We have extensive experience practicing Social Security Disability law and are ready to assist you with your claim.

Please call us for your FREE consultation at 267-639-1300 . 

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We also put together a list of some frequently asked questions and answers for your review.

Frequently Asked Questions:

 What is the difference between SSDI and SSI?

  

SSDI (Social Security Disability Insurance) provides for payment of disability benefits to disabled individuals who are "insured" under the Act by virtue of their contributions to the Social Security trust fund through the Social Security tax on their earnings, as well as to certain disabled dependents of insured individuals.

SSI (Supplemental Security Income) provides payments to disabled individuals (including children under age 18) who have limited income and resources.

  

What is the legal definition for disability under SSDI or SSI?

It is the same for both SSDI and SSI.  The law defines disability as the inability to engage in any substantial gainful activity* (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

  

*SGA – think of it as full time regular work activity, the number of gross earnings per month used to determine SGA changes depending on the year.

Do you receive medical benefits with SSDI or SSI?

  

Yes,

Medicare is provided when you win your SSDI claim (note there is a two year waiting period after your date of entitlement for cash benefits).​

      

Medicaid is provided when you win SSI benefits.  

   

Can you receive Social Security on another person’s earnings record?

Yes, you could receive adult disabled child benefits or widow/widower benefits.

An adult disabled before age 22 may be eligible for child's benefits if a parent is deceased or starts receiving retirement or disability benefits. This is considered a "child's" benefit because it is paid on a parent's Social Security earnings record.

The "adult child"—including an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild—must be unmarried, age 18 or older, and have a disability that started before age 22.

A widow or widower can receive benefits based on their spouse's earnings record as early as age 50 if they're disabled and their disability started before or within seven years of their spouse's death.

   

Are Social Security benefits taxed?

Generally speaking, people do not have to pay federal income taxes on their Social Security benefits if these benefits are their only source of income. However, you could have to pay income taxes on a percentage of your income if you have other substantial income (such as wages, self-employment, interest, dividends and other taxable income that must be reported on your tax return) in addition to your Social Security benefits.  No one pays federal income tax on more than 85 percent of his or her Social Security benefits based on Internal Revenue Service (IRS) rules.

A quick way to find out if any of your benefits may be taxable is to add one-half of your Social Security benefits to all your other income, including any tax-exempt interest. Next, compare this total to the base amounts below. If your total is more than the base amount for your filing status, then some of your benefits may be taxable. The three base amounts are:

  

$25,000 - for single, head of household, qualifying widow or widower with a dependent child or married individuals filing separately who did not live with their spouse at any time during the year                                                                                                                                                                                     $32,000 - for married couples filing jointly                                                                                                                 

​$0 - for married persons filing separately who lived together at any time during the year

Can you return to work after being granted Social Security Disability benefits? 

Yes, there are special rules to help you get back to work if you feel ready without jeopardizing your initial benefits. You may be able to have a trial work period for nine months to test whether you can work.  In other words, Social Security will give you a chance to see how you are able to function at work before terminating your benefits.

What happens if you receive disability benefits and reach full retirement age?

At your full retirement age, Social Security disability benefits automatically change to retirement benefits.  The law does not allow a person to receive both retirement and disability benefits on one earnings record at the same time.

Do you need to have an attorney to file for Social Security Disability benefits?

No, but keep in mind how difficult the application and appeal process can be and let us help you get through this tough time. 

Call us for a FREE CONSULTATION at 267-639-1300.