Facts to know when applying for Social Security Disability benefits

By Harry A. Oxner, Partner
Oxner & Stacy Law Firm

In my 30 years as a personal injury lawyer, I understand how overwhelming it can be for clients applying for Social Security Disability (SSD) benefits or Supplemental Security Income (SSI). Most applications are initially denied, leaving people wondering how long the appeal process will take, what factors can improve their approval chances, and what attorney fees to expect.

If you’re considering filing – or appealing – a Social Security disability claim, here is some basic information you should be aware of before you start the process.

How Long Does it Take to Get a Disability Hearing After Denial?

If your disability application is denied, you can request a Reconsideration. If that’s denied, too, the next step is a hearing before an Administrative Law Judge (ALJ).

• On average, it takes 12–24 months after filing your appeal to get a hearing.
• Wait times may vary depending on where you live and the Social Security office’s backlog of cases.
• Having an experienced disability attorney can help ensure your medical records and testimony are prepared so you are prepared and ready when your case is finally heard.

Best Age for Social Security Disability Approval

While medical evidence is the most important factor, your age plays a significant role in whether you qualify for benefits:

• Under 50: You’ll need to prove your condition prevents all types of work.
• Ages 50–54: Rules become more favorable, especially if retraining for new work would be difficult.
• Ages 55 and older: Approval rates increase significantly because Social Security recognizes the difficulty of adjusting to new employment at this stage of life.

Bottom line: The older you are, the easier it becomes to meet the Social Security Administration’s criteria—but one thing is true regardless of your age. Solid medical documentation is crucial at every age.

 Social Security Disability Attorney Fees Explained

One of the biggest concerns I hear from clients is concerns about cost. The good news is you don’t pay anything up front for legal representation.

• Attorney fees are contingency-based, meaning you only pay if you win.
• Fees are capped at 25% of your backpay, up to $9,200 (as set by the SSA).
• If you don’t win, you owe nothing for attorney fees.

This makes it possible for anyone to get quality legal help for their disability claim.

At Oxner & Stacy, we’ve helped countless people in South Carolina successfully secure their disability benefits. We handle everything—from gathering medical evidence to preparing you for your hearing—so you can focus on your health.

If you’re considering filing for Social Security Disability benefits, I encourage you to set up a free consultation to evaluate your situation and provide information about how our firm will help you get the benefits you deserve.

Harry A. Oxner specializes in personal injury cases, including workers compensation, car and truck accidents, medical malpractice, Social Security Disability and construction law.