Find Answers To Commonly Asked Questions About Social Security Disability
What are the chances of my Social Security Disability case being approved?
What is considered “disabled”?
Can I qualify for both SSI and SSDI?
Is there a time limit to file for SSI or SSDI?
Does my disability qualify me for SSDI?
To qualify for SSDI, the answer to each of the following questions must be no:
- Can you do the same job you did before?
- Can you adjust to working in another job?
- Are you earning more than $1180 per month (this is the 2018 amount; it rises slightly each year) from
- Will your disability last less than 12 months?
If the answer to any of those questions is yes, you probably do not qualify for SSDI. But there are a few special circumstances.
Have I earned enough work credits to qualify for SSDI?
The first step to knowing if you have enough work credits is to know what counts as a work credit. You earn work credits every year that you work. In a year, you can earn up to four work credits. Each year, the Social Security Administration sets the amount that you must earn for each credit. In 2018, the amount was $1320. Once you’ve made four times the amount for that year, you’ve received the maximum four credits for that year.
Only income that you pay Social Security taxes on qualifies. So how many work credits do you need to qualify for SSDI? It depends on your age.
- Under 24 years old, you need to have six credits in the last three years.
- Between 24 and 31 years old, you need to have two credits for every year since you turned 21.
- Between 31 and 42 years old, you need to have 20 credits in the last 10 years.
- Older than 42 years old, you need to have 20 credits in the last 10 years, plus one additional lifetime credit for every year you are older than 42.
How do family members qualify for SSDI?
If you are related to someone who qualifies for SSDI, you may also qualify. You usually qualify for SSDI if you are:
- A dependent child or stepchild of a disabled worker
- A spouse or ex-spouse caring for the child of a disabled worker
- A spouse of a disabled worker who is over 62 years old and doesn’t qualify for Social Security benefits on his or her own
How much money do I get from SSDI?
The amount you receive from SSDI depends on the amount you paid into the system. The formula for figuring it out is complicated and changes every year. In essence, you receive most of the initial money you pay into the system, and the smaller the percentage, the more money you paid into the system. The maximum SSDI payment in 2018 was $2,788 and increases each year.
Family members can receive up to 50% of a disabled worker’s monthly disability amount. The total paid to all family members cannot be more than 150% of the amount the disabled worker receives.
Can I afford a Social Security Disability lawyer?
How much money do I need to pay upfront?
How much will I need to take out of my future benefits?
How will I pay if I lose?
So how do my lawyers get paid?
If I don’t pay them upfront, if I don’t pay them from my benefits if I won’t get billed, and if I don’t pay when I lose, then how does my lawyer ever get paid? If you win your Social Security case, you’ll likely be paid in two ways. First, you’ll be paid an ongoing monthly benefit. Nothing from your monthly checks goes to your lawyer.
Second, most cases are also given a lump sum called “back pay.” This back pay is a reimbursement check for all the months that the Social Security Administration should have been sending you checks but wasn’t. Your attorney will charge 25% of this back pay. Typically when the Social Security Administration goes to disburse your back paycheck, it will actually send a check for 25% to your lawyer, and the remaining 75% will be sent to you so that you don’t even have to worry about it yourself.
How much money can I have and still qualify for Medicaid?
Can Medicaid take my house when I die?
Can’t I just gift away my assets in order to qualify for Medicaid?
What is a ladybird deed?
What is a “Miller trust”?
Will the Social Security judge say I am disabled?
Social Security is demanding I pay them. What should I do?
What are my options if I receive a Social Security overpayment notice?
If you receive a notification from the SSA that it is seeking money because of a past overpayment, you have three basic paths forward:
- Appeal the overpayment
- Pay the SSA the requested funds
- Request a waiver
The option to appeal is only available if the SSA did not, in fact, overpay you. So if the notification is correct, your only options are to pay or to request a waiver.
How do I appeal a Social Security overpayment?
How do I receive a Social Security overpayment waiver?
How does the SSA determine if I can afford to repay?
When the SSA determines if you can repay, it looks at whether your current income is being spent on things like:
- Medical expenses
- Rent or mortgage
If, however, you still have the funds from the overpayment or receive a back-pay settlement, the SSA will likely determine that you have the ability to repay.