SSDI – Disability Law Questions

We have listed the most common SSDI / disability law questions asked by our clients below.  If you don’t find an answer here, then please feel free to contact us for assistance. Back to Main FAQ Page My SSDI claim has been turned down! Can they do that? Yes, but if you are turned down, you still have 60 days to appeal.  If you don’t appeal with that time, you could loose your rights to your benefits.   Letting this deadline pass is, by far, the biggest mistake one could make. How do I get medical care while I am waiting on my claim? Your county health department will assist you.  Visit the Florida Department of Health for more info. How much will my lawyer charge me? Lawyers fees are limited to 25% of the award of your past due benefits.  This means that a quarter of those benefits that have been sitting they’re building up since you were found disabled and the time the benefits are actually paid.   The SSA can also cap that amount to be less than that, if it is in excess of $25.000.  Regardless, these fees will not come out of your current monthly benefits. Will I loose my SSD if I go back to work? You can receive your benefits for at least 9 months after you go back to work.  If you can’t continue working past this date, you will still receive your benefits. In addition, Medicare will still continue for 8.5 years after you go back to work.  This is to help you feel more comfortable trying to get back in the workplace without the fear of losing your benefits in case it’s not possible. Do I need an attorney to get my benefits? Not initially.  But if you have been denied, then you might want to find legal representation to help you prepare for an appeal. How does the SSA define disability? To be eligible for SSD benefits, a person must be unable to do any kind of gainful work because of a mental or physical illness or impairment, which is expected either to last at least a year, or is expected to end in death. Back to Main FAQ Page