How SSI and SSDI Lawyers Can Help
Applying for SSI or SSDI benefits can be overwhelming. Our attorneys assist with applications, appeals, hearings, and ongoing claims management.
Social Security offers several disability programs, including SSDI, SSI, Disabled Child's benefits, Disabled Widow(er)'s benefits, and Disabled Adult Child benefits.
People commonly associate "SSI" with all forms of Social Security disability — that's not accurate.
It's better to think of the disability program as having separate doors. Each program has its own eligibility requirements and rules.
In general — except for disabled children — the standard for disability is:
"The inability to perform any substantial gainful activity because of a medically determinable impairment that is expected to result in death within 12 months or to last for 12 months or more."
That's the basic definition. In reality, the rule is much more complex.
Who Qualifies for SSI?
SSI (also called Title 16) is for people who:
- Did not pay Social Security tax (FICA), and
- Have less than $2,000 in assets
It is a needs-based program that includes Medicaid (Medi-Cal in California).
The SSI program in California provides monthly cash benefits to help cover basic needs like food, shelter, and clothing. Benefit amounts are adjusted annually and vary based on your living situation and income.
Social Security strictly enforces these asset limitations through computerized financial matching — cross-referencing Social Security numbers with funds held in financial institutions.
If Social Security discovers a match between an SSI recipient and an undisclosed bank account, retirement fund, investment, bond, or other negotiable instrument, it will create an overpayment and demand repayment of benefits received.
The rules are strict when it comes to money, resources, and other assets. Transfers or gifts of assets made to qualify for SSI can result in significant penalties.
The Disabled Child's program also falls under SSI. It provides support for children with severe, significant, and ongoing disabilities. This is a highly technical program governed by complex and unique regulations.
Who Qualifies for SSDI?
SSDI (also known as Title 2) is for people who worked at least 10 years and worked within the five years before the onset of disability.
This program provides:
- Medicare medical benefits
- A freeze on your Social Security earnings record, preventing a reduction at age 65 for quarters of work within the disability period
- A 9-month trial work period
The monthly benefit amount depends on the amount of Social Security tax paid while working.
Like retirement benefits, disability payments are proportional to prior taxable earnings and subject to a maximum benefit.
Workers in certain governmental retirement systems — such as PERS, STRS, or LACERA, and postal employees prior to certain transitions — may not have paid FICA and may not qualify for Social Security disability benefits.
Homemakers who have been out of the workforce for extended periods are also frequently uninsured under SSDI.
Are You Frustrated by the Complexity of the SSI or SSDI Application Process?
Contact Us — We can help.
We guide you through every step of the process to get the benefits you're entitled to.
We represent you through the obstacles and challenges to keep the benefits process moving forward as quickly as possible.
Our attorneys stay with your claim until it has been fully reviewed — and beyond, if an appeal becomes necessary.
Helpful ResourceNot sure what your SSI or SSDI benefit might be? Use the Social Security Administration's free Benefits Calculator
Frequently Asked Questions
You're not legally required to have an attorney, but having experienced legal representation can make a significant difference in your case.
The disability claims process is complex, and the Social Security Administration denies many initial applications—often due to incomplete medical evidence or technical errors that could have been avoided. Studies show that claimants with legal representation are 23 percentage points more likely to get approved.
At Potter Padilla & Pfau, we guide you through every step, gather the medical evidence you need, work directly with your doctors, and present your case in the strongest way possible.
Potter Padilla & Pfau works on a contingency fee basis — you don't pay us anything unless we win your case.
If we successfully get you approved for benefits, our fee is 25% of your past-due benefits (also called back pay), and Social Security caps this fee at $7,200. This fee is paid directly from your back pay and must be approved by the Social Security Administration.
There are no upfront costs, no hourly fees, and no bills while we're working on your case.
The sooner, the better. Many people wait until after they've been denied to seek legal help, but having an attorney from the very beginning can help you avoid common mistakes that lead to denials.
Even if you're just thinking about applying for SSDI or SSI, it's worth reaching out to Potter Padilla & Pfau for a free consultation. And if you've already been denied, don't lose hope — we can help you appeal and fight for the benefits you need.
The timeline varies depending on your stage. Initial applications typically take 3 to 5 months for a decision. If your claim is denied and you request reconsideration, expect another 3 to 5 months. If you need to appeal to a hearing before an Administrative Law Judge, the wait can be 12 to 18 months or longer.
Having Potter Padilla & Pfau on your side can help reduce delays by ensuring your application is thorough and complete from the start.
If you have more questions, get in touch today — we're here to help.