Disability is defined by Social Security law as “the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”

While it is true that the Social Security Administration (SSA) denies many of the claims submitted, it is also true that you can win your case the first time you apply. The best way to achieve success the first time is to know exactly what you are doing, or retain a Social Security Disability attorney who does. LaPorte Law Firm has disability lawyers with decades of experience who can fill this role. We handle hundreds of disability claims each year, and most of them are successful the first time we try.

When your benefits begin, the SSA will inform you of your duty to report future work income, as it could have an effect on your benefits. As a disability beneficiary, you are entitled to a Trial Work Period where you can test your ability to work while receiving disability benefits. The amount of income you earn during your Trial Work Period and the length of your work may impact your benefit. Read our blog post on the Trial Work Period for more information.

Attorney’s fees are 25% of the first retroactive payment to you by the SSA; however, the fee is capped at US$7,200 regardless of the amount of money you are owed by the SSA. After November 30, 2024, the maximum attorney’s fees are capped at $9,200. There is no ongoing fee after you win your case. Because the SSA can take several years to adjudicate a disability claim, disability claimants are often entitled to a large check for retroactive benefits for the period in which they were waiting for their claim to be decided. Our fees automatically come out of that first retroactive check, so our clients never have to pay us directly.

The monthly amount you will receive depends on factors such as age, past earnings, and type of benefit. The law allows retroactive pay up to 12 months prior to the month of a disability application. To get a better idea of your situation, it is advisable to consult the SSA’s benefit calculator.

Social Security Disability applicants are typically denied for the following reasons:

• Criminal convictions: Although prior convictions do not generally affect your ability to obtain Social Security benefits, a convicted criminal will not be able obtain benefits if their disability is a direct result of an action that took place during the commission of a crime, if the disability stems from time spent in a correctional facility, they intentionally became an orphan or widow to receive benefits, or parole or probation has been violated.
• Alcohol- or drug dependence-related disability: If a drug or alcohol addiction is determined to have led to your disability, you will not be eligible for benefits.
• Lack of cooperation: The SSA requires applicants to submit their treating doctors’ medical records. Failure to comply with SSA requirements, such as not submitting your treating doctor’s medical records, leads to Social Security Disability claims being denied. If you do not have a treating doctor, you may be required to undergo an examination with one of the SSA’s doctors; failing to do so may result in your claim being denied.
• Fraud: Lying on an application may lead to benefits being denied as well as prosecution for fraud. 
• Length of disability: A short-term disability does not meet the requirement for receiving Social Security Benefits, as the SSA requires the disability to last for at least a year or likely to result in death, with the exception being blind applicants.