ALBUQUERQUE SOCIAL SECURITY LAWYER

Determining whether you have a viable Social Security claim depends on your circumstances and the type of benefits you’re seeking. You may have a valid claim in Albuquerque, New Mexico, if you:

• Have a severe and long-term medical condition preventing you from working.
• Are struggling financially and meet the resource limits for SSI.
• Have a deceased spouse, parent, or other relative who worked and paid into Social Security.
• Are nearing or have reached retirement age and have a work history.

Navigating Social Security claims can be complex, especially when applications are denied. Morgan & Morgan may be able to help. Consult one of our Social Security attorneys if:

• Your condition has been denied as not meeting SSA's criteria.
• You’re unsure about eligibility or have questions about work credits.
• You need help with documentation or appealing a denied claim.

The application process for Social Security Disability benefits can be complex, but it’s manageable with preparation:

• Gather required documents: Collect medical records, employment history, tax returns, and information about your condition.
• Complete the application: Apply online at the Social Security Administration (SSA) website, by phone, or in person at your local SSA office.
• Submit medical evidence: Provide comprehensive documentation from your healthcare providers to support your claim.
• Wait for a decision: It typically takes 6-9 months to receive an initial decision.

Filing an incomplete application, submitting incorrect information, or missing a deadline can reduce your chances of receiving disability benefits. An experienced Morgan & Morgan attorney may be able to help you prepare your claim accurately and submit it within the applicable deadlines.

An initial decision may take approximately six to nine months, although processing times can vary. If the claim is denied and requires an appeal, the process may take several additional months or, in some cases, years. An attorney can review your circumstances and provide a more specific estimate based on the stage and complexity of your claim.

No, you do not need a lawyer to sign up for Social Security Disability benefits, but having one can be highly beneficial. Applying for disability benefits can be challenging because the process involves extensive paperwork, firm deadlines, and detailed medical evidence. Many initial applications are denied because information is missing or the supporting documentation is not strong enough. An experienced disability attorney may be able to:

• Ensure accuracy: Help you complete your application thoroughly and accurately to avoid errors that lead to denials.
• Gather supporting evidence: Assist in collecting and organizing the medical records and other documents needed to strengthen your claim.
• Navigate complexities: Understand and explain Social Security Administration (SSA) rules, ensuring you meet all requirements.
• Advocate for you: Represent you during appeals, administrative hearings, or at any stage of the process if your claim is denied.

At Morgan & Morgan, our Social Security Disability attorneys work on a contingency fee basis, meaning there is no fee unless your claim is approved. While it’s not mandatory to hire a lawyer, doing so can significantly increase your chances of a successful outcome.

There are two kinds of disability benefits available, depending on your circumstances and eligibility:

Supplemental Security Income (SSI)

• Eligibility: Your eligibility will be based on financial need. Requires limited income and assets.
• Funding source: Paid through general tax revenue, not Social Security taxes.
• Benefit amount: Varies by state and individual circumstances but is generally lower than SSDI.

Social Security Disability Insurance (SSDI)

• Eligibility: Your eligibility will be based on work history and earning sufficient credits through Social Security taxes.
• Funding source: Paid through Social Security payroll taxes.
• Benefit amount: Higher than SSI and depends on your past earnings.

Several steps may help improve the strength of your application:

• Submit thorough medical evidence: Include treatment records, test results, physician notes, and other documentation supporting your condition.
• Continue consistent treatment: Follow your healthcare provider’s recommendations and keep records of your appointments and treatment efforts.
• Work with Morgan & Morgan: An experienced attorney may be able to help ensure your application is complete, accurate, and supported by appropriate evidence.
• Provide honest, detailed information: Clearly describe how your condition affects your daily activities and ability to maintain employment.

Eligibility for Social Security Disability benefits depends on:

• Work credits (for SSDI): Based on your age and work history, you must have earned enough credits through Social Security taxes.
• Income and assets (for SSI): Supplemental Security Income (SSI) is a needs-based program with strict income and resource limits.

Meeting these requirements is the first step toward securing benefits.

The Social Security Administration (SSA) defines disability very specifically. To qualify, you must:

• Be unable to perform substantial gainful activity (SGA): Your condition must prevent you from earning more than the monthly SGA threshold.
• Have a severe impairment: Your condition must significantly limit your ability to perform basic work activities, such as walking, lifting, or remembering.
• Have a condition expected to last 12 months or result in death: Temporary or short-term conditions typically don’t qualify.
• Be listed in the SSA’s Blue Book: This guide outlines medical conditions and criteria for automatic approval. If your condition isn’t listed, you’ll need to provide extensive medical evidence to prove its severity.

