Social Security Disability or SSDI benefits provide you with a monthly income after you have been unable to work for 12 months. The crucial difference between SSDI and SSI relates to the number of years you worked full-time for five of the last 10 years. If you had FICA taxes withheld for five years during that ten-year span, you can apply to qualify for SSDI funds. If you weren’t able to work for that span at a W-2 job, you can still qualify for SSI or Supplemental Security Income, as well as state benefits depending on laws in your state.
Qualifications
To qualify for SSDI, you must be facing severe, long-term, total disability. Total disability means that you can’t hold a full-time job. Long-term means that the condition is expected to last for at least a year. Anything you’re currently earning will need to be reported. In 2020, if your income is more than $1,260 per month for sighted people and $2,110 for non-sighted (statutory blindness) people, your application will not be accepted.
How Do I Apply?
You can make your Social Security disability application online. You’ll also send in a Medical Release Form so that SSA can collect your medical records. Take care to review the Adult Disability Checklist to make sure you have all your documentation in order. Finally, if you’re not comfortable working on the computer, you can apply via telephone or TTY. You can also visit your local Social Security office in person to ask for application help. It’s a good idea to call and set up an appointment for this assistance. What you put on the application is important. You may think that you have a slam dunk case for disability but more than 65% of initial claims are denied. You should consider hiring a Social Security disability attorney before you decide to file the application.
How Long Must I Wait?
The initial decision usually takes between four and six months. The process can take longer if Social Security needs additional information and sometimes they wait to see how well your treatment works to make sure your condition will last at least 12 months before making a decision. Once approved, you may receive a back payment of benefits and ultimately a monthly payment. For SSDI there is a 5 month waiting period that begins the month after the month you were found disabled and you can be paid nor more than 12 months prior to the day you applied. For SSI benefits generally begin with month you applied. Be aware that if you are disabled, any income you make and the income of your spouse may raise your income high enough that you have to pay taxes on your SSDI income. Once you apply for SSDI, be ready to apply for state benefits as well to make sure that you have some cash coming in to help you stay afloat.
What If I’m Denied?
There are four levels of appeal after a denial. After the first denial, you can request a reconsideration of your application. You are allowed to submit new evidence to show that the initial decision was not correct. If you are denied at reconsideration, you can then ask an administrative law judge to hold a hearing on your disability application. Hearings are complicated legal proceedings and it is generally advisable that you have an attorney help you with the hearing. If the judge denies your claim you can appeal to the appeals council. The appeals council will review the judge’s decision to see if any mistakes were made. If the appeals council decides not to review your claim you can then file a lawsuit against the Social Security Administration in the United States Federal District Court. Understand that none of these are fast and that you may have to wait for years for your disability benefits. For example, just getting in front of an administrative law judge takes about two years or more.
What Does a Denial Mean?
Many first-time applications are denied. Don’t be defeated by a denial. Be ready to connect with someone at the Social Security office to help you make another submittal and pick up any new information you may have omitted in your first submittal. Understand that the Social Security Administration wins if you give up on benefits you’re entitled to. Keep fighting.
How Can a Lawyer Help?
Your Social Security disability application can be filed with the help of an attorney. If you get a denial and you don’t have an attorney you can hire an attorney who can help you appeal the denial. Attorneys help with getting the best information to the Social Security Administration and with building the best case possible.
The attorneys for Social Security disability at Barnes Disability Advocates help clients file applications and appeal denials. We have an experienced team of professionals that can assist you through every part of the disability process, from applying for benefits, to conducting a hearing before an Administrative Law Judge, to appeals to the Appeals Council and in the Federal Courts.
We can assist clients with all types of disabilities, including disorders like depression, anxiety, bi-polar disorder, PTSD, schizophrenia, and intellectual disability and physical disabilities like back pain, breathing disorders, heart conditions, cancer, arthritis, headaches, neck pain, COPD, skin disorders, and seizures. We even help with more difficult conditions like fibromyalgia, chronic fatigue syndrome, and rare or unusual diseases and conditions.
Can My Doctor Help?
Your doctor can assess your Residual Functional Capacity to determine whether or not you can hold a job. This assessment is critical in qualifying for your Social Security disability benefits because it establishes your specific work-related limitations in basic work activities. Your Social Security disability application will need to demonstrate that you are incapable of maintaining any form of employment moving forward.
Working with a Social Security disability attorney during the initial application process can lessen your chance of being declined and having to fight through an appeal. However, even with a Social Security disability lawyer, your application might be rejected. However, this shouldn’t mean you should give up. With the right guidance, you can get your application reviewed and approved to help you support yourself and your family.
Get results with Barnes Disability Advocates starting today!