Practice Areas

Social Security Disability

The process of obtaining Social Security Benefits is often stressful and time consuming – and cases that deserve benefits can be denied if the right lawyer isn’t advocating for their clients.

With an 80% approval rate and over 25 years practicing law, I am well-versed in the varying factors of the most straightforward cases to the most unique cases.

If you aren’t eligible for SSD benefits, I can explore other options that might best suit your circumstances, like Supplemental Security Income Benefits.

What We Are Expert At

Types of Social Security Disability Benefits:

Social Security Disability Insured Benefits (SSDI)

Assuming the Judge determines you are disabled and you have enough credits, you will receive SSDI. The amount of your back pay and monthly check depends on how much you have worked and earned in the past. During the time you worked, the government collected social security taxes from your checks and your employer paid benefits. You earned credits from those taxes paid and that determines the amount of benefits. However, your credits generally run out about five years after you are unable to work. Therefore, it is to your advantage to apply for disability as soon as possible after you are unable to work. Under SSDI, the average benefits for an individual is about $1,100. For a family, the average is about $1,900.

Your children that are residing with you and under the age of 18 may also qualify for benefits. 

Benjamin Richardson​​

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Supplemental Security Income Benefits (SSI)

Assuming the Judge determines you are disabled and even if you do not have any earned credits from your prior work to qualify for SSDI, you may still be eligible for SSI benefits. SSI is based on financial need. In general, you cannot have property valued over Two Thousand Dollars ($2,000.00) excluding the value of your home. Also, you cannot qualify for SSI if you have over a certain amount of household income. Household income includes the income of all people living in the home. Generally, a couple cannot have over One Thousand Five Hundred Dollars ($1,500.00) per month income. This amount is increased for children in the home and other factors. The amount of benefits may be reduced based on the income of the household and depending on the number of children in the household and living arrangements.

Children under the age of 18 may qualify for SSI benefits if determined disabled. However, the financial need requirements apply. Under SSI, the maximum benefit is about $750 per month for an individual, but the typical beneficiary receives less.

Gloria Rose

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Widow's or Widower's Benefits

When a Social Security beneficiary dies, his or her surviving spouse is eligible for survivor benefits. The amount of their late spouses’ benefit will depend on when they were retired and how long ago the deceased passed away. For example, if the Survivor has reached full retirement age (currently 66) they would collect 100% of their Late Spouse’s Benefit but it could be lower if he/she claimed Benefits before reaching Full Retirement Age (which differs from that used in determining what you get during your own retirement).

Walter Myers

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Adult Child Benefits

Beneficiaries under this program are often called “adult disabled children” because they collect Social Security disability benefits based on their parent’s work record. A disabled adult child can collect SSDI only if a parent, adoptive parent, or stepparent is receiving Social Security retirement or disability benefits (SSDI) – or had earned enough credits before dying to be entitled to one of these benefits. In some cases, a grandchild or stepgrand-child can also be eligible for these rewards as well (if there is no living parent and the grandparent/stepgrandmother are collecting).

Gloria Rose

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