Why You Need a Social Security Attorney for SSI and SSDI in 2026

According to a reputable private nonprofit organization, USAFacts, there were about 45.8 million people in the US with a disability as of 2024. The Social Security Administration receives around 2 million new disability benefit applications each year for SSDI and SSI combined.

On average, 68% of the disability claims are denied, a clear indication that applying for and getting a claim approved isn’t simple. From understanding eligibility to filing the application to appealing a denial, the entire process can be overwhelming for applicants.

The following table shows the most common reasons behind denials:

Medical Reasons	Condition doesn’t meet SSA’s disability definition Lack of medical evidence Medical exams don’t support severity Failure to follow treatment plans
Technical/Non-medical Reasons	Incomplete application Missed deadlines Income too high (SSI) Not enough work credits (SSDI)
Eligibility Issues	Still capable of “other work” Condition not expected to last 12 months
Process Failures	Failure to attend consultative exams Poor medical consistency Contradictory records Lack of functional limitations documentation

Table 1: Reasons behind disability benefits application denials

The Backlog of Applications

While the initial claims backlog was reduced to roughly 940,000 in July 2025, down from 1.2 million, it still delays the approval of your application, as shown in the table.

Stage	No of Pending Applications	Average Wait Time (days)
Initial Claims	940,000 (as of late 2025)	193–204
Reconsideration	~200,000+	231
ALJ Hearings	~276,000	263–342

 

Number of Social Security Disability Beneficiaries

1. Number of people receiving Social Security, SSI, or both, September 2025 (in thousands)

Type of Beneficiary	Total (thousands)	Social Security Only (thousands)	SSI Only (thousands)	Both Social Security and SSI (thousands)
All Beneficiaries	74,656	67,219	4,873	2,564
Aged 65 or Older	57,931	55,422	1,081	1,427
Disabled, Under Age 65 a	11,177	6,249	3,791	1,137
Other b	5,548	5,548	. . .	. . .

Source: https://www.ssa.gov/policy/docs/quickfacts/stat_snapshot/2025-09.pdf

2. Social Security benefits, September 2025

Social Security benefits, September 2025

Type of Beneficiary	Beneficiaries (thousands)	Percent	Total Monthly Benefits (millions of dollars)	Average Monthly Benefit (dollars)
Total	70,195	100.0	$130,971	$1,865.81
Old-Age and Survivors Insurance	62,048	88.4	$119,178	$1,920.73
Retirement benefits	56,214	80.1	$109,986	$1,956.55
Retired workers	53,411	76.1	$107,330	$2,009.50
Spouses of retired workers	2,077	3.0	$1,984	$955.18
Children of retired workers	726	1.0	$672	$925.64
Survivor benefits	5,834	8.3	$9,192	$1,575.61
Children of deceased workers	2,016	2.9	$2,295	$1,138.73
Widowed mothers and fathers	100	0.1	$133	$1,334.31
Nondisabled widow(er)s	3,525	5.0	$6,578	$1,866.20
Disabled widow(er)s	193	0.3	$184	$954.95
Parents of deceased workers	1	(L)	$1	$1,696.09
Disability Insurance	8,147	11.6	$11,793	$1,447.56
Disabled workers	7,113	10.1	$11,271	$1,584.46
Spouses of disabled workers	88	0.1	$39	$446.93
Children of disabled workers	945	1.3	$483	$510.82

(L) indicates a value too low to be significant.

Source: https://www.ssa.gov/policy/docs/quickfacts/stat_snapshot/2025-09.html#:~:text=Social%20Security%20benefits%2C%20September%C2%A02025

3. Supplemental Security Income recipients, September 2025

Age Group	Recipients (thousands)	Percent	Total Payments (millions)	Average Monthly Payment
All Recipients	7,437	100.0	$5,751	$717.20
Under 18	1,018	13.7	$955	$844.06
18–64	3,910	52.6	$3,284	$763.76
65 or Older	2,509	33.7	$1,511	$594.38

Source: https://www.ssa.gov/policy/docs/quickfacts/stat_snapshot/2025-09.html#:~:text=Supplemental%20Security%20Income%20recipients%2C%20September%C2%A02025

Who Is a Social Security Attorney?

