FAQ

Social Security Disability Insurance (SSDI) is a federal program designed to provide income support to people who are unable to work due to a physical or mental disability that is expected to last at least one year or result in death. Funded by payroll taxes under the Federal Insurance Contributions Act (FICA), SSDI is a Social Security Administration (SSA) program. Eligibility for SSDI requires that the applicant has worked and paid into the Social Security system for enough years, typically based on their age at the time the disability begins. The amount of the monthly benefit is based on the individual's earnings record, reflecting their contributions to the Social Security system.

Supplemental Security Income (SSI) has the same disability requirements as SSDI, but it is designed for individuals who have not paid enough in payroll taxes to qualify for SSDI. To be eligible for SSI, applicants must have few assets or money in the bank. Sometimes applicants may qualify for SSI and SSDI at the same time.

A Social Security Disability lawyer guides applicants through the complex application or appeals process when trying to obtain Social Security Disability benefits, ensuring that all necessary documentation, including medical records and work history, is accurately compiled and presented. They are well-versed in the laws and regulations governing SSDI and SSI, and can effectively communicate with the Social Security Administration (SSA) on behalf of their clients. A Social Security Disability lawyer's role extends to representing clients during hearings, should their initial claim be denied, and arguing their case before an administrative law judge. You can hire an SSDI lawyer at any stage of your claim. Attorney fees are paid out of past-due benefits if your claim is successful.

Social Security Disability Benefits, whether SSDI or SSI, include a monthly cash payment. The amount of SSDI payments is based on the individual's earnings record and the total Social Security taxes they have paid. SSI benefits are a fixed amount determined by SSA. In addition to the financial benefits, after receiving SSDI for two years, beneficiaries can become eligible for Medicare, regardless of their age, providing them with health insurance coverage. The SSDI program also includes work incentives for some applicants or beneficiaries, such as trial work periods, allowing them to attempt to return to work while still receiving benefits.

Social Security Disability Benefits typically last as long as the beneficiary remains disabled and cannot engage in substantial gainful activity, with the expectation that the disability will last at least one year or result in death. However, the Social Security Administration (SSA) conducts periodic reviews of the beneficiary's medical condition to determine if they continue to meet the criteria for disability. The reviews may occur every few months or every several years depending on the likelihood of medical improvement. If a beneficiary's health improves to the point where they can return to work and perform substantial gainful activity, the benefits may be discontinued. Otherwise, SSD benefits continue until the recipient reaches retirement age, at which point they transition from receiving disability benefits to retirement benefits under the Social Security program.

Long-term disability benefits are provided through private insurance policies purchased on an individual basis or provided by your employer. As a general rule, you can collect both SSDI benefits and LTD benefits. In fact, many long-term disability insurance companies require anyone who receives LTD benefits to apply for SSDI as well. Your LTD insurer will offset the amount of SSDI benefits from your LTD payments. The combination of SSDI and LTD benefits will then equal the LTD benefits you got before applying to qualify for Social Security Disability.

Receiving Social Security Disability Benefits can create financial support, but also unexpected complications. SSDI benefits are typically lower than the recipient's pre-disability income, which can create new financial strain. Beneficiaries must also undergo periodic reviews of their disability status, which can add stress and uncertainty about the continuation of benefits. Furthermore, beneficiaries must not receive income for work activities above a certain amount. This is known as “substantial gainful activity.”

Some of the most common reasons that SSDI claims get approved include musculoskeletal disorders, such as severe back conditions and arthritis, which can limit mobility and physical function. Mental disorders, including depression, anxiety, and schizophrenia, are also prevalent causes, as they can severely impact cognitive functions and the ability to maintain employment. Neurological disorders like multiple sclerosis, Parkinson’s disease, and epilepsy can lead to progressive physical and cognitive decline, necessitating long-term support. Other common issues cited in SSDI claims are heart conditions and various forms of cancer.