Social Security disability questions

What is the difference between SSDI and SSI?

SSDI is based on your work history and the Social Security taxes you paid. SSI is a needs-based program with income and resource limits. Some people qualify for both.

How does Social Security decide whether I am disabled?

Generally, you must have a medically determinable physical or mental impairment that keeps you from doing substantial work and that has lasted, or is expected to last, at least 12 months or to result in death. Social Security looks at your medical evidence, your work history, and what work you could still do.

Can I work while I apply?

Earning more than a certain monthly amount can mean Social Security finds you are not disabled. That amount is adjusted every year. Ask before you take or leave a job while a claim is pending.

My application was denied. What now?

A denial can usually be appealed. The stages are reconsideration, a hearing before an administrative law judge, review by the Appeals Council, and then federal court. The deadline to appeal is generally 60 days from the date you receive the notice, so do not wait.

How long does it take?

It varies a great deal. Initial decisions often take months, and appeals take longer.

How much does an attorney cost?

Attorney fees in Social Security disability cases are set by federal law and must be approved by Social Security. Generally you owe no attorney fee unless benefits are won. Ask about case costs when you call.

Can I receive workers’ compensation and Social Security disability?

Sometimes. The two programs interact, and a workers’ compensation payment or settlement can affect Social Security benefits. Get advice before signing a settlement.