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If you have suffered a temporary or permanent disability and are no longer able to work, you may be eligible for Social Security Disability benefits.
Over 2 million people apply for disabled worker benefits each year. Since the Social Security Administration (SSA) receives such a large amount of applications, the SSD process is known for being long, stressful, and quite tedious. These difficulties only amplify when you choose to navigate your claim without the support of an experienced attorney.
At Gordon, Wolf & Carney, our team offers over 100 years of combined experience in Social Security disability law. We are prepared to meet with you and discuss the details of your case so that, together, we can build a claim that aims for your best result. Reach out to us today to schedule an appointment with our knowledgeable and compassionate team. We have a strong history of success, and we represent clients throughout the state of Maryland and across the country.
Seek the Benefits You Deserve with a disability social security attorney
Let Us HelpWhat Is Social Security Disability?
The SSA offers two benefit programs that provide support to those who meet the requirements for disability.
- Social Security Disability Insurance (SSDI) is an insurance-based benefit program for disabled workers who have contributed to Social Security through payroll taxes and accumulated sufficient work credits during their working years. The length of time needed to qualify for benefits varies. But, in general, you must have worked at least five out of the last 10 years.
- If you have never worked, have not worked in many years, or have not worked long enough to qualify for SSDI benefits, you may still qualify for disability benefits through the Supplemental Security Income (SSI) program. SSI provides monthly benefits for disabled individuals with low income and limited resources.
Many people meet the requirements for both programs. If you do, you could receive both SSDI and SSI benefits at the same time. This is known as ‘concurrent benefits.’
No matter what, the key to receiving the support you need is submitting an application that has minimal chances of getting denied. You can apply online, by phone, or in person. But before you do, it’s crucial to understand the requirements you need to meet and what information you need to complete the application process.
To maximize your chances of securing benefits, we strongly advise you to consult with one of our trusted social security disability lawyers. Our experienced team is here for you when you need it most.
Do You Qualify for Disability Benefits?
Once you partner with our SSD attorneys, the first thing we’ll do is determine your eligibility. You will have to satisfy Social Security’s definition of disability:
- Because of your medical condition, you cannot work or participate in any substantial gainful activity (SGA). SGA refers to significant physical and/or mental tasks.
- Because of your condition, you cannot work as you previously could or adjust to any other work.
- Your condition has lasted or is expected to last for at least one year. Or, it’s expected to result in death.
All three of these statements must be true for you to be considered eligible. To prove that you are unable to work, you must have medical documentation and a consistent history of treatment by medical professionals. These will also help demonstrate that your injury or illness is either permanent, terminal, or expected to last for over a year.
We understand that all this information can be overwhelming, especially when you’re already dealing with a critical injury or illness. Whenever you’re ready, we’re here to answer your questions and guide you forward through your Social Security disability case.
Does Your Condition Qualify as a Disability?
To determine if you have a qualifying disability, the SSA will consider a variety of factors. A major one is how severe your condition is, as that will clarify whether you can engage in SGA or adapt to another type of work.
The SSA maintains a comprehensive list of impairments that they consider severe enough to prevent a worker from doing SGA. There is a range of medical conditions that qualify for SSD benefits, including but not limited to:
- Orthopedic Injuries
- Inflammatory Arthritis
- Cancer
- Burns
- Fibromyalgia
- Chronic Fatigue
- Depression, Anxiety, PTSD, and Other Mental Health Disorders
- Eating Disorders
- Autism Spectrum Disorder
- Liver Disease
- Heart Disease
- Complications From Diabetes
- Long COVID
Even if you can’t find your specific condition on the SSA’s list, you may still qualify for benefits. While they evaluate your claim, they will decide whether or not your impairment is as severe as one that is on the list and approve your Social Security disability application accordingly. But if they reject you, know that you have the right to appeal a Social Security denial.
Don’t risk your family’s chances for financial security. With the strict requirements to fulfill, and so many intricacies involved in the process, it’s in your best interest to partner with a diligent attorney who has ample experience with SSD claims. Discover how we can help you during the application or appeals process when you call our disability law firm.
We proudly serve clients across the United States, including but not limited to:
- Maryland
- Oregan
- California
- Nevada
- New York
- New Jersey
- Massachusetts
- Pennsylvania
- Florida
What is the Application Process for Social Security Benefits?
The Social Security disability application process involves several stages and can take months, or even longer, to complete.
