Who is eligible for Social Security Disability Income (SSDI)?
What is the difference between SSDI and SSI?
Can I work part-time and still collect SSDI or SSI benefits?
If I’m receiving benefits, can my family receive benefits too?
How long does the process take?
What happens if I’m turned down?
If I want an attorney to represent me, how much will that cost?
Who is eligible for SSDI?
To become entitled to SSDI benefits, claimants must meet certain minimum standards.
- They must have a “severe” physical or mental disability
- The disability must have lasted, or will last, at least 12 months
- They are unable to return to their past work or any other type of work
- They must have worked and paid into the Social Security system for 5 of the 10 years prior to becoming disabled
One of the important things to remember is that the SSA has very specific standards for determining who is sufficiently disabled as to be incapable of working. The SSA’s views as to who is “disabled” for purposes of SSDI, or what disabilities are deemed “severe,” may sometimes not correspond to generally held views. We at Dobbs Law can explain to you how these standards apply to your claim for benefits, and how the vocational and medical rules governing Social Security disability benefits work in your favor.
What is the difference between SSDI and SSI?
SSDI benefits:
- Claimants must have worked and paid into Social Security for the required amount of time
- Claimants’ assets are irrelevant to the determination
SSI benefits:
- SSI benefits are available to those who have never paid into Social Security, those who did not pay for the required period of time, or those whose work experience was too long ago to qualify for SSDI
- Claimants cannot have more than $2000 in resources (some assets are excluded from this calculation)
Can I work part-time and still collect SSDI or SSI benefits?
SSDI recipients can have a trial work period of nine months. During this period, benefits will not be affected. After nine trial work months are completed within a 60-month period (the trial work months need not be consecutive), the SSDI recipient’s earnings are reviewed to see if they exceed a certain limit, called the Substantial Gainful Activity (SGA) limit. If they do, after three more months, benefits will stop. If the SSDI recipient is still considered disabled, benefits can be reinstated anytime during a 36-month extended period of eligibility. Benefits will continue during the extended period of eligibility as long as the SSDI recipient continues to be considered disabled by the SSA and monthly earnings do not exceed the SGA limit.
SSI recipients can continue to receive benefits while working until the recipient’s earnings, plus other income, exceed the SSI income limits. If you’re not sure whether you qualify for Social Security disability benefits, call us for a free consultation.
If I’m receiving benefits, can my family receive benefits too?
Your spouse and minor children may be eligible for benefits. A disabled adult child may also be eligible, provided he or she became disabled prior to age 22.
How long does the process take?
Currently the Social Security Administration has a considerable backlog of disability cases. While the backlog varies from state to state and even from office to office within each state, you can usually expect to wait at least a year between the initial application and the time a hearing is scheduled. But be mindful that Social Security can take even longer to process your claim.
What happens if my initial application is turned down?
If your initial application is denied, you may appeal it. If the appeal or request for reconsideration is denied, you may request a hearing before an Administrative Law Judge. While many people contact an attorney only when they have been denied, or when they reach the hearing stage, we can represent you at the earliest stages of the process. It is in your best interest to have an attorney represent you at the earliest stage in the process. The attorney can then build your case from the ground up and manage the case to your best advantage.
If I want an attorney to represent me, how much will that cost?
Attorney fees for SSDI representation are on a contingency basis, meaning that you pay nothing unless you receive benefits.Attorney fees are governed by federal rules, which limit the attorney fees to 25% of any “back benefits” we obtain for you, up to a cap of $5,300 (this cap will be raised to $6,000 for cases resolved on or after June 22, 2009).
What happens at the hearing?
An Administrative Law Judge (ALJ) will be present, along with the government’s medical expert and the government’s vocational expert. If you have an attorney to represent you, he or she will be able to protect your interests, cross-examine the government’s experts, and argue your case from the facts and the law in the light most favorable to you.
