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Social Security Disability FAQs

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Millions of people suffer significant injuries as a result of the negligence and carelessness of others. Fortunately, the United Statesโ€™ Social Security program often provides benefits to people who are dealing with a disability.

Social security disability insurance (SSDI) is provided to anyone who has been injured severely to the extent that they cannot live a normal life and continue any type of employment in an ordinary capacity.

Are you considering applying for SSDI? If so, there is a lot of information to take in about the program. Here are some frequently asked questions (FAQs) regarding SSDI.

What are the eligibility requirements to get Social Security disability benefits?

In order to qualify for SSDI benefits, you must have worked long enough in jobs covered by Social Security. The typical duration is about 10 years. Next, you must have a medical condition recognized as disabling by the Social
Security Administration.

Here are questions Social Security will evaluate to determine if you truly have a disability:

  • Are you working? If you are working and earning more than $1,260, you cannot be determined to be disabled.
  • Is your condition โ€œsevereโ€? Your condition must significantly impair your ability to live a normal life, work, and perform basic actions (sitting, standing, walking, and remembering) for at least one year. If it doesn’t, Social Security will not deem your condition to be “severe.”
  • Is your condition found in the list of disabilities? Click here to check out Social Securityโ€™s complete list of medical conditions that warrant disability for every major body system.
  • Can you do the work you previously did? Social Security will decide if your medical condition prevents you from performing previous jobs you once held.
  • Can you do any other type of work? Social Security will also determine if you can perform any other type of work.

Can I return to work while getting SSDI benefits?

You can return to work while receiving SSDI benefits. There are special rules that will help recipients get back to work without putting their initial benefits in jeopardy. You might be able to work a trial period for at least nine months to determine whether or not you can work.

If you do get a job and your condition improves, you will need to report this occurrence to Social Security immediately. This is a legal obligation.

Whatโ€™s the difference between Social Security benefits and Supplemental Security Income (SSI) payments?

The major difference is how each program is financed. Employment taxes typically fund survivors and disability insurance benefits and Social Security retirement. In standard, Social Security pays for benefits extended to employees and their families based on their accumulated earnings.

On the contrary, taxes finance the SSI program, which provides benefits to the needy. SSI eligibility relies primarily on resources and limited income.

If I receive Social Security Disability benefits and reach retirement, can I then receive retirement benefits?

Social Security disability benefits instantly shift to retirement benefits when recipients reach retirement age. Itโ€™s illegal for a person to collect both disability and retirement benefits at the same time.

How long does it take to get a decision after I apply for SSDI?

The time it takes to get a decision after applying for SSDI benefits can vary on these factors:

  • The nature of your medical condition
  • How quickly Social Security can acquire medical evidence from a licensed source, such as your doctor.
  • Whether itโ€™s necessary for you to undergo a medical examination.
  • Whether your application is reviewed for quality and accuracy purposes.

Applying for SSDI benefits online offers several advantages, such as:

  • You can begin your disability application immediately. You wonโ€™t have to wait for a scheduled appointment.
  • You can apply from the comfort of your own home, a computer, or a smartphone.
  • You can avoid making trips to the Social Security office, saving you both time and money.

The assistance of an attorney can ensure that your application goes as smoothly as possible.

Is there a waiting period for Social Security disability benefits?

If you are deemed eligible for Social Security disability benefits, there is a five-month waiting period before your benefits can start. Social Security will compensate your first benefit on the sixth month from the date your disability began.

Can children with disabilities get Social Security benefits?

Yes. Children can receive SSI benefits from birth to age 18. In order to receive benefits, they must have little or no income or resources and most be disabled. Two conditions must be true in order for the Social Security Administration to consider a child disabled:

  • The child must have mental or physical condition that seriously limits his or her activities, and
  • The condition must have lasted, or be expected to last, at least 1 year or be fatal

Will my federal student loans affect my Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits?

Fortunately, the discharge of your federal student loan will not affect the benefits you receive. If you would like cancellation, student loan forgiveness, discharge program, you should contact the Department of Education.

Will my benefits be reduced if I receive workersโ€™ compensation or other public disability benefits?

If you receive public disability benefits or workerโ€™s compensation, Social Security may reduce your benefits. The reason this happens is that both benefits are typically funded by federal agencies.

Itโ€™s impossible for the federal government to provide income for millions of Americans from different sources. As a result, the amount of your benefits could be affected if they exceed 80% of your average earnings before your disability began.

Contact a Personal Injury Attorney Today!

Again, there is a lot to take in about SSDI benefits. If you have been injured in an accident that wasnโ€™t your fault, itโ€™s possible to receive compensation right now. Want to find out how?

Give us a call 866-MCCRAVY or contact us online to speak to a member of our legal team to request a formal consultation and discuss your potential claim.

mccravylawfirm@gmail.com

Frequently Asked Questions

Do I need a lawyer?

The best way to know if you need a lawyer is to ask. If you have injuries that you received medical attention for, itโ€™s worth having a legal consultation. Your consultation is where you can decide if you want to hire a lawyer. Weโ€™ll explain the pros and cons and how a lawyer may help you

How much is my case worth?

Case values vary. Your losses and the strength of the legal case are the primary factors. The ability to collect compensation is important, too. There are things you can do to maximize the value of your case. Our lawyers can help.

Will my case settle?

Most cases settle. Building a strong case and negotiating effectively can help you reach a settlement. Weโ€™ll evaluate your case and the factors that make a case likely to settle. When we represent you, weโ€™ll work towards your goals. That includes a settlement, if you choose.

What happens if I have to file a lawsuit?

Sometimes, you must file a lawsuit to get the compensation you deserve. Even most cases that are filed still result in settlement. Filing the case makes the defense respond and it moves the claim forward. As your lawyer, we take care of the filing documents and legal procedure.

Should I speak with the insurance company before hiring a lawyer?

No. The insurance company can use your statements against you. They may try to confuse you or pressure you to accept a low offer. This is true even if you havenโ€™t hired a lawyer yet. We can start representing you as soon as you sign up. Then, we speak to the insurance company for you.

Should I allow an insurance company access to my medical records?

Insurance companies like broad disclosures of medical records. Theyโ€™re looking for things that might embarrass you or things they can use to minimize compensation, like pre-existing conditions. Our lawyers can help you respond to a request for medical records.

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