The Disability Law Department focuses on providing legal information to students and community members who have questions about Social Security Disability. With a focus on SSI and SSDI claims, we can be of service in the application process and provide legal information about restrictions that must be met to qualify for benefits. We can assist in appealing applications that have been denied with the possibility to advocate at an Administrative Law Hearing, depending on the individual case. Our services give clients the opportunity to meet the requirements needed to secure the highest possibility of success in their disability claims. We also provide information about accessibility and disability rights to ensure that people are having their needs met. Our goal is to assist people with disabilities in reaching their full potential by providing useful information.
Disclaimer
The Community Legal Information Clinic (CLIC) is an undergraduate law clinic comprised of paralegal interns only. We are not attorneys and cannot provide you legal advice nor legal representation. We are paralegal interns and provide legal information only.
10 Frequently Asked Questions
- Can assistance be provided if I already have a lawyer?
No. CLIC cannot help individuals that already have lawyers. We cannot help those who are already receiving legal advice or representation from another party.
- Can I receive federal and state disability benefits at the same time?
Yes! You can apply for and receive both state and federal disability benefits. However, Social Security may reduce your federal benefits depending on how much you receive from the state. Learn more about disability benefits.
- What are the requirements for applying for Social Security benefits?
The individual applying for benefits must be 18 or older, not already receiving benefits, have a medical impairment that prevents them from working, and their impairment must have lasted or is expected to last for at least a year or until death. Learn more about how someone becomes eligible for disability benefits. View Social Security’s list of impairments and their definitions.
- Can my child file for disability benefits despite being underage?
Yes. Children under the age of 18 can file for SSI disability benefits. The eligibility requirements differ from those of adults. The child must have a medical condition that limits their activities and has either lasted or be expected to last a year or until death. Learn more information on supplemental security income for children.
- How do I apply for disability benefits?
There are a couple of different ways that an individual can apply for Social Security benefits. The first option is by printing out the application form (SSA-16) and turning it into the Social Security office once it’s been completed. Another way is by completing the online application which can be found on Social Security’s website. The third option is to call the Social Security office at 1-800-772-1213 to make an appointment with one of their representatives. Learn more information on the Disability Determination Process.
- How do I know whether to file an application for SSDI or SSI?
The Social Security Disability Insurance (SSDI) is a program that pays benefits to you and family members that fall under an “insured” status. This means if the individual has worked over a long period of time and recently enough, they can be covered.
The Supplemental Security Income (SSI) is a program that pays benefits to an individual(s) that have very limited income and resources. - How long will it take for my application to process?
Applying for disability benefits can be a lengthy process. Once you start your initial application it could last 60 days until a decision about your case is made; however, the exact time depends on how long it takes to get the applicant's medical records and other evidence needed to make a decision.
- What can I do if my disability application is denied by Social Security?
If one’s disability application is denied they could request an appeal in response to their case decision. This shifts from an initial application to a reconsideration. You will have 60 days to file for an appeal and you can file that appeal by using one of the following:
Through the Social Security website
By phone 1-800-772-1213
Or contacting the Social Security Office.
- Do you provide advocacy assistance when going to a hearing?
Yes, we do provide advocacy assistance. This depends on the individual’s disability case and the amount of time that is left until that individual’s hearing takes place. This is to ensure that enough evidence is gathered to maximize the client(s) success rate.
- What can I do if an establishment is not ADA(Americans with Disabilities Act) friendly?
If you or someone else was discriminated against based on a disability, you have the ability to file a complaint. The specific agency to file a complaint with will depend on where the incident of discrimination occurred. Learn more information about filing a complaint.
FAQ Disclaimer
These Frequently Asked Questions (FAQ’s) are used to provide quick accessible information to those who would like to know more about CLIC and about the application/rules for disability benefits. Everyone’s disability claims are unique; therefore, different results may be presented to anyone applying for disability. CLIC is not responsible for any decision that the individual takes while they apply for disability benefits; thus, it is encouraged that the individual pursue help from either our services or from some sort of attorney representation. If one decides to receive assistance from an attorney we will be unable to provide any legal information.