Delaware Social Security Disability Lawyer
A disabling medical condition can strike anytime, rendering you unable to work and provide for yourself and your family. Fortunately, the Social Security Administration provides a safety net for disabled individuals through its disability benefits programs.
As trusted advocates, National Disability Alliance helps applicants obtain Social Security Disability benefits in Delaware. Whether you need assistance with an initial application or an appeal, you can count on our legal team for straightforward guidance.
Why Choose National Disability Alliance
At National Disability Alliance, we are dedicated to helping Americans with disabilities get the Social Security benefits that they’ve earned. Our seasoned attorneys have extensive experience representing clients throughout Delaware, including in the Wilmington and Newark metropolitan areas. We routinely handle even the most complex Social Security disability claims and know the ins and outs of federal and state disability laws and programs.
When you hire us, you’ll receive a knowledgeable and supportive attorney eager to support you. Our team understands that no two clients share the same circumstances. That’s why we provide a personalized experience for everyone who walks through our doors. Our services are available in English and Spanish.
Our experienced Delaware disability lawyers have obtained Social Security Disability benefits for many clients. We’re also known for successfully overturning denials for people unfairly rejected during their initial applications.
Our attorneys provide free consultations to individuals seeking assistance with Social Security Disability benefits. Under our contingency fee model, there are no upfront costs for our services. We only get paid if we secure your benefits.
Understanding SSDI and SSI in Delaware
Two Social Security programs provide benefits to disabled individuals: Social Security Disability Insurance, or SSDI, and Supplemental Security Income, or SSI. Both programs provide monthly cash payments to qualified recipients.
Delaware is also one of several states that provide supplementary benefits to SSI recipients. These benefits are state-funded and provided to eligible individuals living in adult residential care centers.
Eligibility Requirements for SSDI and SSI in Delaware
To be eligible for SSDI, you must have a medical condition that prevents you from working and is expected to last at least a year or result in death. You must also have a sufficient work history. Workers accrue work credits by paying payroll taxes from their earnings and can earn up to four credits per year. The requirements vary based on the applicant’s age at the onset of the disability. However, you generally must have accrued at least 40 credits, with at least half of them earned over the past five years.
SSI is a needs-based program for older, blind, and disabled individuals with little to no income and resources. Unlike SSDI, it doesn’t have any work requirements. Applicants must not have income above a certain threshold, and their resources must not exceed $2,000 per individual or child, or $3,000 per couple. Assets that the SSA evaluates to determine your monetary resources include bank accounts, investment assets, personal property, vehicles, and more. It exempts certain assets from the resource cap, including your home and personal belongings.
Delaware is one of several states with a higher income limit. Thus, if your income exceeds the SSA’s limits, you may still qualify for benefits.
Some disabled individuals qualify for both SSI and SSDI, allowing them to receive higher monthly payments than the individual programs provide.
Older, blind, or disabled individuals who receive SSI may also be eligible for Delaware’s state supplementary benefits program. It provides additional monetary assistance to people living in an approved residential care or assisted living facility. Some individuals who don’t qualify for SSI due to their income may also receive the supplement if they meet the program’s other qualification requirements.
Application Timeline: What To Expect
On average, the SSA takes 213 days to process an application. Some disabilities qualify for expedited processing under the Compassionate Allowance program.
If you’re approved for benefits, you’ll begin receiving monthly payments from the sixth month after your disability’s onset date. For example, if your condition started in May, your benefits would begin in November. Since applications take some time to process, you may begin accumulating backpay from that sixth month.
If the SSA denies your application, you can appeal their decision through a reconsideration or court hearing. Delaware’s SSA Office of Hearings Operations in Dover oversees administrative hearings, though sometimes judges may travel to Wilmington to accommodate individual needs.
The SSA follows a rigorous process to determine whether you’re eligible for SSDI and SSI. Here’s what to expect.
1. Initial Application
To begin the process, you must submit an application to the Social Security Administration. The agency accepts online, phone, and in-person submissions. You can apply online through the SSA’s website.
To apply by phone, call 1-800-772-1213. Assistance is available in English, Spanish, and a few other languages. Those who are hard of hearing or deaf may call 1-800-325-0778. Customer service agents will schedule you for an application appointment, which may be over the phone or at a local SSA field office.