Yes, you can apply online on the SSA website. Be prepared to upload medical records, work history, and personal information. It is recommended that you proceed with the help of an experienced attorney to maximize your chances of approval without delays. Speak to a member of our legal team today for help with a free case evaluation.

If your claim is denied, your attorney can appeal through these steps:

• Request for reconsideration: Submit additional evidence and corrections within 60 days.
• Administrative Law Judge (ALJ) hearing: Present your case before a judge.
• Appeals council review: Request a review of the judge’s decision.
• Federal court: As a final resort, file a lawsuit in federal district court.

Each stage requires careful preparation and adherence to strict deadlines.

Many applicants face denials on their first attempt. Common reasons for a denial can include:

• Insufficient medical evidence: Failing to demonstrate the severity of your condition.
• Failure to follow treatment plans: Ignoring prescribed treatments without valid reasons.
• Inadequate work history: Not earning enough work credits for SSDI eligibility.
• Income exceeding limits: Earning above the allowable SGA threshold for SSI or SSDI.

Understanding these pitfalls can help you avoid them, and working with an experienced attorney at Morgan & Morgan can help you have a more successful outcome.

Strong medical evidence is the backbone of any successful disability claim. The most effective records include:

• Diagnostic tests: Imaging, blood tests, or other objective results.
• Physician notes: Detailed documentation from your doctor about your symptoms and limitations.
• Treatment history: Proof that you’ve pursued and followed prescribed treatments.

Having your doctor write a supporting statement can also strengthen your claim.

The Social Security Administration periodically reviews disability cases to determine whether a person still qualifies for benefits. These reviews are commonly referred to as Continuing Disability Reviews (CDRs).

The frequency of reviews often depends on the likelihood of medical improvement. Some cases may be reviewed within a few years, while others involving permanent conditions may be reviewed less often.

During a review, the SSA may examine updated medical records, treatment history, work activity, and other information related to the disability.

In some cases, a person may qualify for both Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) benefits at the same time. This is commonly referred to as receiving “concurrent benefits.”

SSDI is based on your work history and the Social Security taxes you paid while working. To qualify, you generally must:

• Have enough work credits based on your age and employment history
• Have a qualifying disability that prevents substantial gainful activity

SSI, on the other hand, is a need-based program for individuals with limited income and resources. To qualify for SSI, you generally must:

• Have limited income and assets
• Be disabled, blind, or age 65 or older

To receive both SSI and SSDI benefits, you must meet the medical requirements for disability while also meeting SSI’s financial limits. This commonly happens when a person qualifies for SSDI but receives a relatively low monthly payment because of a limited work history or lower lifetime earnings.

For example, if a person qualifies for SSDI but receives a monthly benefit amount below the SSI payment threshold, SSI may provide additional benefits to supplement that income.

There are also additional factors that may affect eligibility for concurrent benefits, including:

• SSI resource limits for individuals and couples
• Eligibility for Medicaid through SSI
• Eligibility for Medicare after receiving SSDI benefits for the required period

When you apply for disability benefits, the Social Security Administration (SSA) may evaluate whether you qualify for both SSDI and SSI through the same application process.

The Social Security Administration (SSA) maintains a list of qualifying medical conditions known as the “Blue Book.” Certain severe conditions that meet the SSA’s medical criteria may qualify for disability benefits more quickly or with less additional review.

Examples of conditions that may qualify include:

• Advanced cancers
• ALS (Lou Gehrig’s disease)
• Certain neurological disorders
• Serious heart conditions
• Severe mental health disorders
• Some genetic or autoimmune conditions

However, simply having a diagnosis does not automatically guarantee approval. The SSA also evaluates how severely the condition limits your ability to work and whether it is expected to last at least 12 months or result in death.

Medical records, treatment history, physician documentation, and test results are often critical in supporting a disability claim. An experienced attorney can help determine whether your condition may meet the SSA’s eligibility requirements before you begin the application process.

Yes, certain mental health conditions may qualify for Social Security Disability benefits if they significantly limit your ability to work and meet the Social Security Administration’s definition of disability.

