Social Security Disability & SSI
Seeking Social Security Benefits for People With Disabilities
Applying for Social Security disability (SSD) and SSI benefits can be an intimidating prospect, given the complexity of the programs that are available. At the same time, you may need these benefits in order to replace the wages you can no longer earn on a regular basis.
Addressing Your Concerns About the Social Security System
Our goal is to make sure you understand what is happening to you and what to expect throughout every aspect of the process of applying for Social Security disability benefits. Our attorneys can address your concerns about any of the following:
Types of disability benefits: The Social Security Administration (SSA) administers several benefits programs, including Social Security disability insurance and Supplemental Security Income (SSI). Which program you should apply for depends on your work history and that of your immediate family members.
The Social Security process and timeline: All of the disability programs administered by the SSA have a similar process and timeline. Our attorneys guide clients through each step of pursuing Social Security claims, including the initial application, administrative appeals of initially denied claims, and federal district court appeals.
Types of medical conditions: Any medical condition — physical, mental, or emotional—that prevents you from working full-time can be used as a basis for disability benefits, such as spinal cord injury disability benefits, chronic fatigue disability benefits, etc. However, the proof necessary to prove you are disabled differs depending on the nature of your medical conditions. The lawyers at our firm have helped clients with many different types of illnesses, and know what is necessary to prove your case.
Frequent questions and misconceptions: The Social Security process and criteria are extremely complex, and our clients have many questions about what it takes to get benefits. There are also often rumors circulating that are false or misleading. For example, contrary to what you may have heard, you do not have to wait until you are disabled for a year before you apply. Our attorneys can clear everything up for you so you can make informed decisions.
Do I Qualify for Social Security Disability?
The Social Security Disability program is for people who cannot earn an income due to a disability. Two types of disability programs exist.
Social Security Disability Insurance (SSDI)
SSDI provides a monthly payment for individuals who have worked in the past but are now disabled and cannot work for a year or more. In order to qualify for SSDI, you must have worked for a sufficient time in a job that is covered by Social Security, and you must have a qualifying medical condition.
Work Requirements
To receive SSDI, you must have recently paid into the Social Security system prior to your disability. Paying into the system earns you credits toward SSDI. Earning credits requires a specific contribution amount, which varies each year.
In 2022, every $1,510 of income would earn you one credit. So after earning $6,040, you would have four credits, which is the maximum number of credits you can earn each year.
Once you earn 40 credits, you are eligible for SSDI monthly payments. However, 20 of those credits must have been earned in the past 10 years before your disability.
If you are younger and don’t have many years of work under your belt, you may qualify for one of the exceptions to the credit requirements. The federal government recognizes that workers get disabled when they are young and has made provisions. Our Social Security disability lawyers can help you determine your eligibility.
Qualifying Medical Condition
The Social Security Administration has a strict formula for determining whether a disability is a qualifying condition or not. In order to receive SSDI benefits, your disability must make it so that:
- You cannot engage in substantial gainful activity
- You are unable to work in your previous role or adjust to another
- You will be unable to work for more than one year
SSDI does not cover partial or short-term disabilities due to the federal government’s belief that individuals and families can find the resources to handle short, temporary disabilities.
Supplemental Security Insurance (SSI)
SSI covers disabled (and those over 65) individuals who have scarce resources and minimal work history. As stated above, SSDI caters to individuals who have long and recent enough work history to qualify for monthly payments. For those who do not, there’s SSI.
Qualifying for SSI with a Disability
To receive SSI payments based on a disability, your disability must:
- prevent you from engaging in substantial gainful activity,
- have a prognosis of death, or
- have lasted (or will last) longer than 12 months
This benefit is also available for minors if the disability causes severe functional limitations, has a prognosis of death, or will last longer than 12 months. Contact our Social Security disability lawyers for more information.
Working While Receiving SSDI or SSI
You are permitted to work while on SSDI and SSI. The federal government encourages you to try to get back to work. In fact, they have a few programs that help you return to the workforce.
Working on SSDI
The federal government offers a few incentives for you to return to work. They include:
- Continued cash payments while you work
- Universal health care benefits
- Resources to help with education and rehabilitation
If you do end up working on SSDI, you will start out with a trial period that lasts for at least nine months. During this period, your ability to work consistently and safely will be evaluated, and you will receive full benefits as well as what you earn from work.
