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Oliver Fischer

Trying to file for SSDI again after getting SSI approval - Why won't attorneys help me?

I'm currently receiving SSI benefits of $523 per month, but my medical condition has worsened and I believe I now qualify for SSDI which would give me higher payments. After being denied SSDI twice before, I was eventually approved for the lower SSI amount about 8 months ago. I decided this time I should get an attorney for my new SSDI application, but I've contacted six different disability lawyers and they ALL refuse to take my case! They keep saying that since I'm already getting SSI, they can't or won't help me with SSDI. This makes absolutely no sense to me - aren't these completely different programs? I thought SSI was needs-based while SSDI is based on work credits. Why would getting SSI disqualify me from legal help for SSDI? Has anyone successfully gone from SSI to SSDI with an attorney's help? Or know one who will actually take my case?

most lawyers wont take ur case bc they get paid from backpay and if ur already gettin ssi theres not much backpay to get. its not worth there time sorry.

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But wouldn't there still be backpay from the difference between SSI and SSDI? My SSDI would be at least $300 more per month than what I get from SSI!

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There are a few important things to understand here: 1. You're correct that SSI and SSDI are different programs. SSI is needs-based while SSDI requires work credits. 2. The issue isn't that you can't apply for SSDI while on SSI - you absolutely can if you have enough work credits. 3. The reason attorneys are declining is financial. Disability attorneys typically receive 25% of your backpay (capped at $7,000). Since you're already receiving SSI, any SSDI award would be offset by your SSI payments when calculating backpay, significantly reducing their potential fee. 4. However, if your SSDI monthly benefit would be substantially higher than your current SSI, some attorneys might still consider it worthwhile. My advice: Be explicit about your potential SSDI benefit amount when contacting attorneys. The Social Security Administration can give you an estimate of your SSDI benefit. If it's significantly higher than your SSI, mention this specifically to attorneys.

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Thank you for explaining this! I had no idea about the offset. I just checked my MySocialSecurity account and my estimated SSDI benefit would be around $950/month. That's a lot more than my current SSI. Should I include this specific amount when I contact attorneys?

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Emma Davis

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i went thru something similar!!!! was on SSI then tried for SSDI. the trick is to apply yourself first, get denied, THEN find a lawyer for the appeal. they're more interested when you've already started the process. also try smaller local law firms not the big ones with TV commercials they're pickier.

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This is good advice. At the appeal stage, particularly if you've been denied at the initial application phase, attorneys may see more potential value in your case. The key is demonstrating that your SSDI benefit would be significantly higher than your current SSI payment.

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GalaxyGlider

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The whole system is RIGGED against us! Lawyers only care about BIG PAYDAYS not helping disabled folks who need it. I tried going from SSI to SSDI too and got nowhere because my backpay wouldn't be enough to buy them a new BMW. Meanwhile we struggle to survive on pennies while the government makes it IMPOSSIBLE to navigate their systems without help. The lawyers and SSA are basically working together to keep us poor and desperate!

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While I understand your frustration, it's not entirely accurate to say lawyers and SSA are working together. Attorneys are running businesses and need to make financial decisions. But I agree the system is frustratingly complex to navigate alone.

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I was in your exact situation last year. I had been on SSI for almost 2 years when I finally found an attorney to help with my SSDI case. The key was showing documentation that my SSDI benefit would be substantially higher than my SSI payment. I also had to prove that I had enough work credits before my disability onset date. What worked for me was calling disability attorneys and specifically explaining the potential backpay amount based on the difference between the two benefits. I also had to try about 8-9 different attorneys before finding one willing to help. By the way, have you tried using Claimyr to get through to an actual SSA agent? I couldn't get any straight answers until I used their service at claimyr.com to connect with a real person at Social Security who explained exactly what documentation I needed for my specific situation. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU - saved me hours of hold time and disconnected calls.

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Thank you so much for sharing your experience! That gives me hope. I haven't heard of Claimyr before but I'll definitely check it out. I've been trying to get through to SSA for weeks with no luck. I need to find out exactly what my SSDI benefit would be so I can use that information with attorneys.

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There's a strategic approach you can take here. Focus on these key points: 1. Calculate the exact difference between your potential SSDI benefit and current SSI payment 2. Determine when your disability actually began (onset date) - this affects backpay 3. Gather all medical evidence showing your condition has worsened 4. Look for attorneys specializing in SSI-to-SSDI conversions (not all attorneys advertise this) The window for potential backpay is 12 months prior to your application date (for SSDI) minus any months you've already received SSI. This is the calculation attorneys use to determine if your case is financially viable for them. One more critical point: if you're approved for SSDI and it's higher than your SSI, you may qualify for Concurrent Benefits (receiving both with the SSI reduced).

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Thank you for laying this out so clearly. I'm realizing there's so much more strategy involved than I thought. I'm going to work on gathering all these details before contacting more attorneys. Do you think I should apply on my own first as someone else suggested?

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my cousin got ssi then ssdi later but he did it himself no lawyer. its possible just gotta fill out all the papers right and have good medical stuff.

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That's true, you can definitely apply without an attorney. Just make sure your medical documentation is thorough and clearly shows how your condition meets a disability listing or prevents you from working.

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Update: I wanted to thank everyone for their advice! I was able to get through to SSA using Claimyr (thanks for that tip!) and confirmed my SSDI benefit would be $972/month - much higher than my current SSI. The agent also explained that because I have more work credits now than when I first applied, my case might be stronger. I'm going to apply on my own first as suggested, and then look for an attorney for the appeal if needed. I'll specifically mention the benefit amount difference when talking to attorneys. Really appreciate all your help!

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Great update! Glad you were able to get through to SSA and get the information you needed. That's a significant difference in benefit amounts, which should definitely help when approaching attorneys. Best of luck with your application!

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