# Social Security disability lawyers > Social Security disability sits alongside the firm’s workers’ compensation work, and the two can meet: someone hurt badly enough that returning to work is no longer realistic may need both. Jeremy Hader handles these matters. Canonical page: https://www.taddalaw.com/practice-areas/social-security-disability/ Social Security disability sits alongside the firm’s workers’ compensation work, and the two can meet: someone hurt badly enough that returning to work is no longer realistic may need both. Jeremy Hader handles these matters. The Tadda Law Firm handles Social Security disability matters as part of its workers’ compensation and disability practice. Jeremy Hader, admitted in Louisiana since 2006, lists Social Security disability among his practice areas. ## What Social Security means by disabled The definition is narrower than most people expect. Under [20 CFR 404.1505](https://www.ecfr.gov/current/title-20/chapter-III/part-404/subpart-P/section-404.1505), disability means being unable to do any substantial gainful activity because of a medically determinable physical or mental impairment that is expected to result in death or has lasted, or is expected to last, at least 12 months. In practice that means showing you cannot do the work you did before, and cannot do other work that exists in the national economy given your age, education, and work experience. A condition can be serious and genuine and still not meet that test, which is why the medical evidence has to address work, not only diagnosis. ## SSDI and SSI are two different programs Social Security Disability Insurance is based on your work history. To qualify you need enough Social Security earnings to be insured for disability, as described in [20 CFR 404.315](https://www.ecfr.gov/current/title-20/chapter-III/part-404/subpart-D/section-404.315). Supplemental Security Income is a separate program based on financial need. SSDI also has a waiting period: benefits are not paid until you have been disabled for five full consecutive months, with limited exceptions. Knowing which program applies, and when the waiting period started, is part of the first conversation. ## Most of the work happens on appeal A denial is not the end of a claim. The Social Security review process runs in a set order, described in [20 CFR 404.900](https://www.ecfr.gov/current/title-20/chapter-III/part-404/subpart-J/section-404.900), and each step has its own deadline. The first deadline is the one that catches people. A request for reconsideration must be filed within 60 days of receiving the denial notice, and Social Security treats the notice as received five days after the date printed on it unless you show otherwise. Each later decision comes with its own notice and its own deadline. Missing one generally means starting over. ### The steps of a Social Security disability claim | Step | Who decides | Note | | --- | --- | --- | | Initial determination | Social Security | The first decision on the application | | Reconsideration | Social Security, reviewing the file again | Request within 60 days of receiving the notice ([20 CFR 404.909](https://www.ecfr.gov/current/title-20/chapter-III/part-404/subpart-J/section-404.909)) | | Hearing | An administrative law judge | Requested after an unfavorable reconsideration | | Appeals Council review | The Appeals Council | Requested after an unfavorable hearing decision | | Federal court | A federal district court | Available after the steps above are complete | The order of steps is set by [20 CFR 404.900](https://www.ecfr.gov/current/title-20/chapter-III/part-404/subpart-J/section-404.900). Each decision notice states its own deadline for the next step. ## When you also have a workers’ compensation claim This is where Social Security disability meets the rest of the firm’s work. Someone hurt on the job can be receiving [workers’ compensation](https://www.taddalaw.com/workers-compensation-lawyer-baton-rouge/) and also apply for Social Security disability, and the two programs interact. Louisiana addresses it directly. Under [La. R.S. 23:1225(A)](https://legis.la.gov/Legis/Law.aspx?d=83451), workers’ compensation benefits for permanent total disability are reduced when the person is also receiving federal disability benefits, but only to the extent the combined benefits would otherwise cause the federal benefit to be reduced. How that works out depends on which compensation benefit is being paid and on the numbers, which is exactly why the two claims should be looked at together rather than by two different offices. A settlement of the compensation claim can affect the disability benefit as well, so it belongs in the same conversation. The firm’s [Baton Rouge workers’ compensation page](https://www.taddalaw.com/workers-compensation-lawyer-baton-rouge/) covers the compensation side in detail. ## The medical record decides it here too As with every claim this firm handles, the proof runs through the medical record. Consistent treatment matters, and so does a treating physician who records not only the diagnosis but what it stops you from doing: how long