On an initial application, your lawyer can advise you on your “alleged onset date” of disability, argue that your condition meets one of the listed impairments, and help you focus on the facts that will be most persuasive to Social Security.
What is Social Security Disability Insurance (SSDI)?
SSDI is a federal program that provides benefits to people who are unable to work because of a disabling condition that has lasted, or is expected to last, at least 12 months. SSDI is based on your work history. If you are disabled but have not worked enough to receive SSDI, you may qualify for SSI.
What is Supplemental Security Income (SSI)?
SSI is a needs-based program that pays benefits to adults and children who have limited income and resources and who are disabled, blind, or age 65 or older.
Do you qualify?
The Social Security Administration defines disability as “the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”
To decide eligibility, Social Security asks a series of questions:
- Are you working? If your monthly earnings are above a certain amount, you will generally not be considered disabled.
- Is your condition “severe”? Your condition must interfere with basic work-related activities.
- Is your condition on the List of Impairments? Some conditions are so severe that they automatically qualify. If yours is not listed, Social Security considers whether it is equal in severity to a listed condition.
- Can you do your past work? Your condition must prevent you from doing the work you did before.
- Can you do other work? If you cannot do your past work, Social Security decides whether you can adjust to other work.
How to apply
There are several ways to begin a claim, including online through the Social Security Administration at ssa.gov, by phone, or at your local Social Security office. The right method can depend on whether you are applying for SSDI, SSI, or both. If you have questions about the application process, contact Sucher Legal for a free consultation.
What if you are denied?
Social Security often denies applications from people who are disabled. If your application for SSDI or SSI is denied, you have the right to appeal — but the time to do so is short. Contact us as soon as you receive a denial so your appeal rights are protected.