Top 10 Questions Answered by a San Diego SSDI Attorney
(San Diego, CA – December 2025) Navigating the Social Security Disability (SSD) process can feel overwhelming, complex, and frustrating—especially when you are already dealing with a serious medical condition. Most people applying for benefits have the same core questions, and seeking reliable answers is the first step toward a successful claim.
The Law Office of Craig A. Fahey has over 25 years of experience helping clients in San Diego and Southern California secure the benefits they deserve. They understand the system's complexities and are ready to provide the clear, authoritative guidance you need. Attorney Fahey's team is uniquely positioned to understand exactly how the system works locally. If you are looking for an experienced SSDI attorney, their office is ready to help.
Here are the top 10 questions people ask about Social Security Disability, answered in depth by the experienced team at the Law Office of Craig A. Fahey.
The 10 Most Common Social Security Disability Questions
What is the difference between SSDI and SSI?
This is the most common point of confusion and often the reason people file the wrong application. Social Security Disability Insurance (SSDI) is an insurance program. To qualify, you must have worked long enough and recently enough to have paid Social Security (FICA) taxes. The benefits you receive are based on your lifetime average earnings. There are no limits on your assets (savings, property, etc.), but your income must be below the Substantial Gainful Activity (SGA) limit.
Supplemental Security Income (SSI) is a needs-based program for disabled individuals who have little to no work history and very limited income and assets (generally under $2,000 for an individual). While SSI is paid out by the SSA, it is funded by general U.S. tax revenues, not the Social Security trust fund. If you believe you qualify for SSI, consulting with an SSI lawyer is a wise first step.
It is possible to receive concurrent benefits—a combination of both—if your SSDI benefit amount is very low, but you still meet the SSI financial criteria. Their attorneys can help determine which program, or combination of programs, you are eligible for. A dedicated Social Security attorney can clarify all options.
What are the basic eligibility requirements for SSDI benefits?
To qualify for SSDI, you must satisfy two primary tests:
Work History (Insured Status): You must have accumulated a certain number of "work credits" based on your earnings, showing you have paid into the Social Security system. Work credits are earned by reaching a minimum earnings threshold each year. For most adults, you need to have worked about 5 out of the last 10 years before becoming disabled. If you lack sufficient work credits, you will not qualify for SSDI, regardless of the severity of your disability.
Medical Disability: You must have a physical or mental impairment that prevents you from performing Substantial Gainful Activity (SGA) and is expected to last for at least 12 months or result in death.
What does the SSA mean by "disabled?"
The SSA definition of disability is often much stricter than what people expect from private insurance or other government programs. The SSA determines disability based on a five-step evaluation process:
Are you currently engaged in Substantial Gainful Activity (SGA)? If yes, you are not disabled.
Is your medical condition "severe"? It must significantly limit your ability to perform basic work activities.
Is your condition found in the Listing of Impairments ("Blue Book")? If yes, you are approved.
Can you still do the work you did previously (Past Relevant Work)? If yes, you are not disabled.
Can you do any other work that exists in the national economy, considering your age, education, and past work experience? If yes, you are not disabled.
The SSDI attorney at the Law Office of Craig A. Fahey focuses his efforts on steps 4 and 5, using a custom analysis of your Residual Functional Capacity (RFC) to prove that your limitations prevent you from performing any available work. Consulting with SSDI attorney Craig A. Fahey early in this process can improve the chances of success.
How long does the Social Security Disability application process take?
The SSDI process is not fast, and it is one of the most difficult aspects for clients. The total time depends entirely on how many levels of appeal you must go through:
Initial Application: Can take 3 to 6 months.
Reconsideration (First Appeal): Can take another 3 to 6 months.
Hearing before an Administrative Law Judge (ALJ): This is the longest wait, often taking 12 to 18 months from the date you requested the hearing to the date the hearing is held in the San Diego/Southern California hearing offices.
This is why the Law Office of Craig A. Fahey strongly advises applying as soon as possible and initiating the appeals process immediately after a denial to minimize the wait time for potential back pay. Speak with their Social Security lawyer to understand these timelines.
My application was denied—what should I do next?
Do not give up! The SSA denies the majority of initial claims. A denial is not a reflection of your medical condition; it often reflects incomplete medical records, insufficient documentation of your daily functional limitations, or technical errors in the filing.
The most important step is to appeal immediately. You have a strict 60-day deadline from the date you receive the denial notice to file a Request for Reconsideration. Missing this deadline means you must start a brand-new application, potentially losing months or years of valuable back benefits. The Law Firm of Craig A. Fahey encourages you to contact them immediately upon denial so they can file the appeal correctly, gather the necessary evidence, and prepare for the next steps. This is a common service provided by their skilled SSDI attorney.
