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Defending And Empowering The Disabled Since 1993

Frequently Asked Questions About Social Security Disability Claims

It can be challenging to decide to file for Social Security Disability Insurance (SSDI) benefits, and a lot of misconceptions abound. Here are some of the most common questions we hear at Rogers, Hofrichter & Karrh, LLC, from our clients:

 

Are all Social Security Disability claims automatically denied the first time?

The Social Security Administration (SSA) does not routinely deny every application for benefits the first time someone applies. It is true, however, that roughly two-thirds of all SSDI claims are initially denied. Many more are approved upon appeal.

What health conditions can qualify you for Social Security Disability Insurance?

Any condition or combination of conditions that makes you unable to work can qualify as a disability so long as your condition is expected to last at least one year or end in death. Both mental and physical disabilities can be eligible for benefits.

To learn more about what disorders/conditions can qualify you for disability benefits click here ➧.

Is it true that you must have a condition that appears on the Listing of Impairments to get SSDI?

No. SSA’s “Blue Book” of impairments is a list of disorders that automatically qualify you as disabled so long as you exactly meet the listed description. However, many people qualify for SSDI benefits based on the fact that their impairments, taken as a whole, “meet or equal” a listed definition of disability in some category.

Is there an age limit for collecting Social Security Disability benefits?

Anybody between the age of 18 and full retirement age (which can range from 65 to 67) can receive SSDI benefits so long as they meet the medical and nonmedical requirements.

What can I do if my Social Security Disability claim is denied?

It is critical to file an appeal within the time limit specified in your denial letter. The first step in the appeals process is called a Request For Reconsideration.

To file your Reconsideration request, carefully review the denial letter you received from the Social Security Administration with the help of an SSDI attorney to see why your claim was denied. Your attorney can then assist you with the appeal, focusing on the reasons for the denial and submitting additional evidence in support of your claim.

If your Reconsideration is denied, you must then file a Request for a Hearing. That will allow you to present your case before an Administrative Law Judge (ALJ). At that point, it is essential to have an experienced lawyer on your side.

Can I receive workers’ compensation and Social Security Disability at the same time?

You can receive workers’ compensation and SSDI benefits at the same time, but your SSDI benefits will be subject to an offset if your monthly workers’ comp payments and your SSDI payments exceed 80% of your average current earnings (ACE), as determined by the Social Security Administration (SSA).

For example, if your ACE is $4,000 a month, your combined SSDI and workers’ compensation monthly benefits cannot exceed $3,200. For this reason, it is sometimes wise to take a strategic approach to workers’ compensation settlements.

How long must I be off work before I can apply for Social Security Disability (SSDI)?

You do not have to be off work for any particular length of time to apply for SSDI benefits. However, SSDI benefits are generally not payable for the first five full months following the month in which someone develops a disability. This is called the “five-month rule” or “waiting period.”

Just the same, it is generally wisest to file an SSDI claim as soon as possible, rather than waiting, since it can take months to get an application for benefits approved.

What are the basic requirements for Social Security Disability benefits?

The key criteria is that you must have a disabling condition or combination of conditions that prevents you from earning substantial gainful activity, and the condition is expected to last at least 12 months or end in death.

How much does Social Security Disability (SSDI) pay per month?

In 2024, the maximum SSDI benefit is $3,822 per month, but the average benefit is $1537. The amount you can ultimately receive depends on how much you have paid into Social Security during your working years. You can determine your exact benefit amount by creating a free account at SSA.gov.

Can I work while receiving Social Security Disability?

Many disabled people work while receiving SSDI benefits. Generally speaking, you are allowed to work so long as your gross income from wages or net income from self-employment stays below the “Substantial Gainful Activity” (SGA) amount. In 2024, the SGA amount is $1550 per month for most beneficiaries. For those disabled due to blindness, the SGA amount is $2,590. SGA amounts are increased yearly.

Can my family members receive benefits if I’m approved for Social Security Disability?

If you are approved for SSDI benefits, certain family members may be eligible to receive benefits on your record, depending on their ages and specific relationship with you. These are known as “family auxiliary benefits.”

  • Spouses may qualify for benefits if they are age 62 or older, caring for a child who is 15 years of age or under or caring for a disabled child of any age.
  • Ex-spouses may qualify for benefits if the marriage lasted at least 10 years, and the ex-spouse has not remarried and meets certain age or disability requirements.
  • Dependent children may be eligible so long as they are unmarried and under 18 years of age, between 18 and 19 years of age and still in high school or any age if they became disabled prior to their 21st birthday.

It is important to understand that spouses and dependent children are subject to a limit known as “the family maximum,” while divorced spouses are not. The family maximum requires a complex set of calculations and will be determined by the Social Security Administration at the time of application. Learn more ➧

 

Call Rogers, Hofrichter & Karrh, LLC, For Help With Your SSDI Appeal

We understand the SSDI process and have been successfully helping residents of the Atlanta area and throughout Georgia obtain the SSDI benefits they need. Call 770-884-6705 or use our online form today to schedule your initial consultation.

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