To apply in person, visit your nearest SSA field office:
- Dover
Suite 3J 655 S Bay Rd.
Dover, DE 19901
- Georgetown
17 Georgetown Plz.
Georgetown, DE 19947
- New Castle
Suite 200 920 W Basin Road
New Castle, DE 19720
The SSDI application requests information about your condition, current medications, and recent medical tests. You’ll also provide contact information for your treating health care providers.
Provide your medical records with your application to aid in the decision-making process. Claims reviewers will request further information about your condition from the physicians listed in your application.
2. Medical Evaluation and Review
After reviewing your application, the SSA may request that you undergo a medical exam with Delaware Disability Determination Services. This state agency helps the SSA determine if your condition meets the legal disability requirements for SSDI and SSI.
Claims reviewers will also schedule an online or in-person appointment with you at your closest SSA office. During this meeting, they’ll discuss your condition and its impact on your ability to work. Examiners may inquire about your previous jobs and tasks you performed to determine whether you can still do them despite your disability.
The medical exam and interview help claims examiners better understand your condition so they can make an informed decision. They’re an important part of the qualification process.
3. Denials & Appeals
After completing the application, interview, and medical exam, you’ll receive a decision from the SSA.
Some disability applications result in a denial. If this happens to you, consider appealing the SSA’s decision.
Appeals start at the reconsideration level, where the SSA will assign a different reviewer to evaluate your claim. A second denial allows you to request a hearing with an administrative law judge in Dover or nearby. You may proceed to further hearings with the SSA Appeals Council or a federal district court, if required.
A Delaware Disability Lawyer Streamlines the Application Process
While you can certainly apply for Social Security Disability benefits yourself, it’s worth seeking legal help. Our qualified attorneys can screen your application in advance for any missing information that can cause a claim denial. We can also assist with gathering medical evidence that the SSA requires to prove your disability prevents you from working.
If the SSA denies your application, our legal team will represent you in appeals and advocate for you during hearings with administrative law judges.
Rules on Denials and Appeals in Delaware
The SSA can deny your application for benefits for many reasons. Some of the most common include:
- Lack of supporting medical evidence for your condition
- Insufficient proof that your condition prevents you from working
- Incomplete application
- Insufficient work credits
Depending on your age, even if your disability prevents you from doing your previous job, the SSA may determine that you can do another job based on your residual functional limitations. For example, say you have a back condition that prevents you from lifting heavy items. The agency might determine that you could do less taxing work, such as sedentary work in an office job, and deny your application.
If the SSA denies your benefits, you have 60 days to appeal the decision. It’s important to take quick action to keep your application moving through the system.
FAQs
Who Qualifies for Social Security Disability Benefits in Delaware?
You may qualify for SSDI in Delaware if you have a medical condition that prevents you from holding a job and meet the SSA’s work credits requirements.
What's the Difference Between SSDI and SSI in Delaware?
SSDI provides benefits to disabled individuals who have paid enough into the Social Security system through payroll taxes over their working career. SSI is a needs-based program that offers benefits to people with limited financial resources, even those without a work history.
How Long Does It Take To Get Delaware Disability Benefits?
On average, the SSA takes seven months to review a disability claim and issue a decision.
How Much Will I Receive in Disability Benefits?
Monthly SSDI benefits vary based on your previous earnings history. The maximum SSI payment for 2025 is $967 per person or $1,450 per couple.
Do I Need a Lawyer To Apply for Disability in Delaware?
Having legal representation isn’t required. However, an attorney can help you avoid common mistakes that result in a denial.
Experienced Disability Lawyers You Can Count On
National Disability Alliance assists with Social Security Disability benefit applications and appeals. Get your free evaluation by calling 833-693-4722 or completing our online form.
Helpful Resources To Get You Started
Types of Disabilities
Learn which conditions qualify for SSDI and SSI – and how medical documentation plays a key role.
Types of Disabilities
Disability Benefits
Explore the benefits available through Social Security Disability and what you can expect to receive.
Disability Benefits
Application Process
A step-by-step look at how to apply for disability benefits – and how we can help simplify the process.
Application Process
FAQs
Have questions? Find quick answers to the most common disability questions we hear from applicants.
FAQs
Social Security Disability Application Process