In general, the process includes:
- Submitting an initial application online, by phone, or at a local Social Security office
- Review by the Social Security Administration (SSA) to confirm basic eligibility
- Medical evaluation by Disability Determination Services (DDS), where your condition and work capacity are assessed
- Initial decision, which will result in either an approval or denial notice
Because the SSA requires extensive medical and work history documentation, many claims are delayed or denied at this stage due to missing or incomplete information.
How Do Social Security Disability Appeals Work?
If your claim is denied, you have the right to challenge the decision through a structured appeals process.
The appeals process generally includes:
- Reconsideration, where a new reviewer examines your claim
- Hearing before an Administrative Law Judge (ALJ), where you can present evidence and testimony
- Appeals Council review, if further review is needed after the hearing decision
- Federal court review, as a final option in certain cases
Each stage becomes more formal and evidence-focused, making timing, documentation, and strategy especially important after an initial denial.
How Our Social Security Disability Attorneys Can Help You
It’s important to understand that many Social Security disability claims are denied the first time they are submitted. A denial does not necessarily mean you are not eligible; it often reflects missing evidence, technical issues, or insufficient medical support in the initial filing.
Our team at Gordon, Wolf & Carney assists clients at every stage of the process, including:
- Preparing and filing strong initial applications designed to reduce avoidable errors
- Gathering and organizing medical records, work history, and supporting documentation
- Developing evidence that clearly shows how your condition limits your ability to work
- Representing you at reconsideration and hearing levels, including preparation for testimony
- Managing deadlines, appeals strategy, and communication with the SSA
From initial filing through appeals, our goal is to present your case as clearly and completely as possible so you have the strongest opportunity to get the financial support you need. If you need help with your claim, contact us for a free case review.
Social Security Disability Lawyer: FAQs
How Does the SSA Define a Disability?
Under Social Security rules, a disability is a medically determinable physical or mental condition that prevents you from performing substantial work activity and has lasted, or is expected to last, at least 12 continuous months or result in death. The SSA does not award benefits for short-term limitations or partial disabilities alone.
When reviewing a claim, the SSA generally looks at whether:
- You can no longer perform your past work
- You cannot adjust to other work that exists in the national economy
- Your condition meets the required duration standard
Can You Receive Both SSI and SSDI Simultaneously?
Yes, in some cases. A person may qualify for both programs at the same time, often called concurrent benefits. This usually happens when someone qualifies for SSDI based on work history but receives a low monthly SSDI payment and also meets SSI’s financial limits. Because SSI is needs-based, any SSDI income can reduce the SSI amount. Whether you qualify for both depends on your income, resources, and monthly SSDI benefit.
How Can I Find Out What Illnesses Are Considered Disabling?
The SSA publishes resources used to evaluate disability claims, including the Listing of Impairments and the Compassionate Allowances program. These materials identify many conditions that may qualify when the medical evidence meets specific criteria. However, even if your diagnosis is not specifically named, you may still qualify if your symptoms and limitations prevent you from working.
What if My Disability Isn’t Permanent?
A condition does not have to be permanent to qualify for benefits. In many cases, the issue is whether the impairment has lasted, or is expected to last, at least 12 months or result in death. That means serious injuries, illnesses, or complications expected to keep you from working for a year or more may still meet Social Security’s definition of disability.
Can I Get Social Security for a Mental Illness?
Yes. Mental health conditions can qualify for disability benefits when they are severe enough to interfere with your ability to maintain substantial work activity. Depression, anxiety disorders, bipolar disorder, PTSD, schizophrenia, autism spectrum disorder, and other psychiatric conditions may be considered.
Can Drug Addicts and Alcoholics Get Disability Benefits?
A person cannot be approved for benefits when drug addiction or alcoholism is a material cause of the disability. In other words, if substance use is the primary reason someone cannot work, benefits may be denied. That said, individuals with addiction issues may still qualify if they also have separate physical or mental conditions that would remain disabling even without substance use.
How Are SSI and SSDI Different?
SSI and SSDI are both administered by the SSA, but they serve different purposes. SSDI is an insurance-based program for workers who paid Social Security taxes and earned enough work credits. SSI is a needs-based program for disabled individuals with limited income and resources, regardless of work history. Another key difference is how benefits are calculated: SSDI payments are based on prior earnings, while SSI payments are set by federal benefit rates and may be affected by other income.
What Are the Work Requirements for SSDI?
To qualify for SSDI, you generally must have worked in jobs covered by Social Security and paid payroll taxes. The SSA tracks eligibility through work credits, which are earned based on annual wages or self-employment income. You can earn up to four credits each year. Many applicants must show both recent work history and enough total credits overall, though the exact requirement depends on age. If you do not have sufficient credits for SSDI, you may still be eligible for SSI.
