The Social Security Administration defines disability as the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or is expected to last for a continuous period of not less than 12 months."  Click here to get your free disability case review immediately.

What is Social Security Disability Insurance, SSDI, Disability Insurance Benefits and DIB?

These are common terms for the Title II Social Security Disability program that provides monthly and Medicare benefits.  Generally, you must have worked five out of the last ten years, unless you are under 31 years of age, or are blind.

What is Title XVI or Supplemental Security Income benefits (SSI)?

These are monthly benefits and Medicaid paid to disabled individuals who are low-income individuals or families whether or not the disabled individual has worked in the past.  SSI child's benefits are paid to poor disabled children who are under 18 years old and to their parents or guardians. 

Who is eligible for Social Security Disability Benefits?

If you worked at a job for the required years covered under the Social Security Act, and become disabled, you may qualify for Social Security Disability benefits.

Your disability may be due to physical problems, emotional conditions, or both.  SSA grants benefits if you have a disability that is severe enough to keep you from working in any regular paying job for at least 12 consecutive months, or if your disability is one that can result in death.

Your doctor must state that you are disabled based on medically acceptable clinical and laboratory findings.  This means that the doctor must provide evidence to support the opinion.  Many disabling conditions are difficult to diagnose with laboratory findings.  In cases like that, it is your representative or attorney that must present your doctor's opinions and reports properly to persuade officials that you are entitled to benefits.

What is the process for determining whether I am disabled?

The Social Security adjudication process for deciding whose disabled contains complicated rules, law, program operating instructions, exceptions, court decisions and federal regulations.  See Evaluation Process.  

Can I apply for Social Security Disability or SSI?

Anyone may file for an application for Social Security Disability benefits, but SSA denies most applications.  Disabled claimants that are represented by experienced representatives win cases much more frequent than those who apply for benefits without professional assistance.   

SSA has complex, difficult and time-consuming rules and processes.  Even SSA cannot manage their disability process.  The Government Accounting Office (GAO) designated the Social Security Disability program as a high-risk program.  Forms are complicated.  Waiting times are long.  Decisions are often incorrect.  Records are lost or misplaced.  Appeals are rampant.  Judges are overworked.  Officials are frustrated benefits denied or delayed.  We want to increase your chances of winning your case and eliminate some of the stress connected with the process.   

How much money do I receive in monthly payments?

The monthly rate is based upon your previous earnings.  The more money you make, the higher the monthly payment to you.  The average Social Security Disability check is about $880 per month.   

When should I apply for Social Security Disability or SSI?

As soon as your doctor tells you that you have a severe disability that is expected to last for at least a year or a disability that may result in death. 

Can I work and receive Social Security Disability?

Yes, but you must immediately tell SSA about your work activities. There are special rules that govern work activities depending on whether you are a claimant or a beneficiary.     

Is my family entitled to Social Security Disability benefits?

Dependent children under 18, and those living with you who attend high school may be entitled to Social Security Disability benefits.

I receive Social Security Disability Benefits, but I cannot live on this amount.  Can I get more money from the state or Social Security?

Perhaps, if your monthly rate is below the state poverty line, you may be entitled to additional state funds. 

How long will I receive Social Security Disability Benefits?

Until the Social Security Administration completes a Continuing Disability Review (CDR) and finds evidence of medical improvement, or you regain your ability to return to work.

As a mother with children, I stay at home and have not worked in a few years; can I get Social Security Disability Benefits and/or SSI?

If you were employed five out of the last ten years under Social Security before becoming disabled, you have enough earnings for benefits.  If you are 31 years of age or less, the requirements are less since such individuals have not worked for a long time.  Unless an individual has been staying home and taking care of their children for a long time, it is possible that they will qualify for disability benefits based upon their previous earnings.  In addition, poor homemakers can qualify for Supplemental Security Income (SSI) even if he or she has never worked in the past.

I am presently collecting early retirement.  Does being disabled entitle me to collect some Security Disability Benefits and/or SSI?

Depends, but most likely, if it is proved that your disability began before you “elected” to retire; you may be entitled to benefits. 

How can I increase my chance of winning my Disability and/or SSI benefits?

Individuals who retain representatives with significant Social Security Disability experience are more likely to win than those without an advocate.  The Social Security Act permits both non-attorneys and attorneys to practice social security disability law and serve as representatives in proceedings before the Social Security Administration.  Attorneys are not necessarily better representatives than non-attorneys.  In fact, some easily confuse disability program expertise with the practice of law.  When selecting a representative, examine their background and disability expertise.  By hiring an advocate, you reduce the stress of dealing constantly with SSA and you increase the chance of winning. Usually, you pay no legal fees unless you win, and even then, the legal fee is limited to the amount approved by SSA.  Because most individuals are denied at the initial level, it is important that you immediately file an appeal to protect your status. Some claimants hire us from the start. Call us and have an experienced disability program expert or disability examiner evaluate your case. 

Does having a representative help my Social Security Disability and/or SSI case increase my chances of winning?

Absolutely, claimants represented by an experienced representative are more likely to win. A representative knows what evidence is needed for your case.  We get paid fees only if you win.  Click here to get your free disability case review immediately

Can I receive workman's compensation and Social Security Disability benefits?

The Social Security Administration reduces your disability benefits, if you receive worker's compensation benefits that are calculated into your claim, and it depends upon the type of worker’s compensation that you receive.

What diseases are considered for Social Security Disability benefits and SSI?

SSA considers all diseases and their disabling effects, the length of illness, and likelihood of improvement.  SSA considers learning disabilities and other neurological conditions.  It is important that your representative or attorney have experience handling the types of disabling problems that you may have. 

Must your condition be “permanent" to get Social Security Disability benefits and/or SSI?

No, if you are disabled for one year or more you may qualify.  The words permanent and temporary are terms of art for doctors and many programs.  It is possible to have a “temporary” impairment and qualify but it is also possible to have a “permanent” impairment and not qualify for benefits.