Practice Area

Social Security Disability

Most SSDI and SSI claims are denied the first time. Here's how the process actually works, and how we help build a stronger case.

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Social Security Disability

SSDI and SSI claims are denied more often than they're approved on first application — usually over paperwork gaps or medical documentation that doesn't clearly connect your condition to the SSA's criteria, not because the underlying disability isn't real.

We handle initial applications, but we're especially useful at the reconsideration and hearing stages, where a well-prepared record and an attorney who can question the vocational expert make a real difference. We represent disability claimants statewide throughout Florida, including hearings/trials before Administrative Law Judges outside Palm Beach County. Michael Stauder Jr. has handled dozens of SSD hearings/trials before Administrative Law Judges, along with successful appeals before the Social Security Appeals Council.

Common situations we handle

Initial applications · Reconsideration appeals · Hearings before an Administrative Law Judge · Medical record development · Denied SSDI or SSI claims

Federal rules you should know

  • SSDI vs. SSI: SSDI is based on your work history and Social Security taxes paid; SSI is a needs-based program regardless of work history. The medical standard for "disabled" is identical for both — only the non-medical eligibility rules differ.
  • The 5-step sequential evaluation: the SSA decides every claim through the same five questions — are you working above the substantial gainful activity limit; is your condition "severe"; does it meet or equal a listed impairment; can you still do your past work; and can you adjust to other work in the national economy.
  • 60-day appeal window: if your claim is denied, you generally have 60 days from the date on the denial letter to file an appeal (plus a few days allowed for mailing) — missing it usually means starting the application over from scratch.
  • Approval often comes later: a first-round denial is common; many claims that are ultimately approved were denied at least once and succeeded at reconsideration or an ALJ hearing.

Social Security Disability — Frequently Asked Questions

Why was my claim denied?
The most common reasons are insufficient medical evidence connecting your condition to the SSA's criteria, earning above the substantial gainful activity limit, or a gap in treatment that made the condition look less severe on paper than it is in daily life. A denial doesn't mean the underlying disability isn't real.
How long does the process take?
Initial decisions often take several months. If denied and appealed, reconsideration and a hearing before an Administrative Law Judge can add a year or more, depending on the backlog in your region — which is exactly why building a strong record from the start matters.
What happens at a disability hearing?
An Administrative Law Judge reviews your case fresh, can consider new medical evidence, and hears testimony from you and often a vocational expert about what kinds of work your limitations would allow. This is where having an attorney who can question the vocational expert directly tends to matter most.
Can I work at all while receiving benefits?
There are specific rules around trial work periods and income limits that allow some work without immediately losing benefits, but they're technical and easy to get wrong — worth confirming your specific numbers before you start any work while on claim or on benefits.
What does it cost to hire an attorney for a disability claim?
Social Security disability attorney fees are regulated by federal law and are contingency-based — generally a percentage of past-due benefits recovered, subject to a cap, and only owed if your claim is approved.

Relevant links

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