About 61 million adults in the US have some form of disability. That’s more than a quarter of all adults in the country.
Of all adults living with disabilities, over 50 percent are within the prime working age. As a result of their disability, many of these adults are unable to work. This leads to feelings of helplessness and depression for many disabled people.
Thankfully, the Social Security Administration provides some form of relief by allowing eligible people to access certain disability benefits. These benefits are referred to as SSDI benefits.
But exactly what are SSDI benefits? How do you know if you are eligible? How can an SSDI benefits lawyer help you access your SSDI benefits?
If you’re asking yourself these questions, you’ve come to the right place. In this comprehensive guide, we’ve compiled everything you need to know about SSDI benefits so you can make an informed decision.
Read on to learn more.
What Are SSDI Benefits?
Social security disability insurance (SSDI) refers to an insurance program that provides monthly social security disability payments to Americans under the age of 65 who have sufficient work credits and qualifying disabilities.
It’s a federal payroll tax-funded insurance program and is managed by the SSA. Eligible people begin to receive SSDI benefits five months after the onset of the disability.
How Much Are You Eligible To Receive in SSDI Benefits?
The total amount of payment you receive is based on your earning history. In 2021, the estimated average monthly social security benefit is $1277 for disabled workers who have no children. Disabled workers with a spouse and children will receive $2,224 per month.
Eligibility for SSDI Benefits
As we hinted earlier, only eligible disabled people can receive SSDI benefits. For one to qualify, they must have worked in a job covered by Social Security. Next, your medical condition must meet Social Security’s definition of disability.
Generally, people who receive payments are unable to work for at least a year due to their disability. These benefits continue until the person is able to resume work on a regular basis. You’ll also receive continued health care coverage in addition to benefits to help make the transition back to work as smooth as possible.
If you’re still receiving SSDI benefits when your full retirement age reaches, the payments automatically convert to retirement benefits. However, the amount you receive does not change.
In the following section, we get more specific on qualification requirements.
The Amount of Work Required
People who qualify for SSDI benefits must have worked long enough and recently enough on a job covered by Social Security. You must have earned the required number of Social Security work credits.
Generally, you’ll need 40 work credits to qualify. Half of these credits must have been earned during the last 10 years up to the year you suffered a disability. A person can earn a maximum of 4 credits per year.
The SSA allows younger workers with fewer credits to qualify. Work credits aren’t based on yearly wages only. Self-employment income is also allowed.
SSA’s Definition of Disability
It is not enough that you have a disability. That disability must meet SSA’s definition of disability for you to be eligible for SSDI benefits. Under Social Security, this definition is quite different from that of other programs.
Only individuals with total disability can receive payments. Social Security doesn’t pay for partial or short-term disability.
Under SSA’s rules, you are disabled if you can’t do the job you did prior to the disability. In addition, your disability makes it impossible to adjust to other work. Moreover, your disability is expected to last for one or more years or has already done so, or the disability may lead to death.
As you can see, Social Security’s definition of disability is quite strict. That’s because the program’s rules assume that a working family has access to alternative resources of income to support you and your family in periods of a short-term disability.
Resources that can provide you support during such times include insurance, workers’ compensation, investments, and savings.
How Do You Apply for SSDI Benefits?
As soon as you’ve become disabled, consider applying for SSDI benefits right away. That’s because the application process and the waiting period can take a considerable amount of time, based on your specific case.
In most cases, people wait several months before receiving a decision. Most applications encounter an initial rejection, which tracks the application an additional several months for those who pursue a reconsideration. If you’ve received a denial letter, you can appeal the decision within 60 days.
To apply, visit or call your local Social Security Office. Expect the application to take a while. To speed things up, gather the necessary documents beforehand.
Among the documents you need are:
- Names of your job titles and employers
- Pay stubs from the last six months if you were employed
- A copy of your latest tax return
- Medical documents from therapists, doctors, etc
- A document from a health professional stating you won’t be able to work for at least a year
- Names of any medications you’re taking currently
- Recent lab tests if you have any
As soon as the SSDI representatives review your documents, they’ll decide whether you qualify for SSDI benefits or not.
Should You Hire a Social Security Disability Lawyer?
While it isn’t mandatory to hire an SSDI benefits attorney to access your SSDI benefits, it’s always a good idea to do so. As you’ll find out, the application process for SSDI benefits can be quite complicated. Working with a lawyer who’s knowledgeable in Social Security Disability law can improve your chances of getting approved.
A good place to find the right attorney for you is online. Reputable law firm websites such as www.heardandsmith.com can help you connect with attorneys capable of helping you access the SSDI benefits you’re entitled to.
How Will the Attorney Develop Your Medical Evidence?
Your SSDI lawyer will first ask for the documents they need to build up your case. In particular, the attorney will want to see the relevant medical documents you’ve already gathered from the medical facilities you’ve visited so far. These documents must be presented to the SSA at the appropriate time before your hearing starts.
During the initial meeting with your lawyer, you may need to sign a medical privacy release. This release allows your lawyer to access your private medical records. Typically, the attorney pays for the records and bills for the cost once your case ends.
After reviewing your medical records, your attorney may recommend additional tests. The medical examination may be done by an SSA doctor after a consultative meeting with the SSA. Alternatively, you can request to do the testing on your own.
Your lawyer will determine which medical experts to ask for statements supporting your functional limitations. They’ll also decide which medical records are most relevant to be submitted to the judge hearing your appeal. In case there’s bad evidence that might hurt your case, your attorney will know what to do with it.
Tips for Hiring the Right Attorney for You
Now that you see some of the ways an SSDI benefits lawyer can help you, chances are you’re interested in hiring one for your case. How do you choose the ideal legal representative for you? Here are three essential things you should consider before hiring them.
Office Location
An excellent SSDI attorney will do you little good if they operate out-of-state. You want an attorney who you can easily meet face-to-face if need be. That’s why it’s best to work with an attorney closer to home.
License and Other Legal Documents
Is the attorney licensed to work in your area? If not, consider this a deal-breaker. Sure, Social Security has no problem with a claimant being represented by a non-attorney advocate. Still, the benefits of working with a licensed lawyer who’s familiar with SSDI law in your state are substantial.
Licensed attorneys frequently handle cases in federal court. Such experience can work greatly in your favor. Besides, licensed attorneys generally charge the same fees as non-attorney advocates while offering more benefits.
Reputation
The reputation of an attorney gives you a good idea of what to expect when working with them. You want someone who makes your life easier. The best way to land a good attorney is by asking for recommendations from friends and relatives.
Check online reviews to find out what previous clients have to say about the attorney or law firm. If your potential legal representative has stellar reviews, chances are you’ll enjoy working with them.
Accessing Your SSDI Benefits Doesn’t Have to Be Overly Challenging
Hopefully, you now have an answer to the question: what are SSDI benefits? More importantly, you know whether you’re eligible or not and how to go about the application process. Remember, you can always get help from an SSDI attorney to make everything easier for you.
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