Applying for Social Security Disability benefits can seem overwhelming when you're already dealing with health challenges that prevent you from working. The process involves numerous forms, strict deadlines, and specific requirements that can feel like navigating a maze. At the Law Offices of Timothy D. Welborn, we've helped clients nationwide successfully navigate the Social Security Disability application process since 1994.
This comprehensive guide walks you through each step of applying for Social Security Disability benefits, from determining your eligibility to completing your application and understanding what happens next.
Understanding the Two Main Disability Programs
Before beginning your application, it's important to understand the two distinct disability programs administered by the Social Security Administration (SSA):
Social Security Disability Insurance (SSDI)
SSDI is an insurance program for workers who have paid into the Social Security system through FICA taxes deducted from their paychecks. To qualify:
- You must have earned sufficient "work credits" (typically by working 5 out of the last 10 years)
- You must meet the SSA's definition of disability
- Your condition must prevent substantial gainful activity (SGA)
SSDI benefits include monthly payments based on your earning history and, after 24 months of receiving SSDI, eligibility for Medicare.
Supplemental Security Income (SSI)
SSI is a needs-based program for disabled individuals with limited income and resources. To qualify:
- You must meet the same disability standards as SSDI
- Your income and resources must fall below specified thresholds
- Work history is not required
SSI benefits include monthly payments (at a set federal rate, plus possible state supplements) and immediate eligibility for Medicaid in most states.
Many people qualify for only one program, while others may be eligible for both. Our attorneys can help determine which program(s) are right for your situation.
Are You Eligible for Disability Benefits?
Before starting the application process, it's helpful to understand if you're likely to qualify:
Medical Eligibility
To meet the SSA's definition of disability, you must be unable to engage in substantial gainful activity (SGA) due to a medically determinable physical or mental impairment that:
- Has lasted or is expected to last for at least 12 continuous months, or
- Is expected to result in death
"Substantial gainful activity" refers to work that:
- Involves significant physical or mental activities, and
- Is typically done for pay or profit
In 2025, the SGA threshold is $1,550 per month for non-blind individuals and $2,590 for blind individuals. If you're earning above these amounts, the SSA generally won't consider you disabled regardless of your medical condition.
Technical Eligibility
For SSDI, you must have:
- Earned sufficient work credits (generally 40 total, with 20 earned in the last 10 years)
- Work credits requirements are lower for younger workers
- Currently be insured for disability benefits
For SSI, you must have:
- Limited income (below the federal benefit rate plus allowances for certain expenses)
- Limited resources (less than $2,000 for individuals or $3,000 for couples, excluding certain assets like your home and one vehicle)
Step 1: Gather Information and Documentation
Before beginning your application, gather all necessary information and documentation. Having these materials organized will make the application process much smoother:
Personal Information
- Social Security number
- Birth certificate or proof of birth
- Names, addresses, and phone numbers of all doctors, hospitals, clinics, and institutions that have treated you
- Dates of all medical treatments
- List of all medications you're taking
- Medical records you already have in your possession
- Laboratory and test results
Work Information
- W-2 forms or self-employment tax returns for the current and past year
- Complete work history for the 15 years before you became disabled (job titles, types of work, dates of employment)
- Information about any workers' compensation claims or other disability claims you've filed
- Military service discharge information (Form DD 214) if you served in the military
Financial Information
- Bank account numbers and routing numbers if you want direct deposit
- Proof of current income (pay stubs, rental income, investments)
- List of assets and resources (for SSI applications)
- Information about household expenses
- For SSI: information about living arrangements
Additional Documentation
- Marriage and divorce information (if applicable)
- Names, birth dates, and Social Security numbers of children who became disabled before age 22, are under 18, or are 18-19 and still in secondary school
- Death certificate or proof of death if you're applying as a widow(er)
Step 2: Choose Your Application Method
The SSA offers several ways to apply for disability benefits:
Online Application
For SSDI, the most efficient method is typically the online application at www.ssa.gov. The online option:
- Allows you to save your progress and return later
- Provides a receipt and confirmation number
- Can be completed at your own pace
- Is available 24/7
Note: While you can start an SSI application online, most SSI applicants will need to complete the process by phone or in person.
