If you have a disability and cannot work, you might realize that there is a wide range of programs, public assistance, and benefits available to you. Some involve State of Georgia agencies that support those with disabilities, but one of the main resources is the federal system for disability. It creates two programs overseen by the Social Security Administration (SSA). You may be eligible for Social Security Disability Insurance (SSDI) if you have a sufficient work history, while Supplemental Security Income (SSI) is needs-based.

As you might expect, SSA has established a very strict set of rules for receiving benefits under government programs like SSDI and SSI. Many applicants are denied benefits unless and until they pursue appeals options. Still, if you qualify, you can obtain the monetary support that you need when you have a disability and cannot work.

Applying for SSDI or SSI is not as easy as filling out a few forms, as you will need meticulous evidence to show that you are entitled to benefits. Mistakes or omissions could lead to delays added on top of an already long process to apply for disability. Retaining an Athens, GA Social Security disability lawyer is a necessity, but you can learn more by reviewing some answers to common questions.

How does SSDI work?

Social Security Disability Insurance is a type of insurance program that you pay through payroll taxes deducted by your employer. The deductions from your paycheck are similar to paying premiums as you do for other forms of insurance. When you accumulate sufficient credits through working, you become eligible for SSDI benefits if you become disabled. For every quarter that you are employed, you add credits to your work history for purposes of eligibility.

The exact amount of money you could receive as SSDI disability benefits varies according to the individual, but the maximum for 2024 is $3,822. Plus, once approved for SSDI, you can also gain access to Medicare benefits regardless of age. You must receive SSDI benefits for at least 2 years before you are eligible for Medicare. It is also possible to back pay in some cases, but the details depend upon your disability onset date.

What is SSI disability?

Supplemental Security Income is also intended for those who cannot earn a living to support themselves, but the criteria are different and create a separate disability program. For SSI, a needs-based program, you must meet the qualifications regarding your net worth. To qualify, you must have limited financial resources by assessment of your income and assets. The ceilings are very low for both, but there are many assets you might own that would not be included in the formula. They are not countable resources and do not apply when measuring your net worth, such as:

• Your home and the land you live on;
• One vehicle;
• Household and personal belongings; and,
• Amounts held in accounts established under specific SSA rules, such as the Plan to Achieve Self-Support (PASS).

How do I meet the medical requirement for Social Security disability?

SSDI and SSI are very different, but they share a common element in terms of defining a disabling condition. To be eligible under the medical requirement, you must suffer from an illness, injury, or ailment that is expected to last at least 12 months or result in death. Plus, your medical condition needs to prevent you from working in your regular occupation.

SSA will also analyze your ability to take on other types of jobs, evaluating what you can do despite having a disabling medical condition. The point of the medical requirement is to determine if you can work at a level of Substantial Gainful Activity (SGA). As a guide for reviewing the medical requirement, SSA uses a Listing of Impairments. Also known as the Blue Book, the list contains thousands of conditions that are recognized as a disability.

What evidence do I need to get approval for benefits?

For Social Security disability, you will need to supply proof according to the criteria for each programme. With SSDI, your payroll and income tax records are critical for showing that you have accumulated sufficient work credits from the last few years. You must include a wide range of documentation on your income and assets to prove that you fall under the threshold for SSI.

However, it is the medical requirement that presents the most challenges with evidence. To increase your chances of approval, you will need to submit all medical records, such as:

• A specific diagnosis of your medical condition;
• Notes regarding your physical and mental limitations;
• A history of treatments that have been applied, including a list of what procedures were successful and those that were not;
• All tests, lab screenings, imaging tests, pathology exams, and diagnostics; and,
• Any information that pertains to your medical condition, history, and limitations.

How long does it take to get SSDI/SSI benefits?

Once you submit your application for Social Security disability, you can expect to wait at least 3 to 5 months before your claim is approved. This assumes you have every detail in order and supply all relevant documentation with your initial application. Note that a large percentage of disability applications are denied at this initial stage. SSA reports that just 21 percent of applications are approved after the first review, making it necessary to go through the appeals process.

After you get approval from SSA, there may still be some time lag before you receive your benefits. With SSDI, there is a 5-month waiting period to ensure that your medical condition is truly disabling. If you apply for and gain approval for SSI, your payment will come 1 month after you apply or become eligible.

What are Compassionate Allowances?

SSA officials recognize that some medical conditions put a person in dire need of benefits, and their ailment is so serious that it is necessary to expedite the application process. These are medical conditions that fall under Compassionate Allowances (CAL), a system where SSA can issue approval because the applicant definitively meets the definition of disabled. Through advanced technology, SSA can pinpoint applications that include these medical conditions that meet the Blue Book requirements. These files are taken out of the normal processing and expedited. Ailments that may qualify for the CAL include:

• Many types of cancer;
• Certain brain disorders;
• Early onset Alzheimer’s disease; and,
• Some rare disorders affect children.

Can I appeal a denial of my Social Security disability claim?

Because only 1 in 5 individuals get approval on their initial application for SSDI/SSI, you can expect that you will need to take additional steps. To pursue your claim, you will go through different stages of Social Security disability appeals. It is critical to work with an Athens, GA Social Security disability lawyer for the complicated process.

1. Reconsideration: The first stage is asking SSA to take another look at your application, especially when you have new medical information to add.
2. Disability Hearings: You can request a hearing before an administrative law judge who will review the decision and make a finding on your application. This proceeding will be similar to a trial, so you can present evidence and testimony.
3. SSA Appeals Council: If your claim is still denied, you can request a review of the disability hearing results.
4. Disability Lawsuit: Once you have been through other stages of disability appeals, you can file a lawsuit in federal court.

What happens after my Social Security disability is approved?

When you finally get SSA approval and start receiving payments, there are ongoing requirements to ensure that you are still entitled to benefits. If you start working again, you must report your activity and earnings to SSA. Doing so means you could be disqualified from receiving disability benefits, but failing to inform SSA could lead to allegations of fraud.

In addition to reporting, you may also be notified that you must participate in a Continuing Disability Review (CDR). SSA conducts these assessments to ensure that you still qualify for Social Security disability, and they must do the CDR every 1 to 3 years.

Can I return to the workforce if I receive SSDI disability benefits?

You have options to go back to work without losing your benefits through different programs offered by SSA.

• There is a Trial Work Period (TWP) that measures your ability to return to work over a 9-month period, which does not need to be consecutive. You can receive full benefits no matter how much you earn.
• An Extended Period of Eligibility (EPE) follows the 9 months of TWP, and it lasts 36 months. During this period, SSA will evaluate your work and income based on SGA. For the EPE, you will receive disability benefits for periods when your earnings are below SGA.
• Expedited Reinstatement (EXR) is a type of safe harbor for those who successfully go back to the workforce lose benefits, and then become disabled again. ER allows a person to start receiving disability benefits without going through the full application process for Social Security disability.

Reach Out to Our Athens, GA Social Security Disability Lawyers

These answers to common questions about SSDI/SSI are useful, but you need details and personalized information to move forward with an application. It is also essential to have legal assistance with filing, disability hearings, and appeals. Our team at Morgan & Morgan, Attorneys at Law, P.C., will serve your needs through every stage. Please contact us to schedule a no-cost consultation with an experienced Georgia SSDI/SSI lawyer. We can explain how eligibility works after learning more about your claim.

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