you can sit or stand, what you can lift, whether you can keep a regular schedule. A file that says what is wrong but not what it prevents leaves room to conclude that some work is still possible. The same point comes up in serious injury claims, and the firm’s [serious injuries page](https://www.taddalaw.com/practice-areas/specific-injuries/) explains why. ## How fees work in Social Security cases Fees for representing someone before Social Security are regulated. Under [20 CFR 404.1720](https://www.ecfr.gov/current/title-20/chapter-III/part-404/subpart-R/section-404.1720), a representative may charge only a fee Social Security authorizes, and the approved fee is paid out of past-due benefits. Under the fee agreement process in 42 U.S.C. 406(a)(2)(A), the fee cannot exceed the lesser of 25 percent of past-due benefits or a dollar cap, which Social Security set at $9,200 effective November 30, 2024. The fee is discussed at the first meeting, before anything is signed. ## Jeremy Hader handles Social Security disability matters. Jeremy has been admitted in Louisiana since 2006. His practice areas include Social Security disability, workers’ compensation, and insurance law, which is the combination these claims tend to need. - [Jeremy Steven Hader](https://www.taddalaw.com/attorneys/jeremy-steven-hader/), Attorney ## Common questions ### What counts as a disability for Social Security? Being unable to do any substantial gainful activity because of a medically determinable physical or mental impairment that is expected to result in death or has lasted, or is expected to last, at least 12 months. That is the definition in 20 CFR 404.1505. It means showing you cannot do your past work or other work in the national economy, given your age, education, and experience. ### What is the difference between SSDI and SSI? SSDI, Social Security Disability Insurance, is based on your work history: you need enough Social Security earnings to be insured for disability. SSI, Supplemental Security Income, is a separate program based on financial need. Some people qualify for one, some for both, and knowing which applies shapes the whole claim. ### My disability claim was denied. What now? Ask for reconsideration, and do it quickly. Under 20 CFR 404.909 the request must be filed within 60 days of receiving the denial notice, and Social Security treats the notice as received five days after its date. After reconsideration come a hearing before an administrative law judge, Appeals Council review, and federal court, each with its own deadline. ### Can I get Social Security disability and workers’ compensation at the same time? Yes, but the two interact. Under La. R.S. 23:1225(A), Louisiana reduces workers’ compensation benefits for permanent total disability when the person also receives federal disability benefits, to the extent the combined benefits would otherwise reduce the federal benefit. How it works out depends on which benefits are paid, so the two claims should be looked at together. ### How long do I have to wait for SSDI benefits? Under 20 CFR 404.315, SSDI benefits are not paid until you have been disabled for five full consecutive months, with limited exceptions. The waiting period starts in a month when you were both insured for disability and disabled, and it cannot begin earlier than the 17th month before the month you apply. ### How much does a Social Security disability lawyer cost? Fees are regulated. Social Security must authorize the fee, and under the fee agreement process in 42 U.S.C. 406(a)(2)(A) it cannot exceed the lesser of 25 percent of past-due benefits or the dollar cap, set at $9,200 effective November 30, 2024. The approved fee is paid from past-due benefits. It is discussed at the first meeting. ## Sources - [20 CFR 404.1505, basic definition of disability](https://www.ecfr.gov/current/title-20/chapter-III/part-404/subpart-P/section-404.1505): The 12 month, substantial gainful activity definition. - [20 CFR 404.909, requesting reconsideration](https://www.ecfr.gov/current/title-20/chapter-III/part-404/subpart-J/section-404.909): The 60 day deadline after a denial. - [La. R.S. 23:1225, reductions when other benefits are payable](https://legis.la.gov/Legis/Law.aspx?d=83451): How Louisiana workers’ compensation interacts with federal disability benefits. - [Federal Register, maximum dollar limit in the fee agreement process](https://www.federalregister.gov/documents/2024/05/10/2024-10248/maximum-dollar-limit-in-the-fee-agreement-process): The $9,200 fee cap, effective November 30, 2024. ## Contact - Firm: The Tadda Law Firm - Address: 4660 O'Neal Lane, Suite A, Baton Rouge, LA 70817 - Phone: (225) 756-0007 (accepts calls and texts) - Toll free: (800) 487-5562 - Email: info@taddalaw.com - Hours: Monday to Friday 08:00 to 17:00. Saturday and Sunday closed. - Consultations: Free same-day consultations, one on one with an attorney. - Google rating: 5.0 from 311 reviews. --- This page is general information, not legal advice. Reading it does not create an attorney client relationship. Past results do not guarantee or predict a similar outcome in any future case.