Phone Application
You can apply by calling the SSA's toll-free number: 1-800-772-1213 (TTY 1-800-325-0778)
- Representatives are available Monday through Friday, 8:00 AM to 7:00 PM
- You can schedule a phone appointment for someone to help you complete your application
- This option is good for those who have difficulty using computers
In-Person Application
You can apply in person at your local Social Security office:
- Use the SSA's office locator at www.ssa.gov/locator to find your nearest office
- Call ahead to schedule an appointment, as many offices have limited walk-in services
- This option is best if you need direct assistance or have complex circumstances
Step 3: Complete the Application Forms
The disability application involves several forms that gather information about your medical condition, work history, and how your disability affects your ability to function:
Application for Disability Benefits
The main application collects basic information about you and your disability claim, including:
- Personal information
- Medical conditions and when they began
- Work history
- Education history
- Military service
- Marital history
- Information about dependents
Adult Disability Report (Form SSA-3368)
This detailed form collects specific information about:
- Your medical conditions
- How your conditions limit your ability to work
- Your medications and treatments
- Your complete medical history with provider information
- Your work history for the past 15 years (job duties, hours, pay, etc.)
Authorization to Disclose Information (Form SSA-827)
This form gives the SSA permission to request and obtain your medical records from healthcare providers. You'll need to sign this form for your application to proceed.
Work History Report (Form SSA-3369)
This form requests detailed information about each job you've held in the past 15 years, including:
- Physical requirements (lifting, standing, walking, etc.)
- Mental requirements (decision-making, supervision, etc.)
- Technical skills required
- Environmental conditions
Function Report (Form SSA-3373)
This form details how your condition affects your daily activities:
- Personal care abilities
- Household management
- Social activities
- Mobility
- Mental functions (concentration, memory, etc.)
Take your time completing these forms and be as detailed and specific as possible. Be honest about your limitations, and don't minimize the impact of your condition on your daily life and ability to work.
Step 4: Submit Your Application
Once you've completed all required forms:
- Submit your application through your chosen method (online, phone, or in-person)
- Make note of your confirmation number or receipt
- Keep copies of everything you submit
- Note the date you applied (this can be important for calculating back benefits if approved)
After submission, the SSA will review your application for completeness and may contact you if additional information is needed.
Step 5: Understand the Evaluation Process
After you submit your application, the SSA forwards your case to a state agency called Disability Determination Services (DDS) for a medical decision. DDS follows a five-step sequential evaluation process:
Step 1: Are you working?
If you're earning above the SGA threshold, your claim will be denied regardless of your medical condition.
Step 2: Is your condition "severe"?
Your condition must significantly limit your ability to perform basic work activities for at least 12 months.
Step 3: Does your condition meet or equal a listing?
The SSA maintains a "Listing of Impairments" detailing conditions that automatically qualify as disabling. If your condition meets or equals a listing, you're approved without further evaluation.
Step 4: Can you perform your past relevant work?
If your condition doesn't meet a listing, DDS determines whether you can perform any jobs you've held in the past 15 years.
Step 5: Can you perform any other work in the national economy?
If you can't perform past work, DDS considers whether you can adjust to other work based on your:
- Residual Functional Capacity (RFC)
- Age
- Education
- Work experience
This evaluation typically takes 3-5 months, though some cases may take longer.
Step 6: Respond Promptly to Requests for Additional Information
During the evaluation process, you may receive requests for additional information or be asked to attend a consultative examination. It's crucial to:
- Respond to all requests promptly
- Attend any scheduled medical examinations
- Provide any additional documentation requested
- Update the SSA if your contact information changes
- Inform the SSA of any significant changes in your medical condition or work activity
Failing to respond to these requests can result in your claim being denied due to insufficient information.
