SSA denies most initial disability applications. That denial is a procedural stage in a system that’s designed to be hard to navigate without help. The appeal process, particularly the ALJ hearing, is where most approvals happen. Whether you’re filing for the first time or staring at a denial letter, get a free consultation before any deadlines pass.
Request a free consultation or call us today. (770)-955-3000
A Marietta Disability Firm Serving Cobb County
Keener Law’s Marietta office represents Social Security disability claimants in the Cobb County seat and the surrounding communities: Kennesaw, Smyrna, Austell, Powder Springs, Mableton, and Acworth. Marietta is where we practice, not a service area we’ve added to capture internet traffic. That distinction matters in ways that go beyond marketing: it means we know the local SSA field office, the ALJ hearing patterns at the Atlanta OHO, and the medical providers whose records figure in Cobb County disability cases. For more on our team, see our About page.
Cobb County’s workforce is one of the most economically diverse in Georgia. Employees from Lockheed Martin’s facility near Dobbins Air Reserve Base, WellStar Health System (Cobb’s largest employer), Kennesaw State University, and a large base of manufacturing and construction workers are all part of the disability claimant population we serve. Physical injuries, occupational injuries, and conditions that develop over decades of demanding work (back injuries, joint disease, cardiac conditions, mental health disorders) show up at above-average rates in industrial and healthcare workforces. So do pre-retirement anxieties about how SSDI interacts with 401(k) savings and pension plans, which is why we cover that question specifically below.
Our fee is governed by federal law: 25% of back pay, capped at the SSA’s regulated maximum of $9,200, according to SSA fee agreement guidelines, nothing if we don’t win.
Call Now : 770-955-3000 No upfront cost. No hourly billing.
How Does Social Security Disability (SSDI) Work?
Social Security Disability Insurance (SSDI) pays monthly benefits to workers who can no longer work due to a medical condition expected to last at least 12 months or result in death. It’s not welfare. It’s an insurance program funded by the FICA payroll taxes you’ve paid throughout your working career. If you’ve worked long enough and paid into Social Security, you’ve earned the right to apply.
SSDI is distinct from SSI (Supplemental Security Income), which is needs-tested and has income and asset limits. SSDI has no asset limits. The two programs use the same medical definition of disability but operate completely differently. For a full overview, see our Social Security Disability overview page.
How Do I Qualify for SSDI Benefits in Marietta?
To qualify for SSDI, you need a medically determinable impairment that prevents Substantial Gainful Activity (SGA) and is expected to last at least 12 months or result in death. SSA evaluates every claim through a five-step sequential process. Most denials happen at steps four or five, where SSA determines whether you can still perform your past work or any other work in the national economy. Most denials happen not because the condition isn’t serious, but because the evidentiary record doesn’t fully document the functional limitations that prevent work.
SSDI vs. SSI: Key Differences
| SSDI | SSI | |
| Basis | Work history and FICA contributions | Financial need (income and assets) |
| Work credits required? | Yes | No |
| Benefit amount | Based on your earnings record | Federal benefit rate: Individual $994; couple $1,491(set annually) SSA (SSI) Payment Standards. |
| Healthcare | Medicare (after 24 months of benefits) | Medicaid (typically automatic in Georgia) |
| Asset limits | None | $2,000 individual / $3,000 couple: SSA (SSI) Eligibility Guidelines.
|
SSDI Eligibility Requirements
SSDI covers workers disabled before their Date Last Insured (DLI). You typically need 40 work credits, with 20 earned in the last 10 years. Your condition must prevent SGA: approximately $1,690/month for non-blind claimants in 2026, according to the Social Security Administration’s SGA guidelines.
One critical deadline: you must have been disabled before your DLI. Many Marietta-area claimants wait too long to file and discover their DLI has passed, permanently closing SSDI eligibility.
SSI Eligibility Requirements
SSI has no work-history requirement. It covers disabled, blind, or elderly individuals with limited income and resources. The disability standard is identical to SSDI, but strict asset and income limits apply, according to the SSA (SSI) Eligibility Guidelines. A home and one vehicle typically don’t count; savings and investment accounts usually do.
Medical Conditions That Commonly Qualify
SSA evaluates all serious impairments through its Blue Book listings and the medical-vocational framework. Among the conditions we handle for Marietta and Cobb County clients:
- Musculoskeletal: back pain and spinal conditions, hip fracture disability, plantar fasciitis disability in Marietta, knee pain disability
- Mental health: depression, anxiety, PTSD and trauma, bipolar disorder, panic disorder, schizophrenia
- Neurological: seizures and epilepsy, multiple sclerosis
- Autoimmune and inflammatory: lupus, rheumatoid arthritis, psoriatic arthritis, autoimmune disorders, fibromyalgia
- Endocrine and metabolic: diabetes type 1
- Digestive: inflammatory bowel disease and Crohn’s
This is a partial list. See our full conditions section below for the complete set of Marietta-area cases we handle. A diagnosis alone doesn’t guarantee approval. SSA’s evaluation centers on how your specific limitations affect your ability to work, and that functional analysis is where most claims succeed or fail.
