What is Social Security Disability Insurance (SSDI)?
Social Security Disability Insurance is a payroll tax-funded, federal insurance program. Its purpose is to provide income to people unable to work because of a disability. It is administered by the Social Security Administration.

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How would I qualify for SSDI?
To qualify for SSDI benefits, you must first be insured. That means you must first have worked in jobs covered by Social Security. Second, you must have a medical condition that meets Social Security’s definition of disability.

In general, the Social Security Administration pays monthly cash benefits to people who are unable to work for a year or more because of a disability, and benefits usually continue until you are able to work again on a regular basis.

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What is Social Security’s definition of “disabled”?
Unlike other programs, Social Security pays only for total disability – not partial disability or short-term disability. You are considered disabled if you cannot do work that you did before, and Social Security decides that you cannot adjust to other work because of your medical condition. In addition, your disability must last, or be expected to last for at least one year, or be expected to result in death.

Benefits continue until you are able to work again on a regular basis. Social Security also uses a number of “work incentives” that provide continued benefits and health care coverage to help you transition back to work.
 

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How does Social Security determine if I am disabled?
Medical evidence is required to determine if you are disabled. The Social Security Administration employees case workers who gather your medical records from your doctors, as well as from hospitals and clinics where you have been treated. In addition to your health problems, case workers also take into consideration your age, education and work experience. This helps them determine whether there is other work you may be able to perform.

You should have an experienced SSDI lawyer assist you with the claims and benefits process, and advise you about what information can be submitted during the review process. After the claim is filed, the case is sent to a disability examiner in your state. This individual, working with a doctor, makes the initial decision on the claim. If the claim is denied and the individual requests reconsideration, the case is then sent to another disability examiner, where it goes through much the same process.

If your claim is denied again, you can request a hearing with the Administrative Law Judge, who will make an independent decision upon the claim.

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What if the judge denies my claim?
If the judge denies your claim, you can request a review by the Appeals Council. If the Council agrees to review the decision, it will either render a decision or return it to the judge for further review.

An experienced SSDI lawyer may want to bring suit in federal court if you are dissatisfied with the Council’s decision. At Kantrovitz & Associates, our attorneys will provide the knowledge and legal expertise to make the Social Security Disability process less confusing, less intimidating, and more convenient for people with disabilities.

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If I am approved for SSDI, how much money am I eligible for?
That depends on how much you have paid into Social Security and how much you have worked and earned in the past. For disabled widow's or widower's benefits, it depends upon how much the late husband or wife worked and earned. For disabled adult child benefits, it all depends upon how much the parent worked and earned.

For all types of Social Security benefits, there is a base amount that an individual with no other income receives. If you are receiving other government benefits – such as workers’ compensation or other disability payments – that will reduce the amount of Supplemental Security Income (SSI) you can receive.

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How many different types of SSDI are there?
At least five:
1. Disability Insurance Benefits are the most important type. They go to individuals who have recently worked but are now disabled.
2. Disabled Widow's and Widower's Benefits are paid to individuals who are at least 50 and become disabled within a certain amount of time after the death of their husband or wife. The late husband or wife must have worked enough under Social Security to be insured.
3. Disabled Adult Child Benefits go to the children of persons who are deceased or who are drawing Social Security disability or retirement benefits. The child must have become disabled before age 22.
4. Supplemental Security Income benefits are paid to individuals who are poor and who are disabled. It does not matter for SSI whether an individual has worked in the past or not.
5. SSI child's disability benefits are a variety of SSI benefits paid to children under the age of 18 who are disabled. The way in which disability is determined is a bit different for children.

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I’m already receiving SSDI, but am worried it will run out. Will it?
Your disability benefits are not supposed to be cut off unless your medical condition has improved. Social Security reviews cases periodically, and in the vast majority of cases, benefits are continued.

If I get SSDI, can I also get Medicare, or Medicaid?

If you are approved for any kind of Social Security disability benefit other than SSI you will get Medicare after you have been entitled to Social Security disability benefits for two years. If you are approved for SSI you will get Medicaid. It is possible to get both Medicare and Medicaid if you are entitled to SSI and some other type of Social Security disability benefit.

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If I get SSDI, can I also get Medicare, or Medicaid?

If you are approved for any kind of Social Security disability benefit other than SSI you will get Medicare after you have been entitled to Social Security disability benefits for two years. If you are approved for SSI you will get Medicaid. It is possible to get both Medicare and Medicaid if you are entitled to SSI and some other type of Social Security disability benefit.
 

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Do I really need an SSDI attorney?
Statistics show that you can increase your odds of winning your SSDI case by more than 50 percent if you are represented by an attorney. The SSDI application process can be frustrating and time consuming, and applicants are frequently turned down. An experienced SSDI lawyer understands what types of records and paperwork are needed for each step of the process, and what deadlines apply along the way. In addition, having an attorney on your side can sometimes speed up the process.
 

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