Step 7: Understand Possible Outcomes and Next Steps
If Your Claim is Approved:
You'll receive a notice explaining:
- The amount of your monthly benefit
- When payments will begin
- Any back pay you're entitled to receive
- When your case will be reviewed
- Medicare or Medicaid information (if applicable)
If Your Claim is Denied:
Approximately 70% of initial applications are denied. If this happens, don't lose hope. You have the right to appeal, and many claims are ultimately approved during the appeals process.
The appeals process includes four levels:
- Reconsideration: A complete review of your claim by a different examiner
- Administrative Law Judge (ALJ) Hearing: An in-person or video hearing before a judge
- Appeals Council Review: A review of the ALJ decision for errors of law or abuse of discretion
- Federal Court Review: Filing a lawsuit in federal district court
You have 60 days from receiving a denial to file for the next level of appeal. Working with an experienced disability attorney significantly increases your chances of success during appeals.
Can I Hire an Attorney in a Different State Than Me to Help?
Yes, you can absolutely hire a disability attorney who practices in a different state than where you live. This is one of the significant advantages of the Social Security Disability system, which operates under federal law rather than state law. Here's why this works and what you should know:
Federal Jurisdiction Allows Nationwide Representation
Social Security Disability is a federal program governed by federal laws and regulations that are uniform across all 50 states. This means:
- A knowledgeable disability attorney can represent clients anywhere in the United States
- The attorney does not need to be licensed in your specific state to handle your Social Security Disability claim
- Many experienced disability attorneys (like those at the Law Offices of Timothy D. Welborn) represent clients nationwide
How Remote Representation Works
Modern technology and SSA procedures make long-distance representation seamless:
- Initial Application and Appeals: Your attorney can handle paperwork, submit documentation, and communicate with the SSA regardless of location
- Medical Records: Electronic records systems allow attorneys to obtain and submit medical evidence from anywhere
- Communication: Phone calls, emails, and video conferences keep you connected with your attorney
- Hearings: Administrative Law Judge hearings can be conducted by video or telephone, allowing your attorney to represent you without being physically present in your location
- Local Expertise: Many nationwide disability firms have relationships with medical providers and knowledge of Disability Determination Services offices across the country
Benefits of Choosing an Out-of-State Attorney
There can be several advantages to selecting an attorney outside your immediate area:
- Specialized Expertise: You can choose an attorney based on their expertise and success rate rather than geographic proximity
- Reputation and Experience: You might find an attorney with specific experience with your medical condition or with a particularly strong record at hearings
- Convenience: Remote representation can often be more convenient, eliminating the need for in-person meetings and allowing more flexible communication
What to Look For in a Disability Attorney (Regardless of Location)
When selecting an attorney in another state, consider:
- Experience with Social Security Disability cases: How long have they practiced disability law and how many cases have they handled?
- Knowledge of your specific medical conditions: Do they have experience with cases similar to yours?
- Communication approach: How will they stay in touch, and how quickly do they respond to questions?
- Fee structure: All disability attorneys work on a contingency basis with fees regulated by the SSA (typically 25% of past-due benefits up to a maximum amount), but confirm there are no additional costs
- Technology capabilities: Do they have secure systems for sharing documents and conducting virtual meetings?
The Law Offices of Timothy D. Welborn's Nationwide Practice
At the Law Offices of Timothy D. Welborn, we represent Social Security Disability clients throughout the United States. Our experience with the federal disability system and our technological capabilities allow us to provide effective representation regardless of where you live.
We handle all aspects of your case remotely, including:
- Completing and submitting application forms
- Gathering medical evidence from your healthcare providers
- Communicating with your local SSA office
- Preparing written arguments for your claim
- Representing you at hearings (either by video, telephone, or by arranging to appear in person when necessary)
Our clients appreciate the ability to work with our experienced team regardless of their location, and modern technology makes the process seamless.
Read more about hiring an out of state attorney for Social Security Disability here.
