If you were working before becoming disabled you could be eligible for Social Security Disability benefits. Social Security Disability (SSD), officially known as Social Security Disability Insurance (SSDI) is part of the Social Security Program which pays retirement benefits to retired people.
SSDI was created in 1956 to cover disability benefits to working people ages 50-65 who became disabled and could no longer work. The program was formed by the Social Security Administration (SSA) which originally provided federal retirement benefits. Since it's formation, the SSDI program has been expanded to cover any worker who put in enough hours to receive the necessary work credits. SSDI still does tend to favor older workers who have been working longer and have paid more into the system. This program is designed for people who have worked enough hours to qualify for benefits and is not based on need.
Sometimes referred to as workers disability, SSDI is a federal program that pays benefits to individuals who become disabled before they reach retirement age and are no longer able to work. These Social Security Disability Benefits can provide much needed financial assistance to individuals who find their careers cut short or significantly interrupted due to a serious injury, disability, or medical or mental illness. When you are a disability benefits client of Jackson Law Firm, PLLC, you can expect:
Applying for SSDI benefits can be a complicated process. You will need to provide considerable medical documentation in order to prove that you meet the criteria for Social Security disability benefits. The application process also requires you to prove that you have paid enough into the system to receive Social Security disability benefits.
The SSA will want to not only see the medical information documenting the condition that causes your disability, but you would also have to show how your disability impedes or prevents you from being able to work. The SSA recognizes certain conditions as disabilities in the Disability Evaluation Under Social Security. This publication is also known as the Blue Book. The SSA recognizes both physical impairments and and mental health disorders.
If you have one of the conditions covered by the Blue Book you will still need to demonstrate that you are unable to do the work you did before becoming disabled and that you are unable to do any other work. You will also need to show that your disability will last longer than one year, or even lead to death.
If your condition does not appear in the Blue Book you can still receive benefits if you can show that your condition prevents you from working or being able to take on alternative employment as with conditions listed in the Blue Book. Yow will also need to show the SSA that your condition is equal in severity the the conditions listed in the Blue Book.
Showing that you are disabled according to SSA standards is just one part of being able to receive SSDI benefits. You will also need to show that you have earned enough and have paid enough into the Social Security system.
The SSA bases your eligibility on your wages in the form of work credits. The credits are based on the amount that you earn. According to 2022 standards, you would earn accumulate work credit for every $1,510 that you earn up to a total of 4 work credits, based on earnings of at least $6,040. per year. You will have to accumulated the required work credits per year for 10 years out of the previous 20 years. For workers under 31 years of age, the amount of work credits per year and the number of required years are reduced.
For people who are unable to work due to a disability but don't have enough work history, Supplemental Security Income (SSI) may be available. SSI differs from SSDI in that it is need based and people who apply must have limited assets and income. SSDI is not need based so there is no limit on the assets you are allowed to own or on your non-employment income.
If you are approved for SSDI, the SSA will issue payments starting 5 months after the onset of your disability is considered to have occured unless your claim is filed more than one year after the onset of your disability. SSDI payments will accrue, but in most cases not be paid until the your application is approved. This can take up to 5 months or more. If your claim is denied and you appeal, the process can go on for another 2 years before you receive any payments. There are exceptions for the 5-month waiting period in certain situations such as End Stage Renal Disease (ESRD), blindness, or Amyotrophic Lateral Sclerosis (ALS or Lou Gehrig’s disease).
Since it may take longer than five months before the SSA approves your claim, you would be eligible for back pay for the months that you would have been able to receive the payments had your claim already been approved. This would include payments that would have been received starting after the 5 month waiting period and would include all of the intervening months. There is no limit on how many months of back pay would be received in the event your claim gets rejected but you eventually win on appeal.
You can also receive payments for disability benefits going back to 12 months prior to applying if you can show that your disability occurred at that time. This is known as Retroactive Pay. Even if your disability occurred more than 12 months prior to filing your claim, the limit for filing for retroactive benefits is 12 months. Also, this periood of time is still subject to the 5 month waiting period for benefits to become available. Back pay and retroactive pay are sometimes confused with one another but there is a difference between them.
Nationwide, roughly 2/3 of all first-time SSDI claims are denied by the SSA. The SSDI appeals process has 4 possible steps and can last up to 2 years. During this time you will not be receiving any benefits.
Even if you are certain that you submitted all of the necessary information for your application, you still have a 2/3 chance of having your claim denied.
Your chances of approval can however increase up to 3 times if you have the services of Social Security Disability Lawyer handling your SSDI application or appeal. A qualified Social Security disability attorney will be familiar with all current SSDI regulations, knows how the SSA works and what they are looking for when it comes to approving and denying benefits claims.
Apply For SSDI - Applying For Disability Benefits - SSDI:Back Pay vs Retroactive Pay - Expedited Claims - Social Security Disability Appeal - SSDI FAQ - SSDI and Medicare - SSDI and Retirement - Can I Get Disability After Workers Comp Settlement - SSI Benefits SSI vs SSDI - What Conditions Qualify For Disability? - Working While On Disability - SSDI and Mental Disability - Can Children Receive Disability - Can Veterans Receive SSDI - Disability Tips - SSDI Denials - SSDI Checklist -