When the trial period is complete, you are allowed to continue working for 36 months and receive benefits as long as you don’t bring in substantial earnings. If your payments cease because of substantial earnings, you’ve got five years to ask for a return to payments in case your disability prevents you from working once again.
Sometimes, people who return to work must incur disability-related expenses to help them return to the workforce. These may include a wheelchair, a vehicle, house and office modifications, and medications. You may be able to deduct these expenses from your earnings for the purpose of determining if your income was substantial.
Our Social Security disability lawyers commonly deal with individuals across Western New York receiving SSDI who would like to return to work. They are adept at answering any questions you might have on getting back to work and the implications and consequences.
Working on SSI
As with SSDI, you can work if you’re receiving SSI. However, once the total of all of your income sources reaches a certain level, your SSI payments will stop. Each state determines its specific income cut-off level.
If the SSA ceases your SSI payments due to excessive income, you can have them reinstated if your disability once again prevents you from performing your job. And as with SSDI, your return-to-work and work expenses related to your disability can often be deducted from your income.
Social Security disability lawyers at Hiller Comerford Injury & Disability Law help their clients keep track of important expenses and keep them abreast of SSA regulations. With a competent attorney on your side, you have the peace of mind that your application is compliant and your benefits secure.
Types of Disability Benefits
Understanding Disability Benefit Programs
The Social Security Administration handles several different federal disability benefit programs. Our experienced attorneys can help you sort out which programs might apply to you, apply for benefits, and appeal your case if your application is denied.
If you have become disabled, you may be confused about what programs are out there and which ones you may qualify for. Our experienced disability benefits lawyers at Hiller Comerford Injury & Disability Law can help you sort out your options and discuss whether you are eligible for any of the following:
- Social Security disability (SSD) insurance benefits: These benefits are available to people who have paid enough FICA taxes into the system, and have since become disabled from working.
- SSD when you are 50 or older: SSD is available to everyone who meets the eligibility requirements regardless of age, but certain criteria for proving inability to work are relaxed for older applicants.
- SSD widows and widowers benefits: If your spouse was eligible for SSD and has died, you may be entitled to disability benefits on his or her record if you have become disabled within seven years of the date of death.
- SSD adult child benefits: Children of people who are eligible for SSD, deceased or retired may be entitled to benefits if they became disabled before the age of 22.
- SSD benefits for dependents: If your SSD claim is successful, you may be entitled to an additional monthly amount to help you care for your minor children or certain other dependents.
- Supplemental Security Income (SSI): If you are not eligible for SSD on your own or a family member’s work record, you may be eligible for SSI. These benefits are available to disabled adults who can demonstrate financial need.
- SSI benefits for children: The SSI program is different for children than it is for adults. Children can get SSI if they have disabilities that seriously impact their ability to function, and if they meet financial eligibility requirements.
- Veterans disability benefits: Veterans who have honorable or general discharges with a service-related disability may be eligible for benefits provided by the Department of Veterans Affairs.
- Long-term disability plans: In addition to federal government benefits, many people have employer-sponsored or privately purchased disability insurance. We help clients apply for long-term disability benefits and appeal denied claims.
We guide clients through all stages of the Social Security process. The knowledgeable lawyers at our firm can answer any questions you may have about Social Security disability benefits.
- The Social Security Disability Application Process
- Frequently Asked Questions About Social Security Disability
- Social Security Disability Contact Form
If you are considering applying for Social Security Disability benefits, or if you are in the midst of appealing a denial of benefits, it is important to understand the Social Security Administration’s approval process. In addition to meeting the definition of “disabled” and fulfilling the earnings requirements that the Social Security Administration dictates, you must present a convincing and organized claim. An experienced Social Security Disability attorney from Hiller Comerford Injury & Disability Law can offer insight and guidance in your pursuit of benefits.
“Disability” Under Federal Social Security Law
To qualify for Social Security disability benefits, an individual must be completely disabled. While some other insurance or employee benefits programs may cover people who are partially disabled, the Social Security program says that a qualifying disabled person must be unable to engage in any productive work, whether it is the type of work the person did before or some other gainful employment that the person might perform.
The disability must arise from a serious medical condition. The condition must be expected to last (or have lasted) for at least one continuous year or end in death.