Can I Qualify for Disability Benefits If I Haven’t Worked for Several Years?
Possibly. If you have not worked recently, you may no longer be insured for SSDI unless you still meet the required work-credit rules. Whether you qualify depends on your earnings history and the date you became disabled. Even if SSDI is unavailable, you may still qualify for SSI if you meet the medical requirements and fall within the program’s financial limits.
What is Residual Functional Capacity?
Residual Functional Capacity (RFC) is the SSA’s assessment of the most work-related activity you can still perform despite your medical condition. It focuses on functional limits rather than diagnosis alone. An RFC may address issues such as lifting, standing, walking, sitting, concentration, attendance, pace, social interaction, or other restrictions. The SSA uses this assessment when deciding whether you can return to past work or adjust to other work.
Can I Get Social Security Benefits Without a Lawyer?
Yes. You are allowed to apply for benefits and handle your claim on your own. However, disability claims often involve detailed forms, medical evidence, deadlines, and appeal rules. Legal representation can help organize the case, avoid common mistakes, and present stronger evidence, especially after a denial.
Does Going to Jail Affect Disability Benefits?
Incarceration can affect your disability benefits. If you receive SSDI, payments are generally suspended if you are convicted and confined in jail or prison for more than 30 consecutive days. If you receive SSI, payments are generally not payable for any full calendar month you are incarcerated. After release, benefits may be restarted if you still qualify. In many cases, you must notify the SSA and provide proof of release before payments can resume. Some SSI recipients who were incarcerated for 12 consecutive months or longer may need to file a new application.
Can I Return to Work After Being Approved for Benefits?
Yes, but returning to work can affect your benefits depending on how much you earn and which program you receive. The SSA has rules and work incentives designed to let some beneficiaries test their ability to work without immediately losing eligibility. For example, SSDI and SSI use different income rules, and ongoing work activity may trigger a review of whether you still meet disability standards.
What Happens to My Disability Benefits If I Move to a Different State?
Usually, you do not need to reapply simply because you move. SSDI benefits generally continue if you remain eligible and update your address with the SSA. SSI can be more complicated because some states provide additional supplements or have different Medicaid-related rules. A move may change the amount you receive or affect related benefits.
How Much Does a Social Security Disability Lawyer Cost?
Fees for Social Security disability cases are regulated by the Social Security Administration. In most cases, an attorney is paid only if your claim is successful, and the fee is taken from a portion of your past-due benefits rather than your future monthly payments. The SSA must generally approve the fee arrangement. Under the standard fee agreement process, the fee is typically 25% of your past-due pay, up to the current SSA maximum of $9,200.
Can a Child Receive Disability Benefits?
Yes, some children with serious physical or mental impairments may qualify for SSI benefits. The child’s condition must meet Social Security’s disability standards, and household income/resources may also be considered for applicants under age 18. Once a child turns 18, the SSA may reevaluate eligibility under adult disability rules.
Can I Still Receive SSD Benefits If I Am Already Receiving Social Security Retirement Benefits?
In most cases, you cannot receive full Social Security Disability (SSD) benefits at the same time as Social Security retirement benefits. If you become disabled before reaching full retirement age, SSD benefits may replace early retirement benefits and are often higher. Once you reach full retirement age, SSD benefits automatically convert to retirement benefits. Because the rules can be complex and depend on your age and work history, speaking with an experienced disability attorney can help you understand your options and ensure you receive the maximum benefits available.
What Are the Chances of Getting Approved for Social Security Disability?
Many initial claims for Social Security Disability benefits are denied, even when applicants have serious and legitimate medical conditions. Approval rates are generally higher at the appeal stages, particularly when strong medical evidence is presented and deadlines are properly met. Working with an attorney can significantly improve your chances of winning benefits by ensuring your claim is fully developed and effectively presented to the Social Security Administration.
Reach Out to Our Maryland Social Security Disability Attorneys Serving Clients Nationwide for a Free Consultation
Gordon, Wolf & Carney is a boutique law firm that offers big-firm experience. Although we can’t guarantee that you will win your case, we can promise that we will present your case to SSA efficiently and effectively. Let us put our experience to work for you — contact our legal team today to schedule a free case evaluation. Our Maryland SSD attorneys proudly serve clients across the country. We handle Social Security claims on a contingency fee basis, meaning that you pay us no fee unless we win.
