What You Need To Know Before You Apply
The national denial rate is quite high at 65%, one big reason for this is that many people do not get representation until they have been denied.
Many lawyers are partly to blame for this since it is very common for someone looking for a lawyer at application level for their SSDI or SSI claim to be told to "apply and call back when you are denied". Some lawyers(not all) do this because an attorney's fee is based on past due benefits and if the lawyer wins a case at application they feel the fee does not cover the work involved in handling a case at this level.
This approach should be avoided because it is very important that the case be handled properly from the beginning, not only to assure you have the best chance to win at application level, but also to ensure that an application that was not properly done does not come back to haunt you at a later stage in the process. Studies have shown approval rates are much higher at the initial application level.
Find Out If The Law Qualifies You!
SOCIAL SECURITY LAWS & REGULATIONS
This Law and Regulations Finder is designed to assist you in quickly locating some of the most frequently used sections of the SSI Law and Regulations.The General Law Reference Table and the General Regulations Reference Table contain links that will connect you to the Law and Regulations. You can use these links to review all the Law and Regulations documents to search for specific issues or find additional sections by using the topical links.
The Specific Social Security Act References Table has links that connect to specific sections of the Social Security Act (Law).
The Law is general in nature and needs to be paired with the Regulation(s) that provides more specific information.
The remaining tables have links to topical Regulations that may be cited in notices concerning the denial, reduction or suspension of benefits.
More unusual situations will still require searching the Law and Regulations directly to identify the reason for taking an action.
| Basic Law (Table of Contents) | SSI Law (Table of Contents) |
|---|---|
| Social Security Act | Title XVI of the Act |
| SSI (Part 416) | RSDI (Part 404) |
|---|---|
| Table of Contents | Table of Contents |
| Determining Disability and Blindness | Determining Disability and Blindness |
| Eligibility | Section 1611(a) |
|---|---|
| Amount of Benefits | Section 1611(b) |
| Income | Section 1612 |
| Resources | Section 1613 |
NOTE: The following links take you to the first of the series of regulations listed. Use the Next Section link at the top of each page to review the rest of the sections listed. Different sections will apply in different situations.
| Eligibility | 20 CFR 416.200-203 |
|---|---|
| Amount of Benefits, General | 20 CFR 416.401-435 |
| Determination of Benefits; general | 20 CFR 416.420-421 |
| You have too much income | 20 CFR 416.1100 |
|---|---|
| You have too much resources | 20 CFR 416.1205 |
| You do not give us permission to contact financial institutions | 20 CFR 416.207 |
| You do not apply for other benefits | 20 CFR 416.210 |
| You are a resident of a public institution | 20 CFR 416.211 |
| You leave the United States | 20 CFR 416.215 |
NOTE: The following links take you to the first of the series of regulations listed. Use the Next Section link at the top of each page to review the rest of the sections listed. Different sections will apply in different situations.
| General | 20 CFR 416.1100-1104 |
|---|---|
| Earned Income | 20 CFR 416.1110-1112 |
| Unearned Income | 20 CFR 416.1120-1124 |
| In-Kind Support and Maintenance | 20 CFR 416.1130-1148 |
| Deeming of Income | 20 CFR 416.1160-1169 |
| Resources; general | 20 CFR 416.1201 |
|---|---|
| Deeming of resources | 20 CFR 416.1202 |
| Deeming of resources of an essential person | 20 CFR 416.1203 |
| Deeming of resources where Medicaid eligibility is affected | 20 CFR 416.1204a |
| Limitation on resources | 20 CFR 416.1205 |
| Resources determinations | 20 CFR 416.1207 |
| How funds held in financial institution accounts are counted | 20 CFR 416.1208 |
| Exclusion from resources; general | 20 CFR 416.1210 |
| Exclusion of the home | 20 CFR 416.1212 |
| Exclusion of household goods and personal effects | 20 CFR 416.1216 |
| Exclusion of the automobile | 20 CFR 416.1218 |
| Exclusion of life insurance | 20 CFR 416.1230 |
| Burial spaces and certain funds set aside for burial expenses | 20 CFR 416.1231 |
 Code of Federal Regulations for Social Security |
| SSI Home Page -- gateway page |
| Social Security Program Rules -- gateway page |
| SSI Program Operations Manual -- employee instructions |
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