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Frequently Asked Questions About SSDI And SSI

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) matters can feel like a maze, especially when you are already facing health challenges. Federal and state laws, including those in Alabama, set strict rules for these programs, requiring detailed medical proof and financial records to qualify.

Worry not because our trusted lawyers at Pitts & Zanaty, L.L.C., can guide you through this process to secure the benefits you deserve. We have been committed to helping people nationwide since 1979. With 16 offices, including our main location in Florence, Alabama, we focus solely on SSDI and SSI cases, offering caring, hands-on support. Our experienced team is ready to walk with you every step of the way by answering any questions you may have.

What is the difference between SSDI and SSI?

Social Security Disability Insurance (SSDI) is funded through payroll taxes you and your employers contribute throughout your working years. It requires a work history with sufficient “work credits” based on your age, and benefit amounts depend on your lifetime average earnings. After receiving SSDI for 24 months, you become eligible for Medicare. There are no income or asset limits for qualification, though substantial work income may affect ongoing benefits.

Supplemental Security Income (SSI) is funded by general tax revenues rather than Social Security taxes. This program is designed for people with limited income and resources who have not worked enough to qualify for SSDI. SSI provides a basic monthly income that is typically lower than SSDI payments. Recipients usually qualify for Medicaid immediately upon approval. SSI has strict income and asset limits ($2,000 for individuals and $3,000 for couples) that must be maintained to continue receiving benefits.

How do I qualify for SSDI benefits?

Qualifying for SSDI involves meeting these key requirements:

  • You must have worked jobs covered by Social Security and earned sufficient work credits.
  • Your medical condition must meet Social Security’s definition of disability, meaning you cannot do the work you did before and cannot adjust to other work because of your condition.
  • Your disability must have persisted or be anticipated to persist for a minimum duration of one year, or it must lead to death.
  • You must also be under full retirement age. Generally, you must have earned 20 work credits in the last 10 years, though younger workers may qualify with fewer credits based on the individual’s age.

Given the complexity of these requirements, many applicants find their initial claims denied due to technical errors or insufficient documentation.

What medical conditions qualify for disability benefits?

The Social Security Administration (SSA) lists specific medical conditions in its “Blue Book,” including:

  • Back injuries and joint disorders
  • Heart conditions
  • Severe depression, anxiety or PTSD
  • Cancer
  • Epilepsy and other neurological disorders
  • Autoimmune diseases like lupus or rheumatoid arthritis

Even if your condition is not listed, you may still qualify if it significantly limits your ability to perform basic work activities. What matters most is demonstrating how your condition prevents you from working.

How long does the disability application process take?

The timeline for disability applications varies considerably depending on multiple factors. Initial applications typically take three to five months for a decision. If denied, reconsideration appeals usually require another three to four months. Hearings before administrative law judges can add nine to 18 months to the process, depending on your location and case backlog.

If further appeals are necessary, Appeals Council review may add one to two years, while federal court appeals can extend the process even further. The total time from initial application to final approval can range from several months to several years.

Unfortunately, about 65% of initial applications are denied, often leading to a lengthy appeals process. This is a reality that demands legal intervention as quickly as possible.

Why should I hire an attorney for my disability claim?

When facing the disability application process, working with an attorney significantly improves your chances of success. Applications handled by dedicated legal teams have higher approval rates because lawyers understand exactly what medical evidence is needed to support your claim. The attorney can:

  • Communicate effectively with your health care providers while preparing yourself thoroughly for any interviews or hearings
  • Identify and address potential issues before they become problems
  • Appeal effectively if your initial claim is denied
  • Handle all communication with the Social Security Administration

This is not just about filling out forms; it is about telling your story the right way, backed by evidence that meets federal standards. This comprehensive approach helps ensure nothing is overlooked in your case.

How much does it cost to hire a disability attorney?

Most attorneys handling SSDI/SSI cases follow a Social Security-approved model that includes:

  • No fees unless you win your case
  • If approved, payment comes from your past-due benefits (“back pay”)
  • SSA caps this fee at 25% of your back pay, or $7,200 – whichever is less

That said, not all lawyers follow the same arrangement. Some may offer different fee structures depending on the nature of your case or level of involvement. The best approach is to ask up front and get the terms in writing before you commit.

Can I work while receiving disability benefits?

This question has different answers depending on whether you receive SSDI or SSI.

For SSDI recipients:

  • The SSA allows a trial work period where you can test your ability to work while still receiving benefits
  • You can earn any amount during this nine-month period without losing benefits
  • After the trial period, you can still receive benefits in any month you earn less than what SSA considers “substantial gainful activity” (currently $1,470 for nonblind individuals)

For SSI recipients:

  • Rules are more restrictive with lower income thresholds
  • SSI benefits reduce gradually as your income increases
  • Certain income may be excluded from calculations

Working while applying for benefits can complicate your claim, as it may contradict your assertion that you cannot work.

What happens if my disability application is denied?

You have several options for appeal. First, you can file a Request for Reconsideration within 60 days of the denial. If the reconsideration is also denied, you can request an Administrative Law Judge (ALJ) hearing for a more personal review of your case. Should the ALJ deny your claim, you can pursue an Appeals Council Review. As a final resort, you can file a federal court appeal if all previous levels have been unsuccessful.

We Have Been Doing This Since 1979, And We Are Still Here For You

Perhaps we have not addressed the specific issue as deeply as you would want; our 16 office locations throughout Alabama remain ready for extensive help. Pitts & Zanaty, L.L.C., offers free consultations, and we help ensure you get clear answers before making your next move. Call at 855-491-3687 or contact us online today.