Which Medical Conditions Count as “Disabilities” for SSDI?
SSA’s definition of disability is strict: you must be unable to engage in Substantial Gainful Activity due to a medically determinable physical or mental impairment expected to last at least 12 months or result in death. Having a serious condition isn’t enough on its own. SSA’s five-step evaluation asks whether that condition prevents you from performing any work that exists in significant numbers in the national economy, given your age, education, and work history.
SSA evaluates conditions against its Blue Book, which covers: musculoskeletal disorders, mental disorders, cardiovascular conditions, respiratory disorders, cancer, neurological disorders, immune system disorders, endocrine disorders, and more. Meeting a Blue Book listing is sufficient but not required for approval. Many claimants win through a medical-vocational allowance when the combination of their impairment, age, education, and work history means no realistic job options exist.
Certain severe conditions (specific cancers, ALS, early-onset Alzheimer’s, and others on SSA’s Compassionate Allowances list) qualify for fast-tracked review and can be approved in weeks. If your condition is on the CAL list, flag it explicitly when filing.
What Are SSDI’s Income Limits? (Substantial Gainful Activity)
In 2026, earning more than approximately $1,690/month from work disqualifies you from SSDI as a non-blind claimant. For blind claimants, the limit is approximately $2,830/month, according to the Social Security Administration’s SGA guidelines. This is the Substantial Gainful Activity (SGA) threshold. If your earnings exceed SGA, SSA stops the entire five-step evaluation at Step 1, without ever reviewing your medical condition or work history.
Two things claimants in Cobb County often don’t know:
- SGA applies only to earned wages, not passive income. Rental income, investment dividends, retirement distributions, and pension payments don’t count toward SGA. You can receive these without affecting SSDI eligibility.
- Once approved, you have a Trial Work Period (TWP). In 2026, any month you earn more than approximately $1,210 counts as a TWP month. You get 9 TWP months within a rolling 60-month window to test whether you can return to work without losing benefits. After the TWP, earnings above SGA can affect your benefit status.
Can I Keep My Retirement Savings on SSDI?
Yes. SSDI has no asset or savings limit. You can keep your 401(k), IRA, pension, vehicles, and savings accounts without affecting your SSDI eligibility or benefit amount. SSDI is an earned benefit based on your work history. Your savings are irrelevant to whether you qualify.
This is one of the most common misconceptions we hear from Marietta-area claimants, particularly employees and retirees from Lockheed Martin, WellStar, and Kennesaw State who have built meaningful retirement savings over long careers. Many assume those savings disqualify them. For SSDI, they don’t.
SSI is fundamentally different: means-tested, with a resource limit of $2,000 for an individual and $3,000 for a couple, according to the Social Security Administration’s Supplemental Security Income (SSI) eligibility guidelines..Your primary home and one vehicle are typically excluded. But 401(k) balances and savings beyond those exclusions typically disqualify you from SSI. If you’re considering SSI, ask us during a free consultation.
Could I Lose My SSDI Benefits Later? (Continuing Disability Reviews)
Yes, but only if SSA determines your condition has improved enough that you can return to work. SSA conducts Continuing Disability Reviews (CDRs) periodically to confirm eligibility. Reviews are scheduled at 6–18 months (if improvement expected), every 3 years (if improvement possible), or every 7 years (if improvement not expected).
At a CDR, SSA applies the “medical improvement” standard, not the original disability standard. To terminate your benefits, SSA must show that your condition has improved and that you can now engage in SGA. This is a higher bar than the initial denial. Most CDRs result in the continuation of benefits, particularly for claimants with chronic, progressive, or permanent conditions.
What you should do if you receive a CDR notice:
- Respond promptly. There are strict deadlines for submitting documentation.
- Continue treatment with your doctors and ensure records are current
- Contact us immediately if SSA indicates it’s considering terminating your benefits. You have the right to appeal a CDR termination, and the standard of evidence is in your favor if your condition hasn’t genuinely improved.
Many claimants don’t know CDRs exist until one arrives. Being proactive about consistent medical treatment throughout your benefit period is the best protection against a CDR challenge.
What Happens If My SSDI Claim Is Denied?
A denial is not a final answer. Most Cobb County claimants who ultimately receive benefits were denied at the initial level. Every appeal stage has a strict deadline: 60 days from the date on your denial notice, plus 5 days for mailing. Miss that window and you lose the right to appeal that denial entirely, forcing a new application that restarts your back pay clock.