Common Reasons for Denial and How to Avoid Them
Understanding why claims are commonly denied can help you strengthen your application:
Insufficient Medical Evidence
The SSA requires detailed medical documentation of your condition. To strengthen your case:
- See your doctors regularly
- Follow all treatment recommendations
- Request detailed reports from your treating physicians
- Ensure all relevant medical records are included with your application
Failure to Meet Technical Requirements
Technical denials occur when non-medical requirements aren't met. To avoid this:
- Ensure all forms are complete and accurate
- Respond promptly to all SSA communications
- Report your work history accurately
- Stay under SGA earnings limits while applying
Inadequate Explanation of Limitations
Many applications fail to clearly connect medical conditions to specific work-related limitations. Be detailed when describing:
- How your condition affects your ability to perform basic work functions
- Specific activities you can no longer do or can only do with difficulty
- How your symptoms impact your daily life and ability to maintain a regular work schedule
Lack of Treatment History
Infrequent medical treatment or gaps in your medical records can lead the SSA to question the severity of your condition. Maintain consistent medical care and explain any gaps in treatment (such as inability to afford care).
How the Law Offices of Timothy D. Welborn Can Help
While you can apply for disability benefits on your own, having experienced legal representation significantly increases your chances of approval. At the Law Offices of Timothy D. Welborn, we help clients nationwide navigate the complex disability application process. Our services include:
Initial Application Assistance
- Determining which disability programs you qualify for
- Gathering and organizing medical evidence
- Completing forms accurately and strategically
- Ensuring all deadlines are met
- Crafting detailed explanations of how your condition limits your ability to work
Appeals Representation
If your initial claim is denied, we guide you through the appeals process:
- Filing timely requests for reconsideration
- Preparing for Administrative Law Judge (ALJ) hearings
- Gathering additional medical evidence
- Preparing you for questions you may face
- Cross-examining vocational and medical experts
- Presenting compelling legal arguments
Ongoing Case Management
Throughout the process, we handle all aspects of your case:
- Communicating with the Social Security Administration
- Tracking your case status and meeting deadlines
- Coordinating with your medical providers
- Addressing any issues that arise
- Keeping you informed of developments
Frequently Asked Questions About Applying for Disability
How long does it take to get approved for disability benefits?
Initial applications typically take 3-5 months for a decision. If appeals are necessary, the process can extend to 1-2 years or longer. However, certain conditions may qualify for expedited processing through programs like Compassionate Allowances or Quick Disability Determination.
Can I work while applying for disability?
You can work while applying, but your earnings must remain below the SGA threshold ($1,550/month in 2025 for non-blind individuals) for your application to be considered. However, even earnings below this level might affect how the SSA views your limitations.
How far back will my disability benefits go if approved?
SSDI benefits can be paid for up to 12 months before your application date, depending on when your disability began. SSI benefits begin the month after your application date.
What if I've been denied before?
Many successful claims were initially denied. Rather than starting a new application, it's usually better to appeal a denial within the 60-day deadline. Each level of appeal provides new opportunities to present your case.
How are my benefit amounts calculated?
SSDI benefits are based on your average lifetime earnings before your disability began. SSI has a federal base rate ($943/month for individuals in 2025) that may be supplemented by some states and reduced if you have other income.
What happens after I'm approved?
After approval, you'll receive monthly benefits via direct deposit or a Direct Express card. SSDI beneficiaries become eligible for Medicare after 24 months of benefits. SSI recipients typically qualify for Medicaid immediately in most states.
Contact Us for a Free Consultation
If you're unable to work due to a physical or mental condition, don't struggle with the Social Security disability application process alone. The Law Offices of Timothy D. Welborn helps clients nationwide secure the benefits they deserve.
Contact us today for a free, no-obligation consultation to discuss your case and learn how we can help. Call our toll-free number at 1-800-852-1504, or reach out to us online.
Our experienced disability attorneys will evaluate your case, explain your options, and guide you through every step of the disability benefits process. Remember, you pay nothing unless we help you obtain benefits.