Do I need a Social Security disability lawyer to apply or appeal a denial?
While you can technically file your application alone, studies show that applicants represented by an experienced Social Security disability lawyer have a significantly higher chance of being approved, especially at the ALJ hearing stage. The benefits of hiring the Law Office of Craig A. Fahey include:
Knowledge of Local Judges: Their firm's unique background, including their association with a former Chief Judge in the San Diego area, provides them with invaluable insight into how local hearings are conducted and what evidence is most persuasive to the judges.
Case Preparation: They handle the overwhelming paperwork, ensure all deadlines are met, and develop the specific legal strategy needed to prove disability under the SSA’s complex rules.
Witness Examination: At the hearing, they cross-examine vocational experts (VEs) and medical experts (MEs) called by the SSA, often leading to case approvals. Their dedicated SSDI attorney is committed to success.
What role do my medical records play in my SSDI claim?
Your medical records are the basis of your entire SSDI claim. The SSA must see objective evidence that your condition meets their strict criteria. Key documents include:
Objective Evidence: MRI results, X-rays, lab work, and diagnostic tests.
Physician’s Notes: Detailed, consistent notes from your treating doctor on your symptoms, prognosis, and treatment plan.
Functional Limitations: The most important documentation is a statement (often called a Medical Source Statement) from your doctor detailing your functional limitations—how long you can sit, stand, lift, walk, or if you need unscheduled breaks due to pain or fatigue.
If you have a gap in treatment or fail to follow a prescribed treatment plan, the SSA may deny your claim. Their team works with their clients' treating physicians to obtain complete, timely, and supportive documentation of their limitations. If you have questions about SSI records, their qualified SSI attorney can assist.
Can I work part-time while receiving SSDI benefits?
This is a common point of confusion. The SSA has specific rules to encourage a return to work without risking immediate loss of benefits:
Substantial Gainful Activity (SGA): If you are applying for benefits, earning above the monthly SGA limit (which changes annually, currently $1,620 for non-blind individuals in 2025) will automatically disqualify you.
Trial Work Period (TWP): Once you are approved for SSDI, the SSA offers a TWP, which allows you to test your ability to work for up to nine months without losing your benefits, regardless of how high your earnings are.
Extended Period of Eligibility (EPE): Following the TWP, you have 36 months during which your benefits will continue for any month your earnings are below the SGA limit.
The Law Firm of Craig A. Fahey counsels their approved clients on how to correctly report income and take advantage of these work incentives to prevent benefit termination. For advice on work and SSI, contact their SSI lawyer.
What should I expect during a Social Security Disability hearing in San Diego?
The hearing before an Administrative Law Judge (ALJ) is an administrative legal proceeding and is often the most successful stage for claimants. When you work with the Law Office of Craig A. Fahey, they offer:
Preparation: Thoroughly prepare you for the types of questions the ALJ, Vocational Expert (VE), and Medical Expert (ME) will ask regarding your pain, daily activities, and work history.
Format: The hearing is typically held in a small office (in-person, phone, or video) and is private. The ALJ leads the questioning, followed by your SSDI attorney.
Relevant Experts: The ALJ often calls a Vocational Expert (VE) and/or a Medical Expert (ME) to testify. Your Social Security attorney’s primary role here is to cross-examine these experts to elicit testimony favorable to your claim, often by presenting hypotheticals based on your limitations that lead the VE to conclude there is no available work you can perform.
How much does it cost to hire the Law Office of Craig A. Fahey?
Their firm operates on a contingency fee basis. This means there is no fee unless they win your case. You pay absolutely nothing up front.
Experienced Guidance for Your San Diego Disability Claim
The Social Security Disability system is built on complicated rules and procedures, making it incredibly difficult for the average applicant to navigate successfully. The Law Office of Craig A. Fahey has not only recovered nearly $20 million in benefits for its clients but has done so by approaching every case with dedication, compassion, and the expertise gained from decades in SSA Disability law. They function as both an SSDI attorney firm and an SSI attorney firm, offering comprehensive legal help.
If you are disabled and struggling to get the benefits you've earned, let their experienced San Diego Disability attorney manage the legal burden.
Contact the Law Office of Craig A. Fahey today for a free, confidential case evaluation with their skilled San Diego disability lawyer .
Media Contact:
Law Office of Craig A. Fahey
4025 Camino del Rio S Suite 336
San Diego, CA 92108
Phone: (619) 280-6565
URL: Disability Attorney | sandiegodisabilitygroup.com