For detail on why Georgia claims are denied and how each reason can be addressed, see our page on common reasons disability claims are denied in Georgia. For the full appeal pathway, see our disability appeal process page.
The 4 Stages of a Georgia SSDI Appeal
1- Reconsideration. Request within 60 days of the initial denial. A different DDS examiner reviews your file. Approval rates at this stage are low nationally (roughly 10–15%). according to SSA disability allowance rate data compiled by NOSSCR. This stage is required before you can access an ALJ hearing.
2- ALJ Hearing. Request within 60 days of the reconsideration denial. You appear before an Administrative Law Judge by video or in person. Your attorney presents evidence, prepares you for testimony, and cross-examines the vocational expert. Approval rates at the hearing stage are significantly higher. Atlanta Downtown Hearing Office – ALJ Approval Rates & Wait Times
3- Appeals Council. Request review within 60 days of an ALJ denial. The Council may grant, deny, or remand the case.
4- Federal District Court. File a civil action within 60 days of the Appeals Council decision. Final level of appeal.
What to Expect at a Disability Medical Exam (CE)
A Consultative Examination (CE) is an SSA-ordered exam with a physician who has never treated you. SSA requests a CE when it deems your existing records insufficient. The exam is typically brief, and the physician’s report goes directly to SSA. A CE carries less weight than your treating physician’s opinions, but a poor CE report can still be used to support a denial. Your attorney should review CE orders before you attend and know how to contextualize the CE findings in the pre-hearing brief.
The Atlanta Office of Hearings Operations (OHO)
Marietta and Cobb County cases that reach the ALJ hearing stage are handled by the Atlanta Office of Hearings Operations. [VERIFY: confirm whether Cobb County ZIP codes 30008, 30060, 30062, 30064, 30066, 30067, 30068 are assigned to Atlanta North OHO or Atlanta South OHO. Insert verified address, phone, and current wait time before publication.] Most Atlanta OHO hearings are conducted by video teleconference. Our attorneys are prepared for disability hearings in Georgia and know the Atlanta OHO’s procedural expectations.
How Much Does a Disability Lawyer Cost in Marietta?
Disability lawyers in Marietta work on contingency. You pay nothing upfront and owe nothing if we don’t win. SSA caps attorney fees at 25% of back pay, up to the federal maximum (currently $9,200, whichever is less, according to the Social Security Administration’s fee agreement rules.. SSA withholds the fee directly from your back pay before sending you the balance. You never receive a bill during your case.
The contingency model works in your favor: your attorney’s incentive is to win the case and maximize the award. SSA must approve every fee agreement before any money changes hands. If you incur out-of-pocket costs for things like obtaining medical records, those may be handled separately from the attorney fee. Ask about this during your consultation.
How Long Will My Disability Claim Take?
Longer than most claimants expect. Initial applications in Georgia average 3–6 months for a decision from Georgia DDS. If denied and requesting an ALJ hearing, wait times at the Atlanta OHO have historically run 12–18 months from hearing request to scheduled date, according to SSA data, although wait times have historically been longer. From first application to ALJ approval, the full process typically spans 18–24 months or more.
This timeline is a strong reason to involve an attorney before you file, not after the first denial. A well-built evidentiary record from the start improves your odds at the initial or reconsideration stage, potentially avoiding the 12–18 month ALJ wait. For claimants already in the process, the goal shifts to ensuring the hearing record is as strong as possible before the hearing date. Compassionate Allowance cases are fast-tracked regardless of the standard processing timeline.
What to Bring to Your Free Consultation
Your first consultation is free. Bring what you have. Here’s what helps most:
- Medical records from the past two years, or the names and addresses of every treating provider
- Medications list with dosages
- Work history for the past 15 years: job titles, employers, dates, and a brief description of duties
- Any SSA denial letters with dates visible. The 60-day appeal deadline runs from the date on that letter.
- Social Security card and government-issued ID
- Prior disability application details: dates, claim numbers, prior attorneys if applicable
- Notes on how your condition limits daily activities: walking, sitting, concentrating, personal care, in your own words
Don’t delay because you don’t have everything organized. We can help request records. The only thing that cannot be recovered is a missed deadline.
Local Resources for Marietta Disability Claimants
Here’s what you need to know about the offices and providers that handle Marietta-area disability cases. No other firm serving this SERP publishes this information specifically for Cobb County claimants.
Marietta SSA Field Office
The Marietta SSA Field Office is the local point of contact for filing applications, submitting documentation, and handling administrative questions about your claim.
