing eligibility as well.

I have been handling social security cases for decades. I will steer your case through the first three steps of the process. First, the application or initial app as we call it. The second level is the reconsideration (recon). Both of these first two steps are controlled and supposedly handled by the state in which the applicant resides. Sadly, there has been a very big reduction in cases granted at the DDS level for the past few years.

If unsuccessful, then a third step: a hearing request is filed for a hearing with an Administrative Law Judge at the appropriate location (depends on your address).

Most of our local hearings originate presently out of the Charlottesville, Virginia office. We have been (here in our area) bounced to several different hearing offices in the years I have practiced. Most all the hearings today take place by video conference closed circuit TV. Make no mistake there are no exceptions, it generally is a long process.

The time between the request and the hearing can be well over a year. There are strict emergency guidelines for hardship cases but these are rarely granted. There are 60 day strict time limits to appeal your case at each stage or else it will be considered closed and final. If you have any question about your case and the dates or any other questions, please call us immediately at 844-788-8080 (toll free). Time is always critical in SS cases.

The regulations regarding qualification are also very difficult to understand and unfortunately are applied differently by different judges or DDS office workers. We will be happy to explain the process and issues to you and discuss your case. Call for a free consultation to assess your claim.
An individual generally has to be off work for a year before he or she is considered disabled by the SSA. You may be able to file before this time. Please check with the social security administration as to your initial filing. When you apply, be sure to have the list of doctors (including complete addresses), medications and your medical conditions at the very least. The more information you have the better things will generally go with the SS process.

All attorney fees are contingent or dependant on us winning benefits for you. The attorney fee in all social security cases is 25% of past due benefits and does not extend into the future. There are costs for medical records, among other costs but we try to keep them to a minimum as we generally advance costs in all cases we take. You may be able to get your records for free if you qualify under WV law (WV providers). Your medical providers can help your case by providing specific information about your limitations.

I have been handling social security cases for over two decades. I’ve seen lots of changes happen in the law and in the procedures. I am certain we can help get you the best chance to win your social security case. Feel free to call the office and schedule an appointment. I am confident my experience will benefit you. I look forward to meeting you.