SSI/SSDI Disability

Fitzpatrick and Associates We are Massachusetts Social Security Disability Lawyers providing representation for Social Security Disability Benefits claims throughout New England.

Do you have a Social Security Disability claim?

If you are suffering from a physical or mental impairment likely to last twelve (12) or more consecutive months you may be eligible to receive Social Security Benefits. The main focus of the Social Security Administration is on the limitations an individual's impairment imposes on your ability to engage in employment, not the physical or mental impairment itself.

Our Disability Lawyers Group will assist you and your family through the complicated process of filing for Social Security benefits or appealing a denial of benefits from the Social Security Administration.

Do I file for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) Benefits?

Supplemental Security Income (SSI) is a system of monthly disability benefits paid to individuals found to be disabled with low income. The basic amount paid is the same throughout the United States.

Social Security Disability Insurance (SSDI) is a system of monthly disability benefits paid to individuals found to be disabled with the required work history and having paid Social Security taxes while working. Benefits can also be paid to certain family members.

How does the Social Security Administration determine if someone is entitled to receive Social Security Benefits?

In determining whether someone is entitled to receive Social Security Disability payments the Social Security Administration uses a five step process:

Step #1: Are you working? If you continue to work but earn less a month than the amount the Social Security Administration determines to be substantially gainful employment you can still receive Social Security disability benefits.
Step #2: Is your impairment severe? To be found severe your condition must last or be expected to last at least twelve (12) months and impose disabling limitations on your ability to perform basic work functions.
Step #3: Does your impairment meet or equal a medical listing? The Social Security Administration have broken down well over 150 categories of medical conditions for adults and medical conditions for children.
If your medical impairment meets or equals one of the listed conditions you would be entitled to receive Social Security Disability payments.
If the Social Security Administration does not find your impairment to meet or equal a listing in step #3 you may still qualify for benefits, the next two steps are reviewed for a determination of disability.
Step #4: Are you able to perform your past work? If the Social Security Administration determines even with your impairment you can perform your previous work you would be denied benefits. If the Social Security Administration determines that with your impairment you cannot perform your previous work your claim will proceed to step #5.
Step #5: What other work, if any, can you perform with your impairment? To make this determination the Social Security Administration looks at among other factors:
- Age
- Education
- Work history

What if I filed an application for Social Security Disability Benefits that was denied?

Approximately 66.66% of original filings are denied. Once you are denied the Social Security Administration allows the claimant sufficient time to file an appeal.

Request for Reconsideration - The first level of appeal. Reconsiderations are sent to the same agency that made the initial determination on the denied application. Statistically, approximately 85% of Reconsiderations are denied.

Request for Hearing – The second level of appeal. Hearings are brought before an administrative law judge where the claimant is allowed to present evidence and testimony relative to any medical impairment and the limitations those impairments place on the claimant. Statistically, you have better than a 50-50 chance of being found disabled at this level.

If I am found disabled by the Social Security Administration how much money should I expect to receive each month?

Supplemental Security Income (SSI) The basic amount paid is the same throughout the United States, but some States supplement the base amount with an additional payment. The basic amount is subject to change each year based upon the cost of living.

Social Security Disability Insurance (SSDI) The amount paid is based upon the amount of FICA payroll taxes a person has paid over their work history. Therefore, the monthly benefits will vary from person to person.

Once I begin receiving Social Security Disability Benefits am I eligible for Medicare?

After receiving disability benefits for two (2) years you will automatically receive Medicare benefits. The Social Security Administration will contact you a few months before you become eligible.

Attorney's Fees

Our Social Security Disability Lawyers do not get paid unless your case is won. Fee Agreements in Social Security Disability cases must be approved by the Social Security Administration. The fee is based upon 25% of any back due benefits up to a maximum set by law.