Understanding Morgan and Morgan Disability Case Services

About Morgan and Morgan's Disability Case Services

Morgan and Morgan is a law firm that operates across multiple states and handles different types of legal cases, including those related to disability claims. The firm was founded in 1988 and has grown to include hundreds of attorneys working in numerous offices. While the firm handles various practice areas, this guide focuses specifically on what their disability case services involve and how they work.

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When people need legal representation for disability-related matters, they often look to firms that have experience in this specific area of law. Morgan and Morgan maintains a division dedicated to handling cases related to Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). These programs are administered by the Social Security Administration, a federal government agency.

Understanding what a disability law firm actually does is important before considering any legal representation. Disability attorneys typically work on contingency basis arrangements, which means they collect a fee only if a case results in a favorable outcome. This structure is common in disability representation because many people pursuing these cases face financial hardship.

The firm's disability practice involves reviewing case details, gathering medical documentation, preparing legal arguments, and representing clients during hearings or appeals. Attorneys who work in this area must understand complex Social Security regulations, medical evidence requirements, and the specific standards used by Administrative Law Judges who hear these cases.

Practical Takeaway: When considering any law firm for disability representation, research their specific experience with Social Security cases, understand their fee structure, and review information about how they work with clients throughout the process.

How Social Security Disability Claims Work

The Social Security Administration manages two primary disability programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Both programs provide monthly payments to individuals with disabilities, but they operate under different rules and have different requirements.

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SSDI is based on work history. To receive SSDI, a person must have worked long enough and recently enough to have earned sufficient work credits. The amount of the monthly benefit depends on the person's earnings history. A person can begin receiving SSDI at any age if their disability meets Social Security's strict definition of disability.

SSI, by contrast, is a need-based program. There is no work history requirement. Instead, SSI provides monthly payments to individuals who have limited income and resources and who meet Social Security's disability criteria. SSI payments are typically lower than SSDI payments, and the program includes strict limits on how much money and property a person can have and still receive payments.

Social Security defines disability very specifically. A person must have a medical condition that prevents them from doing substantial work and is expected to last at least twelve months or result in death. The agency maintains a list of conditions that automatically meet this definition if medical evidence supports the diagnosis. However, even conditions not on this list can result in approval if medical evidence shows the condition prevents substantial work.

The application process begins with submitting an initial claim. If Social Security denies the claim, the person has the right to request reconsideration. If reconsideration is also denied, they can request a hearing before an Administrative Law Judge. If that hearing results in denial, there are additional appeal options available.

Practical Takeaway: Understanding whether you might pursue SSDI or SSI helps clarify what information and documentation you will need. SSDI applicants should gather work history records, while SSI applicants need to document income and resources.

The Role of Medical Evidence in Disability Cases

Medical evidence forms the foundation of any disability case. Social Security cannot approve a disability claim without medical documentation showing that a person has a severe medical condition. This is not just a requirement—it is the central element that determines whether a case succeeds or fails.

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Acceptable medical evidence includes treatment records from doctors, hospital visits, laboratory results, imaging studies, mental health treatment notes, and specialist evaluations. The more recent and detailed the medical records, the stronger the case typically is. Records that show ongoing treatment demonstrate that a condition is serious enough to require professional medical attention.

One common challenge in disability cases involves gaps in medical treatment. If someone stops seeing doctors for months or years, Social Security may question whether their condition is truly disabling. For this reason, consistent medical documentation throughout the period when someone cannot work strengthens their case significantly.

Medical experts sometimes provide written opinions about functional limitations. These are statements from treating physicians describing what activities a person cannot do because of their medical condition. For example, a doctor might indicate that a person cannot sit for more than two hours at a time, or cannot perform detailed manual tasks, or cannot concentrate for extended periods. These functional limitations are crucial because Social Security uses them to determine whether someone can work.

Attorneys who handle disability cases review medical records carefully to identify the strongest evidence supporting a claim. They also work with clients to ensure that treatment records are complete and that gaps in care are explained. In some cases, an attorney might suggest that a client obtain a consultative examination or updated medical opinion to strengthen their case.

Practical Takeaway: Maintain consistent treatment records with your healthcare providers. Keep copies of all medical records, test results, and doctor's notes. Document your symptoms and how they affect your daily activities and ability to work.

Understanding the Appeals Process and Hearing Preparation

Most initial Social Security disability claims are denied. According to the Social Security Administration's own data, approximately 65 to 70 percent of initial applications are denied. This high denial rate makes the appeals process a critical component of most disability cases. Understanding what happens at each stage helps people know what to expect.

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After an initial denial, a person can request reconsideration. During this stage, Social Security reviews the case again, typically assigning it to a different examiner. New medical evidence can be submitted during reconsideration, and this evidence should directly address the reasons for the initial denial.

If reconsideration is also denied, the person has the right to request a hearing before an Administrative Law Judge. This hearing is typically held months after the request is filed. Between the request and the actual hearing date, there is usually a significant waiting period. Current average wait times for hearings vary by region but often range from several months to over a year in some areas.

Preparation for the hearing involves organizing medical records, preparing a written statement describing how the disability affects daily life and work capacity, and identifying witnesses who can testify about the person's condition and limitations. The hearing itself is conducted informally, though it is a legal proceeding. An Administrative Law Judge hears evidence and makes a decision about whether the person meets Social Security's disability definition.

An attorney's role during this process includes reviewing all evidence, identifying the strongest arguments, preparing the client for testimony, and presenting the legal and medical basis for the claim to the judge. Attorneys also handle procedural requirements, ensure deadlines are met, and communicate with Social Security throughout the appeals process.

Practical Takeaway: Keep organized records of all correspondence with Social Security. Note the dates of all denials and appeals. If pursuing an appeal, gather any new medical evidence that addresses the specific reasons given for denial.

Fee Structures and What Attorneys Can Collect

Social Security disability attorneys operate under strict rules regarding how much they can charge for their services. These rules are set by federal law and are the same for all disability attorneys, regardless of which firm they work for. Understanding these fee limits is essential when considering legal representation.

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Most disability attorneys work on contingency, meaning they only receive payment if the case results in past-due benefits. If a case is denied at all levels, the attorney receives no fee. This arrangement protects clients who are often in difficult financial situations.

Federal law caps the amount an attorney can charge at 25 percent of past-due benefits or $6,000, whichever is less. This fee is set by law, not negotiated between the attorney and client. Additionally, attorneys can seek reimbursement for out-of-pocket costs such as medical record copying fees, transcript costs, and expert witness fees. These costs are typically deducted from the past-due benefits before the attorney's fee is calculated.

When a case is successful and the person receives a favorable decision, Social Security pays the past-due benefits directly to the person. The attorney's fee is then paid from this lump sum. The Social Security Administration actually handles this process directly, withholding the attorney's fee before sending money to the client. This protects the client from having to pay the attorney themselves.

It is important to understand what "past-