Most of the people suffering from blindness or some other disabilities face different types of challenges in their lives. These challenges can be social and financial. If you are one of those, you can have Social Security disability insurance. You need to qualify for this insurance as there are certain criteria you need to meet such as the required work credits and more.
Your age must be equal to or more than 18. Your disability can lead to death. You have been disabled for more than a year or it is expected to last more than a year. And, you are unable to perform gainful and substantial activities and earnings.
Your disability can be physical or mental.
While you need to find a qualified Social Security disability attorney in Orlando to get personalized help, in this article, we will answer the most common questions you may have about Social Security disability.
1. What is the difference between Supplemental Security Income and Social Security Disability Insurance?
SSDI (Social Security Disability Insurance):
- Eligibility: Available to individuals who have worked and paid Social Security taxes for a sufficient period.
- Benefits: Based on your earnings record, the amount you receive is calculated according to your lifetime average earnings.
- Medical Coverage: You are eligible for Medicare after receiving these benefits for 2 years.
SSI (Supplemental Security Income):
- Eligibility: A need-based program for individuals with limited income and resources, regardless of their work history.
- Benefits: Provides financial assistance to help meet basic needs for food, clothing, and shelter.
- Medical Coverage: SSI recipients in Florida are automatically eligible for Medicaid.
2. How do I qualify for SSDI?
You must meet the following two primary criteria to qualify:
- Medical Condition: Your disability must meet the SSA’s definition, meaning it severely limits your ability to perform substantial gainful activity and is expected to last at least 12 months or result in death.
- Work Credits: You need 40 work credits in total. 20 of these work credits should be earned in the last 10 years.
3. What medical conditions qualify for SSDI?
Depending on your medical condition, you may automatically qualify for SSDI. You can check the SSA’s list of impairments to see if you qualify or not. These conditions include various physical and mental disorders. If your condition is not listed, you may still qualify if you can provide substantial evidence that your condition severely limits your ability to perform any substantial gainful activity.
4. How long does it take to get approved for SSDI?
The approval process can vary, but typically it takes 3 to 5 months to receive an initial decision. Factors affecting the timeline include the completeness of your medical records and the complexity of your case. If you need to appeal a denial, the process can extend to several months or even years. Appeals involve multiple stages, including reconsideration, a hearing before an administrative law judge, a review by the Appeals Council, and, if necessary, a federal court case.
5. What should I do if my SSDI application is denied?
You can re-appeal. The appeals process includes:
- Reconsideration: You can get your claim reviewed by a qualified Social Security disability attorney in Orlando.
- Hearing: You also have the option of hearing before an administrative law judge in case your claim is denied again.
- Appeals Council: If the judge denies your claim, you can request a review by the SSA’s Appeals Council.
- Federal Court: As a last resort, you can file a lawsuit in federal district court.
Hiring a Social Security disability attorney can significantly improve your chances of success during the appeals process. They can help gather additional medical evidence, prepare you for hearings, and provide representation.
6. Can I work while receiving SSDI benefits?
Yes, but there are limits. There is a trial work period allowing you to test your ability to work without losing your benefits. During this period, you can work for up to nine months (not necessarily consecutive) in 60 months while still receiving full SSDI benefits, regardless of your earnings. After the trial work period, if you continue to work and your earnings exceed the SGA limit (which is adjusted annually), your benefits may be suspended or terminated.
7. How much will I receive in SSDI benefits?
The amount you receive depends on your average lifetime earnings before your disability begins. The SSA provides an online benefits calculator to estimate your SSDI payments. Your monthly payment depends on the history of your earnings. However, you can receive a monthly payment between $800 and $1,800.
8. Will my family receive benefits if I am approved for SSDI?
Yes, in some cases. Your spouse, children, and even dependent parents may be eligible for auxiliary benefits based on your earnings record. For example:
- Spouses: A spouse can receive benefits if they are 62 or older or caring for a child under 16 or disabled.
- Children: Unmarried children under 18 (or up to 19 if still in high school) and disabled adult children can receive benefits.
- Family Maximum: The total family benefits are capped, typically between 150% and 180% of your SSDI benefit amount.
9. How often will my disability status be reviewed?
The SSA periodically reviews cases to determine if individuals continue to meet the eligibility requirements. The frequency of these reviews depends on the expected improvement of your medical condition:
- Medical Improvement Expected: Reviews occur every 6 to 18 months.
- Medical Improvement Possible: Reviews occur every 3 years.
- Medical Improvement Not Expected: Reviews occur every 5 to 7 years.
10. Do I need an attorney to apply for SSDI?
While it is not required to have an attorney, having one can significantly increase your chances of approval, especially if your case involves complex medical conditions or requires navigating the appeals process. A qualified Social Security disability attorney in Orlando can provide personalized assistance, help ensure all necessary documentation is properly submitted, and represent you throughout the appeals process if needed.
Conclusion
Understanding the differences between SSDI and SSI, knowing how to qualify, and being prepared for the application and appeals process are crucial steps. While this guide addresses some of the most common questions, consulting with a knowledgeable Social Security disability attorney can provide you with the personalized assistance and representation needed to successfully navigate your claim. By securing expert legal help, you can increase your chances of receiving the benefits you deserve.
