Social Security Disability Insurance (SSDI) benefits exist to help people who can’t earn a living because of a disability. To be eligible for SSDI, people need to have a certain amount of work credits and have a medical condition that keeps them from working. Additionally, their disability must have lasted or be expected to last more than a year. If people don’t qualify for SSDI, they may be eligible for other programs, such as workers’ compensation or Supplemental Security Income.
Since 1936, Krasno, Krasno & Onwudinjo has helped hundreds of individuals apply for and secure benefits, such as SSDI. We respect the vulnerability of clients who come to us because they are injured and want our help. We seek to empower our clients as we take precise legal steps to try to connect them to the support they need, whether through disability or workers’ compensation programs.
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What Are Social Security Disability Insurance and Supplemental Security Income?
Social Security Disability Insurance (SSDI) and Supplement Security Income (SSI) are government programs that support people who cannot work due to age or disability. People may qualify for SSDI if they have sufficient work credits and are unable to work. In contrast, SSI is for people with limited assets who have a disabling condition that prevents them from working.
How Do I Know If I’m Eligible for Social Security Disability Insurance?
To determine if someone qualifies for SSDI, the Social Security Administration (SSA) looks at several factors. The person must have a qualifying disability that prevents them from working. Additionally, the individual needs to have enough work credits, which represent money and years someone contributes to the SSA.
You Have Enough Work Credits
People must have sufficient work credits to qualify for SSDI. People earn work credits as they earn money from their employment. Not all jobs qualify someone for SSDI. In most cases, the person must earn income through work where they pay Social Security taxes.
Depending on the situation, the SSA may require people to have paid into the SSDI system for a certain amount of time throughout their job. As the SSA explains, many applicants need 40 work credits, and they must earn 20 within 10 years after the person’s disability arises. However, the government may allow some young adults or children to qualify with fewer (or no) credits.
You Have a Qualifying Disability
People also need to prove they have a disabling condition that prevents them from working. To make this determination, the SSA looks at the following factors:
- How much the person can earn each month,
- Whether they can perform any job, and
- How long the disability lasts (or is expected to).
The person must not be able to earn money through a substantial gainful activity (e.g., employment). The maximum amount someone can earn and still qualify for SSDI changes yearly to account for inflation.
Additionally, the individual needs to show that they have a disability. The SSA has strict criteria that they look at to determine if someone has a qualifying condition. This includes the limitations they experience, such as not being able to sit, stand, or think clearly. Likewise, the SSA looks to see if the person may experience these restrictions for a year or longer.
How Do I Apply for SSDI?
You can apply for SSDI by submitting an application online or in paper form. The SSA requires applicants to give them information about their medical condition. This may involve sending health records to the SSA, participating in an evaluation, describing the condition, or a combination of these.
After receiving the application, the SSA may reach out to the person for additional information. For example, they may need them to resend forms or health reports. It’s common for people to have to submit multiple rounds of documents to the agency as they move through the application process.
After the SSA has all the required information, it may issue a decision or ask the applicant to attend a hearing. At the hearing, the person applying for benefits may need to answer questions and present arguments. If they have a Social Security Disability attorney, their lawyer would also be at this hearing and help them throughout the proceedings. After this meeting, the SSA may continue its investigation and, eventually, decide whether to accept or deny the application.
What Do I Have To Do To Keep My SSDI Benefits?
Once you secure disability benefits, you may need to meet ongoing reporting requirements. Part of this may include submitting updated health records to show you are still eligible for SSDI. In other situations, the SSA might ask you to participate in a reevaluation to see if your condition improved. The idea is that the SSA wants to ensure people continue meeting the criteria needed to receive these benefits.
What Can I Do if the Social Security Administration Rejects My Application?
If the SSA denies your disability application, you may be able to challenge this outcome. How you accomplish this depends on your specific situation. In some cases, you may have to ask the SSA to reconsider its decision. If they deny this, you may need to request another hearing. If this also ends unfavorably, you may be able to take other steps, such as filing a formal appeal or court claim. In some circumstances, it may be possible for people to reapply for benefits later on.
If I Don’t Qualify for SSDI, Can I Get Benefits Through Other Programs?
If you don’t meet the eligibility requirements for SSDI, you may qualify for other assistance programs. For example, if you were injured on the job, you may have a workers’ compensation claim. This system is an insurance policy that pays qualifying employees money to cover their medical bills and reduced income while they are hurt. Not every worker or injury qualifies; however, it may be worth looking into if a job-related accident is to blame for your condition.
Additionally, if you have limited resources and are blind, have a disability, or are over 65, you may be eligible for SSI. Like SSDI, these monthly benefits provide people with needed support. The requirements you should meet to receive payments differ slightly from those for SSDI. For example, the SSA will look at your resources (e.g., car or bank accounts) and income (e.g., wages or commission).
Krasno, Krasno & Onwudinjo: Our Fierce Disability Attorneys Can Help
Being without income because of a disabling condition can feel frustrating. You may need help paying for food, groceries, rent, medical care, and other necessities. Programs like SSDI are available to help qualifying individuals and families get assistance. However, the application process can feel confusing and complicated for people to do without legal help.
At Krasno, Krasno & Onwudinjo, we understand the struggles many people face as they are out of work for health reasons. Alan Lani has over 20 years of experience fighting for those trying to navigate the sometimes confusing steps involved in seeking benefits. With his rigorous attention to detail and impressive legal background, he has the tools to address many issues that arise during the application process.
If you need help applying for Social Security Disability, contact our team today by calling 844-243-4841 to schedule a free, no-obligation consultation.