The condition must be medically determinable. According to Social Security Administration guidelines, this means that the condition has been diagnosed using medically acceptable techniques. Whether the condition is mental or physical, the individual’s reporting of symptoms is not enough. Specific medical evidence must back up the claim.
With a mental or psychiatric condition, the impairment can be more difficult to demonstrate. The individual must have significant symptoms. These symptoms may include difficulties with behavior, memory or thought. Again, self-reporting of symptoms is not enough; there must be medical diagnoses or test results to support the claim.
The standards for proving a disability that makes you unable to work can be stringent and complex. An experienced Social Security disability attorney can help you sort out what you need to show and whether you are likely to be regarded as disabled.
Work Requirements
To qualify for Social Security Disability Insurance (SSDI), a person must have a certain work history. The work history must include recent work and sufficient earnings. This is because Social Security Disability is an “insurance” program. It works like the Social Security retirement income program: you satisfy part of the requirement when you contribute money through your taxes. (Supplemental Security Income (SSI), on the other hand, requires not a specific work history but a limited amount of resources, plus disability.)
The tests are based on how many work “credits” you have earned — for each quarter of a year worked at a certain earnings level, you earn one credit. Some spouses, former spouses, widows/widowers and children are eligible based on their spouses’ or parents’ work history.
The Recent Work Test
The recent work test looks at how old the individual was when he or she became disabled and how much the individual worked in the years immediately preceding the disability’s onset. The rule requires different levels of recent work depending on the age of the individual when the disability began. Generally, once a person turns 31, Social Security looks at the past 10 years and whether the person worked during at least half of the quarters during that time.
The Duration of Work Test
The individual also must meet the duration of work test. This test looks at whether a person has worked long enough over time to earn enough work credits to qualify for Social Security Disability benefits. This work does not have to be recent. Some blind workers only need to meet this prong of the test.
The Decision Process
Following the receipt of the application, a federal Social Security Administration representative will review the information. If the representative is satisfied that the application meets certain basic criteria, the application and evidentiary materials will be forwarded to a state agency that is charged with making a decision regarding the disability benefits application. The state agency may develop the file further by gathering more medical or vocational evidence.
Social Security uses a five-step process to determine whether the applicant should receive benefits, asking:
- Whether the applicant is working
- Whether the medical condition is severe enough to render the applicant disabled
- Whether the impairment is on a government list of impairments granting automatic disability status (if the impairment is not on the list, that does not necessarily disqualify the applicant)
- Whether the applicant can do the work he or she did before
- What other types of work the applicant can to do
The state agency will return the file to the federal Social Security Administration with its recommendation. The SSA almost always adopts the state agency’s disability determination.
After considering all other eligibility questions, the SSA will mail the applicant a notice of its decision.
Appeals
The applicant has the right to appeal the decision. The first appeal is a reconsideration of the initial denial, typically a review by a new person of the written evidence and any additional evidence. Under a pilot program in some states, including Missouri, the reconsideration step has been eliminated and applicants go right from an initial denial to a hearing with an administrative law judge. After reconsideration, the next appeal goes to an administrative law judge for a hearing. Following this stage, the applicant has a right to appeal to the Social Security Appeals Council. Finally, the applicant may appeal to the federal courts. An attorney can offer valuable assistance in the appeals process.
Social Security Disability – Resource Links
The U.S. Social Security Administration (SSA) is dedicated to protecting individuals’ economic security through programs including Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
Look here for useful information from the Social Security Administration (SSA) about Social Security Disability benefits and how to apply for them.
The U.S. National Library of Medicine and the National Institutes of Health provide health information and numerous other resources for people with disabilities.
Centers for Disease Control and Prevention (CDC): Disability
The CDC and the Office of Minority Health and Health Disparities (OMHD) provide this informative Web page with disability demographics and resources for people with disabilities.
What You Should Know before You Apply for Social Security Disability Benefits
The Social Security Administration answers frequently asked questions about Social Security Disability benefits.
The Legal Information Institute (LII) offers extensive information on Social Security, including the text of the Social Security Act.
U.S. Department of Labor (dol.gov)
The U.S. government provides a central location for resources for the disabled and their loved ones.
Consortium for Citizens with Disabilities (CCD)
The Consortium is a coalition of about 100 U.S. disability organizations striving to protect the rights and empowerment of people with disabilities.
Americans with Disabilities Act (ADA) Home Page
The ADA protects most workers from discrimination based on their disabilities.