Marietta SSA Field Office
Address: 1415 Franklin Gateway, Marietta, GA 30067
Phone: 1-800-772-1213/TTY: 1-800-325-0778
Hours: Monday, Tuesday, Thursday, Friday 9:00AM-4:00PM; Wednesday 9:00AM-2:00PM
National SSA line: 1-800-772-1213 (TTY: 1-800-325-0778), Mon–Fri 8 AM–7 PM
Atlanta Office of Hearings Operations (OHO)
Marietta and Cobb County ALJ hearings are handled through one of the Atlanta-area OHO offices. [VERIFY: confirm whether Cobb County ZIP codes are assigned to Atlanta North OHO or Atlanta South OHO, and insert verified address, phone, and average wait time.] Most hearings are conducted by video teleconference.
Georgia Disability Determination Services (DDS)
Georgia DDS handles the initial and reconsideration stages of your claim before any case reaches the ALJ hearing level. For Social Security inquiries in the Thomasville, Georgia area, the local Social Security office is located at 1916 Smith Avenue, Thomasville, GA 31792, and can be reached at (888) 491‑1886.
Local Medical Providers Serving Marietta Claimants
Consistent, documented treatment at established facilities strengthens a disability claim. Medical facilities that commonly figure into Cobb County disability cases include:
- WellStar Kennestone Hospital: the largest hospital in Marietta and one of the largest in Georgia, serving as the anchor medical facility for most Cobb County disability cases [VERIFY: firm to confirm familiarity with records from WellStar Kennestone]
- WellStar Cobb Hospital (Austell), serving the western Cobb County communities in Keener’s service area [VERIFY: firm to confirm]
- Northside Hospital Cherokee: relevant for northern Cobb/Cherokee border claimants [VERIFY: firm to confirm and approve inclusion]
- Emory Johns Creek Hospital: eastern Cobb border; relevant for some Marietta-area specialty care [VERIFY: firm to confirm and approve]
- [VERIFY: firm to confirm and approve complete provider list. Do not list providers the firm has no relationship with.]
Transportation to SSA Offices: CobbLinc
CobbLinc operates bus service throughout Cobb County, including routes that may serve the Marietta SSA field office area. For claimants without transportation, online filing and phone appointments eliminate the need for in-person visits.
Conditions We Handle for Marietta-Area Clients
Keener Law handles disability cases across the full spectrum of SSA-recognized impairments for claimants in Marietta and Cobb County. Our condition-specific experience is one of our clearest advantages over general-practice firms serving this market. We understand the documentation and evidentiary requirements for each type of claim, not just the general process.
Below is a categorized list of conditions we regularly handle for local clients, each with a dedicated page covering the specific SSA evaluation standards, medical evidence requirements, and common denial pitfalls for that condition.
Musculoskeletal and Physical Conditions
- Back pain, lumbar disc disease, and spinal conditions
- Plantar fasciitis and foot conditions (one of Keener’s strongest local rankings)
- Knee pain and joint disorders
- Hip fracture and hip replacement
- Scoliosis
- Arthritis and degenerative joint disease
- Orthopedic injuries and chronic conditions
Mental Health Conditions
- Depression and major depressive disorder
- Anxiety disorders
- PTSD and trauma-related conditions
- Bipolar disorder
- Panic disorder
- Schizophrenia and psychotic disorders
Neurological Conditions
- Seizures and epilepsy
- Multiple sclerosis
Autoimmune and Inflammatory Conditions
- Fibromyalgia
- Lupus (SLE)
- Rheumatoid arthritis
- Psoriatic arthritis
- Autoimmune disorders (general)
- Inflammatory bowel disease and Crohn’s disease
Endocrine and Metabolic Conditions
- Diabetes type 1
- Addison’s disease
If your condition isn’t listed here, it doesn’t mean you won’t qualify. SSA evaluates all medically determinable impairments, and many conditions win through the medical-vocational framework even without meeting a Blue Book listing. Call us for a free evaluation of your specific situation.
Get Your Free Disability Consultation in Marietta Today
Keener Law is based in Marietta and represents disability claimants throughout Cobb County: Marietta, Kennesaw, Smyrna, Austell, Powder Springs, Mableton, and Acworth. We handle every stage of the SSDI and SSI process, and we charge nothing unless we win.
If you’ve received a denial and a 60-day deadline is approaching, call now. If you haven’t filed yet and want to understand whether you qualify, the consultation is free and there’s no obligation.
Marietta office: 640 Village Trace NE, Marietta, GA 30067
Phone:(770) 955-3000
Hours:Monday-Friday 9:00AM-5:00PM
Online: Request your free consultation here →
Disclaimer: This page is for general informational purposes only and does not constitute legal advice. Every disability case is different. For advice about your specific situation, contact a qualified Social Security Disability attorney or representative. Prior results do not guarantee a similar outcome.