Social Security Disability

Social Security Disability is for persons who cannot work because of injury or illness.

Social Security Disability Insurance (SSDI) benefits are for persons who have paid enough Social Security taxes into the system and pay benefits regardless of your financial situation. Supplemental Security Income (SSI) is for persons who are poor and disabled. Social Security Disability comes with Medicare coverage after two years. SSI comes with Medical Assistance right away.

The concept is good, but the reality is not. The standard for proving disability is very rigorous. How this is determined is controlled by a thick book of statutes and regulations, hundreds of Social Security Rulings, and thousands of reported federal court decisions. Most persons are denied twice and have to go to a hearing.

You need an advocate and Social Security’s own statistics show that your chances of prevailing are much better if you are represented than if you are not. You need to be represented by someone who knows Social Security law and regulations and who has extensive hearing experience. Mitch Lambros has that experience. He has obtained Social Security Disability for over 1,700 clients and has appeared at more than a thousand hearings before Administrative Law Judges.

SSDI and SSI: What Is the Difference?

SSDI is an insurance program. You must have worked long enough, and recently enough, in jobs that paid Social Security taxes. Your monthly benefit is based on your earnings record, not on your income or savings. There is a five-month waiting period before benefits begin, and Medicare coverage generally starts after 24 months of entitlement.
SSI is a needs-based program for people with limited income and resources. It does not require a work history. In Maryland, SSI recipients receive Medical Assistance (Medicaid).

Some people qualify for both. We can help you figure out which program fits your situation.

How Social Security Decides Disability

Social Security uses a five-step process. It asks whether you are working above the “substantial gainful activity” earnings limit (which changes every year); whether your condition is severe; whether it meets or equals a listed impairment; whether you can do your past work; and whether you can do any other work in the national economy. At the last steps, your age, education and work experience matter a great deal, and the rules are often more favorable to people age 50 and older. Your condition must have lasted, or be expected to last, at least 12 months or to result in death.

The Appeals Process

Initial application: reviewed by Maryland’s Disability Determination Services.
Reconsideration: if denied, you have 60 days to ask for reconsideration.
Hearing: if denied again, you have 60 days to request a hearing before an Administrative Law Judge. This is where many cases are won.
Appeals Council and federal court: further review is available if the judge denies the claim.

Filing a new application instead of appealing can cost you months of back benefits, so it is usually better to appeal on time.

Conditions That Can Qualify

Social Security looks at how your conditions limit your ability to work, not only at the diagnosis. We help people with many kinds of impairments, including:

Back and neck disorders, arthritis and joint problems
Heart disease, COPD and other breathing disorders
Cancer and the effects of treatment
Diabetes, neuropathy and kidney disease
Multiple sclerosis, seizures, stroke and other neurological conditions
Depression, anxiety, bipolar disorder, PTSD and other mental health conditions
Chronic pain and fatigue conditions

Often it is the combination of several conditions that prevents work, and the law requires Social Security to consider all of them together.

What to Expect at Your Hearing

Hearings before an Administrative Law Judge are informal compared with a courtroom trial. The judge will ask about your health, your treatment, your daily activities and your past work. A vocational expert is often present to testify about what jobs someone with your limitations could do. Cross-examining that expert can be critical, and it is one of the most important things a representative does. We meet with you before the hearing so you know what to expect and are ready to tell the judge your story.

Evidence That Wins Cases

Medical records alone are rarely enough. Strong cases include opinions from treating doctors that explain specific limitations — how long you can sit, stand and walk, how much you can lift, how often you need breaks, and how pain, fatigue or mental health symptoms affect concentration. We work with your doctors to obtain this evidence and prepare you for what the judge will ask at the hearing.

There are many myths about Social Security Disability that are not true. Get the facts. [Myths About Social Security].

Can You Afford Representation?

Yes. No attorney is owed anything unless the case is successful, and then the fee is limited to 25% of the past-due benefits owed to you, with no fee owed on any future payments made to you. Under current Social Security rules, the fee generally cannot be more than $9,200 (the limit in effect since November 30, 2024), and it must be approved by the Social Security Administration.

Frequently Asked Questions

Can I work while I apply? Limited work may be possible, but earnings above the substantial gainful activity limit can end a claim. Talk with us before taking or keeping a job.

How long does it take? It varies. Initial decisions often take several months, and waiting times for hearings can be much longer. Filing appeals on time and submitting strong evidence early helps avoid delays.

What if my illness makes it hard to leave home? We make house calls. Many of our disability clients meet with us at home.

Related: if your disability was caused by an on-the-job injury, see workers’ compensation. If it was caused by someone else’s carelessness, you may also have a personal injury claim.

So, please, if you or someone you care about is disabled from work, contact us or call 410-666-2200 so that we can help.