Given the denial and backlog, you should hire a social security benefits lawyer who is familiar with the rules and regulations. They not only know how to navigate the system but also collect the required evidence and documents. Accurate information increases your chances of success. Social Security lawyers assist applicants at different stages of the application process – from initial application to hearing before an administrative law judge.

If your application is denied, a lawyer for social security disability can help you apply again.

Types of Social Security Benefits

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You can get the following four types of Social Security benefits:

• Retirement Benefits
• Supplemental Security Income
• Social Security Disability Insurance
• Benefits for spouses and other survivors of a deceased family member

A Social Security benefits lawyer can help you apply for the benefits for which you are most eligible.

SSDI or SSI – Which One Works Best for You?

The Social Security Administration manages both the benefit programs:

• Supplemental Security Income
• Social Security Disability Insurance

Social Security disability lawyers will review your case first to determine which program is the best match for your situation and circumstances.

SSDI

The program is designed for people with a strong work history, those who have paid into the Social Security system for years and have managed to accumulate a sufficient number of work credits.

Usually, it means the applicant should have worked for about 5 to 10 years in a job covered by Social Security before becoming disabled.

The level of household income and the applicant’s net worth do not affect their eligibility for SSDI.

SSI

It is a need-based program. To be eligible, the candidate must have a very low monthly income and personal assets.

For individuals, the limit on personal assets is $2,000; for couples, it is $3,000.

In 2026, you can generally earn up to roughly $2,073 per month (gross) and still qualify for a small SSI payment.

The following table shows 2026 monthly benefit amounts:

Individual	$994
Couple	$1,491
Essential Person	$498

In most cases, if you receive SSI, you also qualify for Medicaid.

What to Do After Your SSDI Claim Gets Denied?

If your initial SSDI or SSI claim gets denied, here is what you can do –

1. File for a Reconsideration

You can file a reconsideration with the help of a Social Security benefits attorney within 60 days of the initial claim denial. This is a request to have your claim reviewed by someone other than the person who initially reviewed it.

2. Request a Hearing

If the reconsideration is unsuccessful, you can request a hearing with an administrative law judge(ALJ). This must be done within 60 days of receiving the denial of the reconsideration.

3. Appeal the Decision

You can appeal the ALJ’s decision to the Social Security Administration Appeals Council.

If your claim is denied, you can file a lawsuit in the civil court. A Social Security appeal attorney can help you understand and follow the process for favorable outcomes.

Why Choose Nationwide Disability Representatives

Here at Nationwide Disability Representatives, our lawyers for social security benefits have been helping individuals for more than thirty years with a deep understanding of the law and the claim process.

We prepare the required documents and file applications accurately to help reduce your chances of denial.

From the beginning, we will be with you to help reduce your chances of denial. If your Social Security Disability claim has been denied, we can take your case to court to help you win. We help you with:

• Determining Eligibility
• Applying for the Benefits
• Appealing a Denial
• Social Security Appeal
• Long-Term Disability

Frequently Asked Questions

1. Can you collect disability and Social Security at the same time?

Yes, you can collect both disability and Social Security benefits simultaneously, but the specifics depend on the type of benefit.

If you are referring to Social Security Disability Insurance, you can receive SSDI benefits while receiving Social Security retirement benefits once you reach retirement age.

2. What are the three ways you can lose your Social Security?

You can lose your Social Security benefits for the following three reasons:

1. Earnings Exceeding Limits
2. Failure to report changes
3. Ineligibility or fraud

3. Do I need a lawyer for help with Social Security Issues?

A lawyer for Social Security can be beneficial, especially if your case is complex or you are facing a denial.

4. How long does it take to get approved?

You can expect the first decision within 190 to 230 days. Reconsideration after denial may take 6 to 8 months. If your second appeal is denied, an ALJ hearing can take from 9 to 15 months.