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If you are a worker with a qualifying disability, you may meet the requirements for Social Security Disability Insurance (SSDI). Some of these include earning the minimum amount of work credits and having a disability listed by the Social Security Administration (SSA). If you meet the criteria for disability benefits, you can continue to receive them until you can work regular hours again or reach the required age to qualify for retirement benefits.
Our Pittsburgh Social Security Disability Insurance attorneys know what the SSA looks for when it reviews an SSDI benefits application. We can help you understand the requirements and navigate the appeals process if they already denied your initial claim.
You must meet certain criteria to get SSDI benefits. Qualifications typically fall into two categories:
Having the correct information and evidence for each category is crucial to moving through the application process.
SSDI is a program for workers who paid into Social Security during their careers. To qualify, you must have an extensive enough work history and enough recent work to earn 20 credits, depending on your age. Twenty credits generally equal about five years of work.
When you work and pay Social Security taxes, you earn these credits based on your income. The average worker earns four credits per year. For 2023, you receive one credit for each $1,640 you earn, up to the maximum of four credits. In turn, you only need to earn $6,560 to receive all four credits.
Another disability claim requirement is demonstrating that your medical condition prevents you from either doing work you did previously or transitioning into other work. If the SSA decides you should still be able to do previous or new work, it doesn’t consider you disabled.
Including relevant work and medical evidence in your application can help prove you cannot work at your current job, old job, or a similar job. When explaining how to apply for SSD, our disability insurance lawyers can help you understand what evidence can help illustrate your inability to do other work.
SSDI is not an income-based program. However, the SSA has set a limit on how much you can earn from working a job and still claim to have a disability. This substantial gainful activity (SGA) limit includes only wages you gain from employment. The SGA 2023 limit is $1,470 per month for non-blind individuals, whereas blind individuals are limited to $2,460.
We can also review your finances for other earnings we can deduct from your monthly income amount. These finances may include anything from stock dividends to the proceeds from a rental property. You can earn money from investments in addition to getting SSDI without jeopardizing your eligibility for benefits.
Often, the most challenging part of getting SSDI benefits is showing you meet the SSA’s definition of when a person is considered disabled. The SSA only pays out to those who have a disability that is expected to be long-term, total disability.
In general, the disability requirement is that your condition must be expected to last for a year or more, or cause your death. Then, you must meet the criteria related to your condition that the SSA outlines its impairment listings.
These impairment listings, sometimes called the Blue Book, categorize disabilities by the body part or system affected. Some of these impairments include:
We can review your medical history and help you understand the requirements you must meet to qualify for Social Security Disability Insurance benefits. These claims rely heavily on medical documentation from your doctor, specialists, and others who treat your condition, proving that your disability is so serious that you cannot work.
In some cases, you may not be able to work but do not meet the exact criteria in the impairment listings. That does not mean you cannot get SSDI benefits. It does mean, however, that you will need to rely on your residual functional capacity (RFC) to qualify.
Your RFC is your ability to perform certain work-related tasks. The SSA assigns your RFC based on a review of your medical records and any supporting documentation. They may also ask you to see an independent physician for a consultative examination. If the SSA determines you cannot work your current job, any previous job, or a job that requires no specialized skills, you will likely qualify for SSDI benefits.
Most people who get SSDI must meet the requirements we discussed, complete an application, and wait several months to learn if the SSA approved their disability claims. Many receive a denial of their initial application and must face the appeals process. We encourage you not to give up if you have received an initial denial, you must file an appeal within 60 days.
For others, though, special circumstances make their process somewhat different.
Qualifying blind workers have special criteria for receiving SSDI. If you meet these requirements, you can earn more at work and still qualify for benefits.
The SSA offers programs that allow those with certain serious injuries and terminal illnesses to begin receiving SSDI benefits faster. These programs prioritize your claim in the review process.
When our Social Security Disability attorneys evaluate your claim for benefits, we review your medical conditions and your technical eligibility. We will review your situation and determine if you meet the criteria for a compassionate allowance.
Knowing the requirements for Social Security Disability Insurance is just one part of navigating the SSD process. Below are other common questions we encounter, but you can always reach out for a personalized consultation to receive answers specific to your case.
This depends on what type of benefits. For instance, you may be able to receive Supplemental Security Income (SSI) at the same time. By contrast, you can’t receive both SSDI and retirement benefits.
Nonetheless, don’t neglect to check! You may qualify for benefits in addition to SSDI, so talk to us about retirement, SSI, Medicaid, or other programs.
Most initial applications are denied, often for medical or technical reasons related to the evidence you supplied. The SSA has a multi-step system in place for you to appeal. Our SSD appeals lawyers can represent you in this process, from the initial reconsideration all the way to a federal district court lawsuit, if necessary.
Yes, you could receive retroactive disability payments after you meet the requirements for Social Security Disability Insurance. These payments can help cover some of the time before you were approved but after you were disabled by your condition.
You could also qualify to receive back pay, which covers the period between when you applied and when you were approved for benefits, except for a five-month waiting period. We can explain both types of pay.
Helping you determine if you qualify for SSDI and calculating your income are just two of the many tasks our lawyers will do on your behalf.
While you focus on resting and getting treatment, you can rely on your lawyer to:
We will carry out these responsibilities for you on a contingency fee basis, meaning we don’t charge any upfront or out-of-pocket costs. Our payment comes out of the financial awards that we secure for you at the end of your case.
At our law firm, we strive to get the clients the benefits they need while suffering from a disability. Some who have worked with our Social Security Disability lawyers have left reviews of their experiences:
The SSDI lawyers at Berger and Green can advise you of the requirements for Social Security Disability Insurance and help you get the benefits you deserve. With more than 40 years of legal experience, we understand the challenges that come with applying for disability assistance.
Whether you want help with understanding your initial benefits claim or appealing a denial, we are ready to work for you. Contact us today to receive a free consultation.