How A Social Security Disability Lawyer Can Help You (2025)

Social Security Disability Eligibility

America’s Social Security system has developed in fits and starts since the passage of the original Social Security Act in 1935. The original act only covered retirement benefits. It did not provide cash benefits to disabled workers.

Congress amended Social Security laws in the 1950s to protect disabled workers’ retirement benefits during periods of disability. The laws were amended again to pay benefits to disabled workers over 50. Finally, Congress directed payments to all disabled workers regardless of age.

This system still exists today. Under these laws, 7.6 million disabled working-age people currently receive SSDI benefits. The Social Security Administration (SSA) approves benefits for about 700,000 new claimants annually.

The cause of the health condition does not matter when filing an SSDI claim. You can receive benefits whether the disability results from a work-related injury, severe car crash injury, or a chronic illness. Applicants must meet two criteria for the SSA to approve benefits.

Work History

The Social Security system is funded by withholding Federal Insurance Contributions Act (FICA) taxes from your paychecks. Your employer pays a matching amount in payroll taxes. You become eligible to receive benefit payments from SSA by paying into the system.

SSA has duration and recency requirements to determine eligibility based on your work history. SSA awards a work credit for every $1,730 in taxable wages or self-employment income you earn each year, up to four work credits.

Fortunately, you do not need to work many hours per week to earn the maximum work credits. However, you must meet both of the following work credit requirements:

• You must have at least 20 work credits
• At least 10 work credits must be earned in the 10 years preceding the disability

Suppose that you earned at least $6,920 annually, earning four work credits for every year you worked. You must have worked at least five years during your life in a job where you paid FICA taxes or self-employment taxes. At least two-and-a-half of these years must have occurred in the ten years before you became disabled.

Thus, SSA can deny a claim for the following reasons:

• You did not earn enough work credits in your lifetime
• You did not earn work credits recently enough

Sometimes, these claim denials happen because SSA’s records are incorrect. They can also occur when your taxes get filed incorrectly, either because of your mistake or a problem with your tax preparer or tax software.

Finally, they can happen when your employer classifies you as an independent contractor and, as a result, fails to withhold FICA or pay payroll taxes for you.

Long-Term Disability

The health condition must totally disable you for at least a year. Total disability means you cannot engage in any gainful employment. You must also be unable to train for a different job that would provide gainful employment.

SSA does not pay SSDI benefits for partial disabilities. If you suffer a construction injury that requires amputation of your right hand, you can pursue a personal injury claim but not SSDI because you can still work using your left hand.

Similarly, suppose that you injured your back at work and receive workers’ comp while you recover from spinal fusion surgery. If the predicted recovery time is less than a year, you will be ineligible for SSDI.

The injury or disease must also meet at least one of the following requirements:

• It has disabled you for at least a year
• Your doctor expects it to disable you at least a year into the future
• It will cause your death

SSA can deny claims in the following situations:

• It has no evidence that the condition prevents gainful employment
• It believes the claimant can train for a different job
• There is no evidence showing that the disability will last at least one year

When SSA denies on these grounds, you likely need medical evidence from an expert witness or your doctor.

How a Social Security Disability Lawyer Can Help

Whether you are filing a claim or need help responding to a denial, a lawyer will provide the following assistance:

• Listen to your story and discuss your options
• Collect medical evidence, including any necessary expert testimony
• Introduce the evidence to SSA
• Argue that you qualify for SSDI benefits

An experienced attorney can draw on past cases to know the kinds of evidence and testimony that might persuade SSA to accept your claim.

Finding a Social Security Disability Attorney

One of the best resources for finding a Social Security disability lawyer is a referral. You should consider talking to family members, friends, and acquaintances about lawyers they have used for their Social Security cases. Former clients have unique insight into the lawyer’s skills and client handling.

Once you have a list of attorneys, you should schedule consultations. Many Social Security lawyers provide free consultations to prospective clients. You can get your questions answered and gauge whether the lawyer meets your needs.

ConsumerShield Can Help You

Finding the best attorney for Social Security disability can be critically important to your success. ConsumerShield helps disabled workers by reviewing their cases and referring them to an attorney for representation. Contact us to learn how we can help you find a Social Security disability lawyer.