What's the difference between SSDI and SSI?

SSDI (Social Security Disability Insurance) is for workers who paid into Social Security and have enough work credits. SSI (Supplemental Security Income) is needs-based for people with limited income and resources regardless of work history. You may qualify for both. California supplements SSI with State Supplementary Payment (SSP).

How long does it take to get Social Security disability in California?

Initial applications take 3-6 months, with about 70% being denied. Reconsideration takes another 3-5 months. If denied again, a hearing before an Administrative Law Judge can take 12-24 months. The entire process from application to hearing decision can take 2-3 years. Compassionate Allowance conditions are expedited.

Should I hire a lawyer for my initial disability application?

You can file the initial application yourself using Social Security's online tools. However, statistics show that represented claimants win at higher rates, especially at hearings. Many attorneys take cases at any stage and work on contingency (no fee unless you win), so consultation is always worthwhile.

How much does a Social Security disability lawyer cost?

Fees are regulated by Social Security. Attorneys charge 25% of past-due benefits (backpay), capped at $7,200 (as of 2024). There's no fee if you don't win. You pay nothing out of pocket - the fee comes from your backpay. This makes representation accessible regardless of financial situation.

Do I Need a Lawyer for Social Security Disability?

Answer a few questions to get personalized guidance for your SSDI or SSI claim

What stage is your disability claim at?

Attorney involvement becomes more valuable at later stages

Haven't applied yet - just starting the process

Initial application pending or recently denied

Reconsideration pending or denied

Preparing for or had ALJ hearing

What type of disability do you have?

Some conditions are harder to prove than others

Severe condition on Compassionate Allowance list (ALS, certain cancers, etc.)

Clear physical disability with objective medical evidence

Mental health condition (depression, anxiety, PTSD, bipolar)

Chronic pain condition (fibromyalgia, chronic fatigue, migraines)

How well documented is your disability?

Medical evidence is crucial for approval

Extensive - long treatment history, multiple specialists, test results

Moderate - regular doctor visits and some specialist records

Limited - occasional treatment, gaps in medical records

Minimal - little medical documentation

Are you still working?

Work activity affects eligibility

No, not working at all

Working part-time earning under $1,550/month

Working but may need to stop due to disability

Working full-time but struggling

How confident are you navigating complex paperwork?

Disability applications involve extensive forms and deadlines

Very confident - I'm good with detailed paperwork and deadlines

Moderately confident but it feels overwhelming

Not confident - paperwork is very difficult for me

My disability makes it hard to handle these tasks

Are there any complications in your case?

Certain factors make cases more complex

No, straightforward disability claim

Workers' compensation or other disability benefits involved

Previous denied claims or issues with my record

Drug/alcohol history or criminal record

⚖️

You Should Hire a Disability Attorney

Your case has factors that significantly benefit from professional representation. Attorneys work on contingency - no fee unless you win.

Why legal help is valuable:

Hearing-level cases have much higher win rates with attorneys
Attorneys know how to present your case effectively
They can gather additional medical evidence
No out-of-pocket cost - fee comes from backpay if you win
They handle all paperwork and deadlines
Consultations to evaluate your case

Book $125 Consultation Find a Disability Attorney CA Bar Lawyer Referral

🤔

Consider Getting Help With Your Claim

Your situation would likely benefit from professional assistance. Many disability attorneys work on contingency with fees paid from backpay.

Options to consider:

Consultation with a disability attorney
Help from a non-attorney disability representative
Legal aid organizations that handle disability cases
At minimum, get help if you're denied and need to appeal
Remember: no upfront cost for representation

Book $125 Consultation Get Consultation SSA Disability Info

📋

You May Be Able to Start the Process Yourself

For initial applications with strong medical evidence, many people apply successfully without help. However, consultation is still worthwhile given there's no upfront cost.

DIY application tips:

Apply online at SSA.gov or at your local SS office
Gather comprehensive medical records before applying
List all doctors, hospitals, and treatment providers
Describe how your condition limits daily activities
Be thorough and honest on all forms
If denied, strongly consider getting an attorney for appeal

Apply at SSA.gov Consult Attorney Anyway (Free)

Understanding Social Security Disability in California

Social Security disability benefits help people who can't work due to severe medical conditions. There are two main programs: SSDI (based on work history) and SSI (needs-based). California residents may also receive State Supplementary Payment (SSP).

SSDI vs. SSI Comparison

Feature	SSDI	SSI
Based On	Work history (enough credits)	Financial need
Resource Limits	None	$2,000 individual / $3,000 couple
2024 Max Benefit	Up to $3,822/month	$943/month (federal) + CA SSP
Medicare	After 24-month waiting period	Immediate Medi-Cal eligibility
Family Benefits	May be available	Individual only

The Application and Appeals Process

Stage	Approval Rate	Wait Time
Initial Application	~30%	3-6 months
Reconsideration	~10-15%	3-5 months
ALJ Hearing	~45-55%	12-24 months
Appeals Council	~2%	6-18 months
Federal Court	Varies	1-2+ years

Why Attorney Representation Matters

Stage	Without Attorney	With Attorney
Initial Application	Can apply yourself easily	May help with presentation
Reconsideration	Worth getting help	Better evidence gathering
ALJ Hearing	~30% win rate	~50%+ win rate
Appeals Council+	Very difficult	Required for success

What Attorneys Do for Your Case

Gather medical evidence: Request records, work with doctors
Prepare legal brief: Present your case in SSA's terms
Represent at hearing: Question witnesses, present arguments
Handle all deadlines: Never miss an appeal deadline
Get medical opinions: Work with treating physicians
Maximize backpay: Establish earliest onset date

Attorney Fee Structure

Contingency fee: You pay nothing unless you win
Maximum fee: 25% of past-due benefits, capped at $7,200
Fee approval: SSA must approve all fees
Out-of-pocket: Some expenses may be separate (records, etc.)
No win = no fee: If you lose, you owe nothing

Tips for a Successful Claim

Keep treating: Consistent medical care creates a paper trail
Be honest: Exaggeration damages credibility
Describe limitations: Focus on what you CAN'T do, not diagnosis
Get doctor support: Treating physician opinions carry weight
Meet deadlines: Missing a 60-day appeal deadline can be fatal
Stay off social media: SSA may review your accounts

California-Specific Benefits

California provides additional support for SSI recipients:

SSP (State Supplementary Payment): Additional monthly amount on top of federal SSI
Medi-Cal: Automatic eligibility with SSI
CalFresh: Most SSI recipients may qualify
IHSS: In-Home Supportive Services for disabled individuals

Resources

Quick Legal Tools

Free calculators to help with your case:

📅