Social Security Disability FAQ
FAQs for Existing Social Security Disability Clients
Read on for answers to some of the most common questions our Social Security Disability attorneys receive from our current clients.
What is social security disability?
Social Security Disability Insurance (SSDI) is a program for individuals whose health impairments prevent them from working.
What is Supplemental Security Income?
Supplemental Security Income (SSI) is a program for individuals whose health impairments prevent them from working.
What is the difference between SSI and SSDI?
Both SSDI and SSI are programs for disabled individuals. However, the key difference is that SSDI benefits are available to individuals who have accumulated a sufficient number of work credits (through paying taxes), while SSI disability benefits are available to individuals with low income and assets who haven’t earned enough work credits to qualify for SSDI.
Who is eligible for SSDI?
Anyone who is out of work because of any medical condition should consider applying for SSDI. However, there are certain requirements for eligibility.
How do you qualify for SSDI?
To qualify for SSDI benefits, you must either be out of work or earning less than $1,320 per month in gross wages because of your medical conditions.
Who is eligible for Supplemental Security Income?
The SSI program has strict limits on the amount of income and assets you can have and still be eligible.
What is the SSDI process for determining whether you are disabled?
The Social Security definition of disability is based on your inability to work for a long period of time. You are considered disabled and eligible if you meet the following conditions:
- You are not working at all or earning less than $1,320 per month
- Your condition is so severe that it interferes with work-related activities you must perform to do your job
- You are unable to do the work you did prior to becoming disabled
- You are not able to perform other types of work that your background may have prepared you to perform
It is vital to note that this is a simple explanation and does not take into account special situations that may make you eligible for disability benefits even if you have not fulfilled all the above conditions.
How long do you have to be disabled before applying?
In order to be approved for SSDI, you will need to demonstrate that your disability is expected to last at least one year or be life ending. You will also need to demonstrate that you are unable to perform any substantial gainful activity, meaning that you cannot work eight hours per day, five days per week on a consistent basis.
However, you should apply as soon as you believe you may have a long-term disability because there are delays between applying and receiving benefits. There are certain requirements regarding the expected length of disability and certain waiting periods during which benefits are not payable.
Can You Get Workers’ Compensation and Social Security Disability?
The answer is YES! While the rules differ from state to state, it is important to know that in some cases, there are offsets (reductions) against your Social Security disability benefits for workers’ compensation benefits you have received during the same time.
How much does a Social Security disability lawyer cost?
There is no fee until you win! Our number one goal is to obtain a favorable result on your behalf, and therefore there is no fee unless our Social Security disability lawyers are successful in obtaining benefits for you.
What disabilities qualify for student loan forgiveness?
If you have suffered an injury or medical condition that prevents you from working for an indefinite period, you may be eligible to cancel any student loans you have.
What is a trial work period?
If you are receiving Social Security Disability benefits, you can attempt to return to work without fear of losing your benefits immediately. The Social Security Administration allows you nine (9) trial work months during any five-year period.
How long does it take to get SSDI?
Obtaining Social Security disability benefits can be a long, confusing, and tedious process. It typically takes anywhere from 6 to 24 months.