Social Security Online explains how to work with an attorney or other representative during the Social Security Disability benefits application process.
Social Security Disability Misconceptions
Providing Accurate Information About Disability Benefits
The rules and regulations governing the programs that make up the Social Security disability (SSD) and SSI benefits system can be complex and confusing. In addition, there are many rumors and misconceptions going around about these programs.
At Hiller Comerford Injury & Disability Law, we help clients understand their options. Contact us to set up a free consultation with a knowledgeable attorney.
Responding to Misunderstandings About SSD
Many people have misconceptions about SSD eligibility and related issues. Some of the most frequent ones we come across with our clients are:
- I should get SSD because I can’t do my job anymore: To get SSD, you need to show that due to your disability, age and experience, you cannot do any job, not just your past work.
- I should get SSD because nobody will hire me: SSD is based on your ability to complete work-related tasks. Being a victim of discriminatory hiring practices or a bad economy does not qualify,
- I’m too young to get SSD: You can apply for SSD at any age. We have had several clients in their 20s, and the average age of our clients is 47.
- Mental disability is too hard to prove: If you have a mental illness that puts limits on your ability to function, your claim is just as valid as a claim based on physical illness.
- I can’t get SSD due to an alcohol or drug problem: Addiction itself is not a disability, but many people with addictions have underlying disabilities that can qualify for SSD.
In addition to providing information about SSD and SSI, our law firm assists people who have questions about veterans benefits and other disability benefits that may be available.
Our goal is to make sure your decisions are based on accurate information. Contact us to learn more about your disability benefits options.
Frequently Asked Questions About SSDI and SSI
Our team of Social Security disability lawyers frequently get questions covering a broad range of issues. Listed below are a few of the common inquiries they receive.
Can Social Security Disability Lawyers Help Me Increase My Award?
Your Social Security benefit is a fixed amount that does not increase based on the severity of your injury. In other words, if your disability worsens, your benefit will remain the same.
With that being said, there are two instances when your award will change: cost of living adjustments and recalculations of benefits. Cost of living adjustments occur each year and are controlled by the SSA. The purpose of these readjustments is to make sure the benefit payment reflects the changes in the cost of living that have occurred in a year.
For individuals on SSDI, Social Security disability lawyers at our firm can help with a recalculation of benefits, which is another way to increase an award amount. The recalculation will only occur if an error was made or there were past wages not previously used in the first benefit calculation.
What If My Application Is Denied?
Denial of benefits is not uncommon. Our Social Security disability lawyers routinely help clients fight to get desperately needed benefits, and we frequently win. If your application for benefits is denied, then you may have recourse.
Your first option is to file an appeal, and an individual not related to the first review of your case will look at your complete packet and make a decision. If they reject the application as well, there are still three more levels of appeals available: administrative law judge, appeals council review, and federal court review.
How Long Can I Collect Social Security Disability Benefits?
Generally, you will continue collecting Social Security benefits as long as your qualifying condition continues. Keep in mind that all persons receiving disability payments must update the SSA with any improvement in their condition in a timely manner. Failure to do so could result in loss of benefits, restitution, and criminal charges.
If you are having issues with failure to report a change in your condition or are unsure about reporting requirements, feel free to reach out to our Social Security disability lawyers for a free consultation to discuss your case.
How Are Benefits Paid?
If you applied for benefits after May 2011, then you’ll be getting your payments deposited electronically. The payment date is determined by the birthdate of the person receiving the primary benefit.
At Hiller Comerford Injury & Disability Law, PLLC, our attorneys offer skilled guidance through the process. We have successfully represented thousands of clients. We are a full-service law firm and can handle all of your needs, from personal injury claims to getting you Social Security benefits in a timely manner.
For a free consultation with a knowledgeable attorney, contact us today. We are generally able to schedule appointments within one business day. We will charge no fees unless we succeed at helping you get benefits.
We give individualized attention to every client, so if you have any questions about the Social Security disability process — and/or private long-term disability benefits — don’t hesitate to contact us to discuss your case with an experienced social security disability lawyer.
Recent Review
“I am a Marine Corp veteran who turned to the Law Offices of Kenneth Hiller for help and assistance with filing a disability claim. Even though I am a college graduate I still couldn’t fully understand the process. The attorneys who represented me treated me with kindness and patience. They helped me understand the process and the results were very favorable.” – Jason Watson