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Social Security Disability

Social Security Income (SSI) and Social Security Disability Insurance (SSDI)

To determine whether you qualify for SSI, SSDI, or both, you must meet the eligibility requirements. To qualify for SSDI, you must have an earnings record, meaning you have accumulated enough credits during your relevant working years. The amount a worker would need to earn to accumulate a credit usually changes from year to year. Generally, a worker will need 40 credits, 20 of which must have been earned in the last 10 years from the date you became disabled or allege disability. For those who worked consistently (without gaps) this means that they must prove disability within 5 years from when they stopped working. SSA has termed this date as the Date Last Insured (DLI), meaning the date when the workers credits "expire". The worker must be found disabled as of or prior to his DLI in order to be eligible for SSDI.

To qualify for SSI you do not need to an earnings record. In order to qualify financially, you have to prove that you do not have more than the maximum amount of resources or income. In 2016, an individual claimant cannot have more than $2,000 and a couple cannot have more than $3,000 in resources. Generally, the income limit for SSI is the Federal Benefit Rate (FBR), which is $733 per month for an individual and $1,100 for a couple in 2016. Thus, an individual cannot have more than $733 in countable income per month. Social Security only counts some income when it determines whether your income falls under the SSI income limit.

For both SSI and SSDI, once either the financial or work credit requirements are met, both types of benefits will be evaluated the same to determine medical eligibility. In order to be considered "disabled" a worker must:

  • Not be able to perform the same work they did before;
  • Receive a determination from the Social Security Administration stating they cannot adjust to other work due to their medical conditions(s); and
  • Have a disability that must be expected to last for at least one year or result in death.

We can help you ascertain whether you have met the financial and medical eligibility requirements for SSI and/or SSDI.

How Can An Attorney Help?

We want your case to be presented to Social Security in the best possible position in order to win your benefits. This includes assisting you with completing required Social Security Administration forms, requesting medical records to support your disability, reviewing your medical records to assess how to present your case in the most favorable light, requesting a statement from your doctor to support your inability to work, representing you at a hearing before an Administrative Law Judge, cross-examining vocational experts, and ensuring that SSA calculates your benefits correctly.

Applying for Social Security benefits can be a tedious and frustrating process. Should an attorney assist you with this process, they are only paid if there are past-due benefits owed to you and the attorney's fee is approved through Social Security. It is usually either 25% or a maximum of $6,000.

To schedule a free consultation with an attorney, please submit a Case Evaluation Request Form or contact Berman, Sobin, Gross, Feldman & Darby today at 301-670-7030 or 800-248-3352.

Visit our blog on Social Security Disability

What Our Clients Say

Known for our unwavering commitment to clients, for our integrity, and for delivering the best results, our clients continue to refer their friends, families and neighbors to us for their legal needs.

"One year ago today I made the call to your office. The best decision I could make. I wanted to share with you how impressed I am with your staff and your professionalism."

Heather P.

"Craig did a great job representing me! He's the lawyer I have trusted with my legal needs because he's professional, knowledgeable, and keeps me informed about my case."

Jaclyn K.

" wanted to thank you, in writing, for your kindness and prompt response. Customer service is a dying art, and you gave me hope for my family."


"I would like to express my gratitude for your efforts and dedication for my disability case. It's has been quite a long and upsetting process but you have handled my case in an extremely competent and responsible manner."

Leo H.

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"I received the check today. I could not believe it until I saw the check. Thank you so much. You have improved my family's quality of life tenfold."

Mike F.

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Mike W.

"I would like to express my thanks to Amanda Knott and Gretchen Rogers for their patience with me through my ordeal with my workers comp claim. I was impressed from the very beginning when I spoke with G. Rogers on the phone and although she did not have to, she met with me personally and walked me through the steps of what to expect in this process."

Mr Sagal

"You have been kind throughout this process and I appreciate your professionalism as well as your gentle concern. Thanks for helping us and all the others who need your legal expertise. We are grateful."

Nancy F.

"Thanks to Mr. Shultz's aggressive and professional work ethic style I was able to receive the medical services and compensation pertaining to my case."

Navdeep C.

"I can honestly say this firm is simply TOP NOTCH! They not only have handled countless cases for my members that require their services, they also have gone well beyond their "scope" to help some of my folks in other areas of need. "

Rick H.

"I wanted to compliment your law firm on having Amanda Knott as a paralegal. She worked tirelessly for almost 2 years making sure I understood what was happening and at the same time keeping all my records straight and in order, which allowed Gretchen Rogers to represent me in the best way possibl"

Terrye G

"The attention and professional care the staff has taken toward my needs has always been excellent. I have no complaints nor worries that my issues discussed are not addressed."

Tim T.

"I just got off the phone with Craig and let him know how thankful we are to you, him and Ken for all your efforts – you are all really terrific to work with!"

Val K.

Locations Throughout Maryland & Washington DC

Gaithersburg Office

481 N. Frederick Avenue, Suite 300
Gaithersburg, MD 20877
301-670-7030 / 800-248-3352
Fax: 301-670-9492

Lutherville Office

1301 York Road, Suite 600
Lutherville, MD 21093
410-769-5400 / 800-248-3352
Fax: 410-769-9200

Frederick Office

30 W. Patrick Street, Suite 105
Frederick, MD 21701
301-668-2100 / 800-827-2667
Fax: 301-668-2000