FAQs about SSD and SSI

No. Your eligibility for this type of program is not dependent on your work history or how much Social Security tax you have paid into the system.

Yes, though there are restrictions regarding how much in benefits you will be entitled to receive. Our lawyers can help ensure you retain your rights to the maximum amount of benefits in each program under law.

Yes, a representative and advocate can help you with every part of the process, including all of the paperwork and appearing with you at any meetings or hearings.

We can help you with this, including making sure you account for all jobs, changes in pay, stop working dates, start working dates, or payments received from someone else you are living with.

It’s natural to be concerned about how long it might take to get a decision in your SSI case. However, the reality is that this process isn’t immediate. While the government will take time to review your documents and come to a final decision, there are some steps you can take to avoid unnecessary delays. Having the support of an experienced SSI attorney could put you in a position to get the outcome you deserve without facing any delays.

The Timeline for an SSI Claim

The length of time it takes to receive an initial decision on a disability application varies by state, the complexity of the claim, and the number of people applying for benefits. In Colorado, the average time it takes to process an initial application for disability is about 73 days in Colorado, and appeals can add extra months to the process. Supplemental Security Income (SSI) is a disability benefit based on financial need to cover basic necessities such as food, clothing, and shelter. You must have a medical disability and a very limited income and financial assets to be eligible for SSI. Many disabled people who have qualifying medical conditions are denied benefits initially and have to go through the appeals process, which extends the length of time it takes to get a decision.

If you have a medically diagnosed disability and a very limited income and assets, you may qualify for SSI benefits. The Colorado social security disability attorneys at The Wilhite Law Firm are here to guide you through the process if we believe you meet the criteria. We assist people in Denver, Greeley, and throughout Northeastern Colorado in applying for disability benefits. Our Supplemental Security Income lawyers have assisted many Coloradans who were in difficult circumstances to pursue full SSI benefits. Attorney Robert Wilhite and The Wilhite Law Firm have established a proud Heritage of Justice by standing up for the rights of many disabled Coloradans in 40 years of legal practice. Call a Denver personal injury attorney today for a free review of your SSI claim and information about how we may help you pursue government financial assistance.

How Long Does It Take To Get Social Security Disability Once Approved?

We understand that you want to receive SSI benefits as soon as possible after winning the approval of disability benefits. It always takes longer than you would wish.

If you qualify for SSI, your benefits will typically start in the first full month after you receive approval. For example, if you are approved for benefits on May 1, then you will start receiving benefits on June 1. But it typically takes a couple of months for the Social Security payment processing center to start issuing checks to you.

You will be paid from the effective date of your application and will receive a lump sum check covering any back benefits owed to you.

If you have been diagnosed with a disability, it is important to apply as soon as possible because the Social Security Administration will not generally pay SSI benefits for any period of time that you were disabled before you applied for benefits.

How Long Does It Take To Get Social Security Disability With The Assistance Of A Lawyer?

You have a right to have a lawyer represent you when applying for SSI benefits. A lawyer can help you avoid common errors that lead to unnecessary delays when applying for disability benefits. Some mistakes can set back the approval of benefits by months and require multiple appeals.

Many applicants for disability benefits are turned down because their applications lack adequate medical evidence supporting the disability claim, or the applications have incomplete financial information. This may prompt claims reviewers to ask for more information and create lengthy delays in securing disability benefits. To qualify for SSI benefits, you do not need to show employment history, but you must demonstrate financial need and have few assets.

A knowledgeable lawyer can help you submit the strongest possible application initially to keep your claim on track and improve your chances of receiving approval of benefits in the early stages. Our attorneys will complete forms and stay on top of getting needed medical evidence submitted promptly for review. Much of the time it takes Disability Determination Services, a state agency charged with making disability decisions, to complete a review of a disability application involves waiting for medical reports and forms.

Some delays are caused by an applicant’s lack of understanding of the appeals process and the multiple levels of appeals.

If you have received a denial letter, an experienced disability lawyer at The Wilhite Law Firm can help you see a doctor for a second opinion and gather additional medical evidence supporting your claim.

A knowledgeable attorney can help you appeal a decision and gather all the information the federal government needs to approve your application for benefits if you meet the criteria.