Conditions that may qualify can include depression, anxiety disorders, PTSD, bipolar disorder, schizophrenia, autism spectrum disorders, and other serious mental health conditions. The SSA evaluates factors such as medical records, treatment history, symptom severity, and how the condition affects daily functioning and the ability to maintain employment.

Strong medical documentation from psychiatrists, psychologists, therapists, or other healthcare providers is often critical in these claims.

Yes, it is possible to receive disability benefits while working part-time, but certain rules and income limits apply. The Social Security Administration (SSA) has guidelines to determine whether part-time work disqualifies you from receiving disability benefits. Here’s a breakdown:

Substantial Gainful Activity (SGA)

The SSA uses a concept called Substantial Gainful Activity (SGA) to evaluate your work. SGA refers to the level of income that demonstrates your ability to engage in significant work.

For 2026, the SGA limit is:

• $1,690 per month for non-blind individuals.
• $2,830 per month for blind individuals.

If you earn more than the SGA limit, you will generally not qualify for disability benefits, as the SSA assumes you can engage in substantial work.

Trial Work Period (TWP)

If you are already receiving Social Security Disability Insurance (SSDI), the SSA allows you to test your ability to work through a Trial Work Period (TWP) without losing your benefits.

• You can earn any amount during the TWP without it affecting your SSDI benefits, as long as you report your earnings to the SSA.
• The TWP lasts for nine months (within a rolling 60-month period) where monthly earnings exceed $1,210 in 2026.

Extended Period of Eligibility (EPE)

After the Trial Work Period ends, a 36-month Extended Period of Eligibility begins. During this period:

• You may continue receiving benefits for months when your earnings remain below the substantial gainful activity limit.
• If your earnings exceed that limit, benefits may pause but could restart if your income later falls below it again.

Supplemental Security Income (SSI) and Part-Time Work

For SSI, part-time work may not disqualify you from benefits, but your income will affect your monthly payment.

• The SSA reduces SSI benefits by $1 for every $2 of earned income over $85 per month.
• SSI has strict resource and income limits, so maintaining low earnings is crucial to continue receiving benefits.

Work Incentives and Support Programs

The SSA offers work incentive programs to encourage individuals to work without fear of losing their benefits prematurely:

• Impairment-Related Work Expenses (IRWEs): Costs related to your disability that are necessary for you to work (e.g., transportation, assistive devices) can be deducted from your earnings when determining SGA.
• Ticket to Work Program: This free program helps disability beneficiaries receive training and support to transition back into the workforce.

Factors to Consider When Working Part-Time

• Physical and mental capabilities: The SSA assesses whether your work activity shows you are capable of full-time work.
• Consistency of work: Sporadic or limited work may not affect your benefits, but regular employment could lead the SSA to re-evaluate your eligibility.
• Reporting requirements: Always report your work activity and earnings to the SSA to avoid overpayments or penalties.

A disability representative is anyone legally permitted to represent you in a disability claim. The representative can be a family member, lawyer, paralegal, or any other legal professional specializing in Social Security Disability cases. 

Most people seek disability lawyers to represent them in their Social Security Disability claims. There are many benefits of hiring an attorney to handle such claims compared to other professionals in this field. Here's why it's always advisable to speak to a disability attorney. 

You can speak with a disability representative at Morgan & Morgan with no obligation or cost to you. Contact us anytime for a free case evaluation.

Morgan & Morgan’s Social Security lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our Social Security lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you gain access to the resources of America’s Largest Injury Law Firm™, with more than 1,100 attorneys nationwide and over 700,000 clients helped. Our firm has the experience and resources to handle complex injury claims.

Your case may be supported by a team that can include attorneys, paralegals, case managers, and other legal professionals working together to move your claim forward. You may also have a primary point of contact who can help answer questions and keep you informed throughout the process.

Social Security Disability claims can be complicated and often involve extensive medical documentation, strict deadlines, and detailed eligibility requirements. Morgan & Morgan has more than 1,100 attorneys nationwide and has helped clients pursue the benefits they may be entitled to seek.

Our attorneys understand the challenges individuals may face when applying for Social Security Disability benefits, especially after a claim denial or while dealing with serious medical conditions that affect the ability to work. We work to help clients build strong applications, gather supporting evidence, and navigate the appeals process when necessary.

Morgan & Morgan handles Social Security Disability claims on a contingency fee basis, which means there are no upfront fees and you only pay if your claim is successful. If you are considering applying for benefits or appealing a denial, contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.