Social Security disability is all about your ability to work.
In most cases about ability to do any kind of work. It is not about, “Nobody will hire me.” “There are not any jobs like that.” Or, “I don’t have any skills and can’t pass a physical.” An experienced Social Security disability attorney or representative can explain the rules to you.
Applying for SSD benefits can be done online, by phone, or in person at a local Social Security office.
The process requires detailed information regarding your disability, work history, and essential personal information. We recommend being as thorough as possible on the application because your eligibility will be determined by the information you provide. You want to provide every detail about your condition to give the SSA the most accurate portrayal of the case.
Unfortunately, the process can take several months, so if you think you may be eligible, get your application in as soon as possible.
Various factors determine the time it takes to get approved for SSD benefits.
These include the complexity of your case, the medical record requests, and the current backlog of patients at the SSA. While the average processing time is 3-5 months, receiving a response to your claim can take two years or longer. During your application processing period, we recommend updating your medical information if anything changes and responding quickly to requests for additional information.
SSD payments are determined by earnings, disability, and other sources of income.
In 2024, the average monthly benefit amount was $1,909; however, you could be entitled to more or less depending on your specific circumstances.
There are instances where you can work and receive SSD benefits.
However, there are strict limitations on how much income you can earn. In 2024, the highest amount you could make while on disability was $1,550 per month if you weren’t blind and $2,590 per month if you were blind. Earning more than the threshold for substantial gainful activity (SGA) would incur benefits being reduced or halted. However, various work incentives and programs can transition you back to work while receiving benefits through SSD.
You have the right to appeal a denied SSD claim.
The first step is to file a request for reconsideration through the SSA, gaining a perspective from an individual uninvolved in the initial denial. If your claim is denied by the SSA, the next option is to take the case before an Administrative Law Judge. You’ll have the opportunity to present your case for disability during the hearing.
If your case is denied again, you can request a review from the Appeal Council. A denial from the Appeals Council leaves you with one final option – file a lawsuit in federal court.
One way to make sure you are doing everything you can to move the process along is hiring an SSD attorney.They will help you in all stages of the process and do everything in their power to help your case. The appeals process can take a while, so be patient and ensure you are responding to requests in a timely manner.
As you can see, the process is extremely complicated and can be overwhelming. To ensure you are doing everything possible to move to process forward, we recommend hiring an SSD attorney. They will help you move through the appeal’s process using their experience to do everything they can to help your case.
Yes, everyone receiving SSD benefits is subject to periodic reviews.
The frequency is determined on a case-by-case basis considering the specific condition and the likelihood of recovery. After a review, the SSA can determine if your condition has improved enough to enable you to return to work. In this case, your benefits would be reduced or stopped altogether. However, if your situation remains, you will be entitled to continue receiving benefits.
The SSA usually reviews cases every 3-7 years but could be more frequent if your case is deemed improvable. We recommend keeping the SSA updated on any changes to the status of your disability or work status to ensure benefits aren’t interrupted.
If your condition has improved so you can return to work, the SSA may provide incentives or programs to help you transition back into the workforce. In certain situations, you’ll still be able to receive benefits during the transition period.
Going back to work after receiving disability benefits is complicated, but thankfully several programs from the SSA transition people back into the workforce, including:
• Ticket to Work Program
• Trial Work Period
• Extended Period of Eligibility
Under the Trial Work Period, you can work up to 9 months without losing SSD benefits. Your benefits won’t be reduced during this time, regardless of how much money you make. If you are still disabled after nine months, you will continue entitlement to your help. However, earning more than the substantial gainful activity (SGA) threshold will reduce your benefits while still being considered disabled.
After the Trial Work Period has ended and you are still receiving benefits, you enter the Extended Period of Eligibility. This period lasts 36 months, in which you will receive benefits for all months you earn less than the SGA threshold. If you make more than the allotted amount, your benefits will stop for that month.
If you cannot work because of your disability, you can request reinstatement without filing a new application, known as Expedited Reinstatement.
Navigating the process of going back to work after receiving SSD benefits is challenging. We recommend consulting with a Social Security attorney before returning to work.
Eligibility for SSD and SSI are determined by the SSA using the following process:
1. Application – After you file the initial application, the SSA will review your case, determining if you meet the essential eligibility criteria.
2. Medical Evaluation – Once essential eligibility criteria are met, the SSA evaluates your medical condition. Using a complex 5-step sequential evaluation process assessing severity, your ability to perform basic work tasks, and whether the condition prevents you from working, the SSA will determine if your situation meets the definition of disability.
3. Residual Functional Capacity (RFC) Assessment – Next, you will be evaluated on your RFC or ability to perform work-related physical and mental activities.
4. Vocational Evaluation – The SSA then determines your ability to work in your past job or any other significant job in the US economy. Your age, education, work experience, and RFC are all considered.
5. Benefits Determination – Finally, based on the results of the medical, RFC, and vocational evaluations, the SSA will determine if you are eligible for SSD or SSI benefits.
Navigating the application process is highly complex and can take months, if not years, to receive a decision on your claim. That’s why we recommend providing as much information as possible to the SSA, allowing them to evaluate your eligibility status accurately.
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are often confused because they provide similar support for people with disabilities.
There are substantial differences in who qualifies and how they are funded.
SSDI provides disability benefits to individuals that have paid into Social Security through payroll taxes. Eligibility for SSDI is determined if you’ve earned a certain number of work credits based on your work history and how much you’ve paid into Social Security. To give you an idea of an SSDI payout, the average amount in 2024 was $1,909.
SSI is a needs-based program. Benefits are directed to those with low income, permanent disabilities, and people over 65, not just workers who have paid into Social Security. To qualify for SSI, your assets and income must fall under a threshold outlined by the federal government. Your monthly SSI payment will be based on your income and resources; the average rate in 2024 was $943 per month.
The source of funds is also a significant factor that separates the programs. SSDI is paid through payroll taxes, while SSI is funded with general tax revenue. In addition to differences in funding, SSDI recipients must wait 2 years to be eligible for Medicare, while SSI recipients are immediately eligible for Medicaid.
Medical conditions severe enough to prevent you from working for at least 12 months or resulting in death qualify for SSD benefits.
The SSA has a list of conditions considered disabling in what they call the Blue Book. The Blue Book lists impairments from all bodily systems, including respiratory, cardiovascular, neurological, musculoskeletal, genitourinary, hematological, skin, endocrine, mental, digestive and immune system disorders. The book also lists congenital disorders that affect multiple systems, special senses and speech, and cancer (malignant neoplastic diseases.) Each condition recorded in the Blue Book has corresponding criteria required to qualify for SSD benefits.
If your condition isn’t listed in the Blue Book, don’t worry. You aren’t automatically disqualified from SSD benefits. Instead, the SSA evaluates each case, assessing your medical condition’s severity and how it affects your ability to work to determine eligibility.
An SSA review also considers the statements provided by the physician giving the diagnosis. In addition, they will also look at relevant medical evidence you provide. Therefore, we recommend being as thorough as you can and providing as much medical information as possible to help the SSA accurately determine eligibility.