If an administrative law judge has been assigned to your case, an attorney may request an on-the-record review of your file if you have strong medical evidence or your medical condition has deteriorated significantly. An on-the-record review can allow your claim to be approved without a hearing and reduce the time required. But it requires compelling medical evidence to support the claim.

If you proceed to the hearing and your case is heard by an administrative law judge, it typically takes six to eight weeks for the judge to issue a decision.

Factors That Can Delay an SSI Decision

Even though many applicants receive a decision in about six to eight months, some cases take longer. Some of the factors that drag out a decision in your SSI case include the following:

Incomplete Medical Records

These claims are based on evidence, and that usually starts with your medical records. Unfortunately, the claims process can be a challenge if your records are incomplete. It can sometimes take weeks or months to contact the relevant care providers and get the records you need.

Requests for Additional Exams

The SSA also has the right to request additional exams to confirm your disability. These take time to set up, and refusing to comply with them can derail your case entirely.

High Caseloads

Some delays happen when the agencies responsible for these claims get overwhelmed. Cases pass back and forth between state and federal agencies, and high caseloads might lead to delays or even result in a file falling through the cracks.

Complex Medical Conditions

The more complex your condition, the longer it might take for your case to play out. This is especially true in situations where your symptoms are unusual or your diagnosis is unclear. Fluctuating symptoms that come and go can also make this process harder.

Missing Information in the Application

Simple mistakes on your end can also slow the process down. If your application is incomplete or contains inconsistent information, the SSA may need to follow up for clarification. Each request and response adds time, especially if you put off responding.

Dealing With a Denied Claim

If your claim takes longer than expected, it does not necessarily mean something is wrong. The SSA reviews each application individually, but many delays have nothing to do with the strength of the underlying claim. Thankfully, you have options when it comes to moving your case along.

During this time, the agency may still be actively working on your file. You can check the status of your claim through your Social Security account or by contacting the SSA directly. There’s no doubt that a delay can be frustrating, but this process takes time. An attorney can help you identify when a delay has become unreasonably long.

How You Can Help Avoid Delays in Your SSI Case

While some delays are outside your control, there are steps you can take to keep your claim moving forward. The goal is to make it as easy as possible for the SSA to review your case without needing follow-up requests.

Start by submitting complete and accurate information from the beginning. It is also important to respond quickly to any requests from the SSA. If they ask for documents or schedule an exam, acting promptly can prevent weeks of unnecessary delay. Missing deadlines or appointments can slow your claim significantly.

Talk To An Experienced Denver SSI Lawyer

Our knowledgeable disability attorneys at The Wilhite Law Firm have handled thousands of disability claims in Denver and Northeastern Colorado. The application process can be drawn out and confusing to those who are facing it for the first time. We understand the requirements that SSI applicants must meet to qualify for benefits. It helps to have the assistance of a knowledgeable SSI attorney to lead you through the application and appeals process. A Denver SSD lawyer at The Wilhite Law Firm can stand beside you at hearings before administrative law judges. We can help you present a compelling case that your disabling condition has left you unable to work.

To learn more about how an experienced Colorado disability attorney can guide you through the disability process and help you present the strongest possible case for benefits, please call The Wilhite Law Firm to schedule a free initial consultation. We will review your case and evaluate your qualifications for disability benefits at no charge.

A work credit is equivalent to a certain amount of wages for a given year. You must earn four of these credits per year.

The number of work credits you need to qualify for disability benefits generally depends on the age at which you became disabled. Generally, you need 40 credits, 20 of which were earned in the past 10 years, ending with the year you became disabled. However, younger workers may qualify with fewer credits.

Generally, most people’s initial applications are denied. We can help you with the subsequent appeals process. It will consist of a reconsideration stage as well as a stage that involves a hearing before an administrative law judge. There are two more appeal stages — an appeals council and appearing in federal court — after that. We have experience pursuing appeals at all levels.

We know exactly what the SSA is looking for when evaluating an SSD application or appeal. We know how to cut through the red tape, gather essential documentation and persuasively advocate on your behalf. Also, our fees are dictated by federal law, so we recover only a small percentage if you are awarded benefits, and we are not paid unless we are successful in your petition for benefits.