Social Security Disability

Social Security Disability

Social Security Disability Insurance (SSD or SSDI) is a payroll tax-funded federal insurance program of the United States government. It is managed by the Social Security Administration and designed to provide income supplements to people who are physically restricted in their ability to be employed because of a notable disability (usually physical). SSD can be supplied on either a temporary or permanent basis, usually directly correlated to whether the person’s disability is temporary or permanent.

People frequently confuse Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Unlike SSI, SSDI does not depend on the income of the disabled individual receiving it. A legitimately disabled person (a finding based on legal and medical justification) of any income level can receive SSD. (‘Disability’ under SSDI is measured by a different standard than under the Americans with Disabilities Act.) Most SSI recipients are below an administratively mandated income threshold, and these individuals must stay below that threshold to continue receiving SSI, unlike with SSD.

Informal names for SSDI include Disability Insurance Benefits (DIB) and Title II benefits. These names come from the chapter title of the governing section of the Social Security Act, which came into law in August 1935. In July 1956, after two decades bouncing around Congress, the Social Security Disability Insurance program was put into effect.

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Frequently Asked Questions

What is the difference between SSDI and SSI?

Social Security Disability Insurance (SSDI) is a federal program that provides benefits to people who are disabled and have worked long enough and paid enough Social Security taxes to qualify. Supplemental Security Income (SSI) is a needs-based program that provides benefits to disabled people with limited income and resources, regardless of work history. A person may qualify for one or both programs depending on their circumstances.

How does Social Security define disability?

The Social Security Administration defines disability as the inability to engage in substantial gainful activity due to a medically determinable physical or mental impairment that has lasted or is expected to last at least 12 months or result in death. The impairment must be severe enough to prevent you from doing your past work and, considering your age, education, and work experience, any other work that exists in significant numbers in the national economy.

How long does it take to get a decision on a Social Security Disability claim?

Initial applications typically take three to six months to process. Most initial applications are denied. If you are denied, you can request reconsideration, and if denied again, request a hearing before an Administrative Law Judge, which can take a year or more depending on the backlog at your local hearing office. Having an attorney who knows how to build a strong record from the start can make a significant difference in how your claim proceeds.

What should I do if my Social Security Disability claim is denied?

Do not give up. The majority of initial Social Security Disability applications are denied, and many claimants who are ultimately approved win at the hearing stage after one or more denials. You have 60 days from the date of a denial notice to request the next level of appeal. Missing this deadline can require you to start the process over. Contact an attorney as soon as possible after receiving a denial.

How long do I have to apply for Social Security Disability after becoming disabled?

There is no strict deadline for filing an initial SSDI application, but delaying can cost you. SSDI benefits can only be paid for up to 12 months before the date of your application, so the sooner you apply, the more back pay you may be eligible to receive. For SSI, benefits generally cannot be paid before the month you apply.

What does it cost to hire a Social Security Disability attorney?

Social Security Disability attorney fees are regulated by federal law. Attorneys typically work on a contingency fee basis and are paid only if you win, receiving a percentage of your back pay award up to a federally capped amount. There is no upfront cost and no fee for an initial consultation.