Need help with your Social Security Disability Insurance claim? Connect with experienced SSDI lawyers through our referral service. Your disability advocate awaits.
The following is a list of the criteria you will need to meet to obtain SSDI Benefits.
Work Credits. To be eligible for SSDI, you must have earned enough work credits through your employment history. Work credits are earned based on your work history and the amount of income you've earned while paying Social Security taxes.
Recent Work History. In addition to the work credits, there are requirements related to your recent work history. You generally need to have worked for a certain number of years and have a specific number of work credits earned in the years leading up to your disability.
Disability Status. You must have a medically determinable physical or mental impairment that is expected to last at least one year or result in death. This impairment must prevent you from performing substantial gainful activity (SGA), which is work that earns a certain amount as determined by the United States Social Security Administration (SSA). If you earn more than a certain amount of income (adjusted annually), you may not be considered disabled according to the SSA's definition.
Severeness of the Disability. Your medical condition must be considered severe enough to prevent you from engaging in substantial gainful activity. The SSA has a Listing of Impairments (Blue Book) that outlines specific conditions and their severity criteria.
Age. While there are no age restrictions for SSDI, age can be a factor in determining eligibility. It may be easier for older individuals to qualify because the SSA may apply different criteria for people over 50 or 55, recognizing that it can be more challenging to find work as you get older.
Non-Substance Abuse. The SSA generally does not grant SSDI benefits if substance abuse is a contributing factor to your disability. They will evaluate whether you would still be disabled if you were not abusing drugs or alcohol.
Complex Application Process. The SSDI application process is known for its complexity. Applicants must complete detailed forms and provide extensive documentation, including medical records, work history, and other supporting evidence. Gathering and organizing this information can be a daunting task.
Lengthy Review Period. The SSDI application process can be lengthy, often taking several months or even years for a decision to be reached. This long wait time can be particularly challenging for individuals who are dealing with significant health issues and financial hardship.
Denial of Initial Applications. It is common for initial SSDI applications to be denied. This can be discouraging and frustrating for applicants who genuinely believe they are disabled and in need of assistance. However, it's important to understand that denial is not the end of the road, and applicants can appeal the decision.
Appeal Process Complexity. The appeal process involves multiple stages, including reconsideration, administrative law judge hearings, and appeals council reviews. Each stage can be complicated and time-consuming. Applicants may need legal representation or advocacy to navigate the process effectively.
Medical Documentation. The success of an SSDI application heavily relies on comprehensive medical evidence. Gathering the necessary medical records and maintaining a consistent relationship with healthcare providers can be a challenge, especially for those without health insurance.
Stigma and Misconceptions. Some applicants may encounter societal stigma or misconceptions about disability benefits. This can create additional emotional stress and barriers to seeking assistance.
Technical Errors. Simple technical errors on the application, such as missing information or improper documentation, can result in denials or delays in the approval process.
Social Security disability law is complex and constantly evolving. An experienced SSDI attorney is well-versed in the intricacies of the law, eligibility criteria, and the application process.
Statistics show that applicants who hire legal representation, especially at the appeal stage, are more likely to have their claims approved. An attorney can help you build a stronger case by ensuring that all required documentation is in order and presenting a compelling argument on your behalf.
SSDI attorneys typically work on a contingency fee basis, meaning they only get paid if your claim is successful. They are limited by law to receive a maximum of 25% of your retroactive benefits, up to a specific dollar limit. This arrangement can be financially beneficial for you. While it is not mandatory to hire an attorney for your SSDI claim, their expertise and experience can greatly increase your chances of success and make the application and appeals process more manageable.
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3. The law firm will call or email you to schedule a free consultation, discuss your case, and plan the next steps.
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After you're matched with an attorney, we'll promptly reach out for a consultation—no strings attached.
Our team understands the importance of a secure financial future. Let us connect you with an experienced SSDI lawyer today.
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