Frequently Asked Questions
What is the difference between Social Security Disability Insurance and Supplemental Security Income?
Social Security disability (SSDI) is awarded to disabled people who have generally worked five of the past ten years and have paid a Social Security tax on their income. The work requirement can be waived for applicants under age 22.
Supplemental Security Income (SSI) payments are made on the basis of financial need to adults and children who are disabled, blind, or have limited income and resources. Whereas Social Security disability (SSDI) is funded from the Social Security tax, Supplemental Security Income (SSI) is financed by general tax revenues.
When Should I Apply For Disability Benefits?
If you believe you qualify for disability benefits, you should contact us to file your application as soon as your disability keeps you from going to work. This shows that you are suffering financial hardship due to your disability. Delaying a claim alerts the Social Security Administration that you may not be so disabled that you are unable to work, or that you are earning over the threshold for substantial gainful activity.
How long do I have to work to qualify for SSDI?
The amount of years worked that is necessary to qualify for disability benefits depends on your age. Social Security quantifies your work history in terms of work credits. Typically, you will have needed to worked 5 of the last 10 years to have enough work credits to quality for Social Security Disability Income (SSDI). Usually, you need 20 work credits earned in the last 10 years.
How does the SSI/SSDI process work?
Being evaluated by Social Security for disability is a 5-step process:
Are you currently performing Substantial Gainful Activity (SGA)?
If you are working above a certain threshold, you may not be eligible for benefits.
Do you have “severe” impairments?
Do you have impairments that limit your ability to work or perform your activities of daily living. If yes, continue to Step 3.
Do you qualify for a “Listing”?
If you meet strict medical criteria for certain impairments, you may meet or equal a listing. If you meet or equal a listing, your case will be approved. If you do not meet or equal a listing, continue to Step 4.
Can you perform any of your past work?
Can you perform work that you have performed in the last 15 years? If the judge finds you can perform past work, this results in a denial. If the judge finds you cannot perform past work, continue to Step 5.
Is there any other work in the national economy that you can perform?
If the judge finds there is work in the national economy you are able to perform despite your impairments, your claim will be denied. If the judge finds that your impairments preclude you from performing any work in the national economy, your Claim will be approved.
Why Hire a Disability Representative?
The most important reason to hire an attorney to help with your disability case is that your chances of being approved are significantly increased. While it's certainly true that some people who apply on their own are approved for benefits, statistics show that, everything else being equal, Social Security is more likely to approve an applicant who's represented by legal counsel than one who isn't.
What is the fee for claim representation?
We do not charge you any money out-of-pocket and our fees are contingent. The Social Security Administration regulates all fees for representatives and most advocates limit their fees to 25% of the retroactive award recovered for the claimant. The Social Security Administration will pay your advocate directly from your retroactive award. No fee is owed for claimants who do not win their case.