Frequently Asked Social Security Disability Questions Along the Front Range
At Mark C. Anzman, Attorney at Law, I have spent more than two decades helping clients to gain the disability benefits they deserve. While each case is unique, there are certain questions that nearly all applicants have in common. The answers to these questions follow. For more detailed advice, I offer a free consultation to give you a better idea how an experienced SSD attorney can help you get the benefits you need and deserve.
- What are the Social Security Disability Insurance requirements for adults and children?
- What are the stages of a Social Security disability case?
- How do I qualify medically for SSDI?
- Am I qualified to receive SSDI or SSI?
- What are my chances of being approved for SSDI or SSI benefits?
- Is there a time limit to file an SSDI or SSI appeal?
Contact an experienced Social Security benefits law firm for your free consultation
For legal advice on Social Security Disability Insurance and Supplemental Security Income benefits, contact me, Mark C. Anzman, Attorney at Law. You can call me at 866-688-1661 or contact me online.
Eligibility for Social Security Disability Insurance (SSDI) benefits depends on the applicant’s work history. For people 28 and older, this usually means that they must have worked for at least five of the previous 10 years. Applicants must not be able to earn income above $1,130 monthly as a result of their medical condition. Short-term disabilities will not make you eligible — the ailment must be expected to put you out of work for at least a year. Though minor dependent children are not eligible for SSDI on their own, they may receive auxiliary benefits until they turn 18, or 19 if a full-time student.
- Initial review of your application
- Acceptance or denial of initial claim
- Request for reconsideration
- Hearing before Administrative Law Judge
- Appeals Council
- Federal Court
The Social Security Administration determines your eligibility for disability benefits by taking certain factors into account. These conditions must exist:
- You are not working or you are earning less than the income amount allowed for your condition.
- The condition is severe enough to interfere with substantial gainful activity.
- Your ailment is classified as a disabling condition by the Social Security Administration.
- You can no longer do your previous job.
- You cannot do a different kind of work.
Though both programs distribute benefits to individuals unable to work due to a disability, SSDI and SSI have different functions and eligibility requirements. SSDI is an insurance program that requires recipients to have been employed and paying FICA taxes in the decade prior to the disability. On the other hand, SSI is assistance to people in economic distress who cannot work gainfully. Income from other sources and family assets must fall below a certain level to qualify.
Results vary, but 35 percent is a national benchmark for initial SSDI approval, with roughly half of those denied winning their appeal at the Administrative Law Judge hearing. After that, the odds get much lower in the Appeals Council and the U.S. District Court.
The Social Security appeal period is 60 days from the decision, with five extra days granted to account for time to deliver the denial.