Social Security Disability Insurance (SSDI) can provide crucial financial support to people who become disabled and lose their ability to work.
Social Security Disability Insurance (SSDI) is a federal program that provides financial support to people who become disabled and lose their ability to work.
If you’ve become disabled, you’ll need money to help pay for your medical and living expenses. Some people buy disability insurance on their own or through their employer, which roughly replaces your take-home pay during the time you’re disabled or until the end of a predefined benefit period. But if you don’t have a separate disability insurance policy, you may qualify for SSDI, and it’s free.
If you qualify for SSDI, these are benefits that you’ve earned by working and paying payroll taxes to the Social Security Administration. But it’s notoriously difficult to qualify for SSDI. The vast majority of initial applications are denied, and after all levels of appeal the final acceptance rate has averaged a mere 34%.
Filing for SSDI can be overwhelming-the application form alone is seven pages long. And when your health is suffering and you’re trying to manage your day to day life, the Social Security Administration doesn’t exactly make it easy for you. A lawyer can help you through the process whether you are just applying or appealing a denial, and certain lawyers even specialize in SSDI applications. If you hire a lawyer, they will communicate with the SSA on your behalf, make sure your application is filled out correctly, and develop a strategy for winning your case.
Unlike most lawyers, you won’t need to pay your disability lawyer’s fees out of pocket. Lawyers representing clients in SSDI only get paid if they win your case, and their fees are taken out of your SSDI backpay award (past benefits owed to you, not future payments). If you don’t get awarded SSDI benefits, you pay no legal fees.
By law, the maximum fee a lawyer can charge is 25% of your SSDI backpay award up to a maximum of $6,000. Typically, the award is less than the maximum $6,000 amount.
Here’s what this looks like:
You are not required to hire a lawyer to apply for SSDI benefits. There are several ways you can apply on your own:
There is a clear financial benefit to applying on your own--if your application is successful, you won’t have any legal fees deducted from your award.
But keep in mind that less than ⅓ of SSDI applications are approved, and many fail due to incomplete forms or information. The application process can be overwhelming and confusing, and having a lawyer guide you through the process will increase your chance of success.
You are eligible to receive SSDI if you are an American citizen or a legal resident. In the application process, you’ll need to prove that your disability may last for at least one year. And often you will also need to prove that you’ve been working for several years and are no longer able to earn an income above a certain threshold.
The Social Security Administration uses a five-point test to determine whether you meet the SSDI definition of disability:
Under each of these questions, the SSA evaluates various criteria to determine whether you qualify.
SSDI is a cash benefit, paid monthly, for the duration of your disability and it also pays disability to your spouse and children. As of October 2020, the average monthly cash payment is $1,260.55, with spouses receiving $357.05 and children $392.73, on average as well. Here is the average for each of the last three years, which hasn’t changed much:
These are averages, of course, so the amount you will actually receive varies depending on your age and other factors.
If your SSDI claim has been denied, you’re not alone. Most people’s claims are denied--the SSA rejects more than two-thirds of applicants.
Typical reasons for rejection include:
You can contest the SSA’s denial of your claim through four different levels of appeal.
Each step in the process is different.
If your application is denied, you have 60 days to file for reconsideration. The SSA will have another representative review your application and any new evidence you submit, and determine whether you should in fact be granted benefits.
Administrative law judge hearing
If your reconsideration request is denied, you again have 60 days to notify the SSA that you are appealing the reconsideration decision. You will have to go to court and argue your case before an administrative law judge. This is a real court hearing, and you can bring witnesses including medical and workplace experts. Having a lawyer who has experience with SSDI hearings at this stage to question the witnesses and present your case will be extremely helpful. But it is not required--you can present your own case, or bring a friend to present your case.
Review by the Appeals Council
If your application is denied by the administrative law judge as well, you have 60 days to file an appeal to the SSA’s Appeals Council who will determine whether the judge’s decision was correct. The Appeals Council can make its own decision on whether you qualify for benefits, or it may ask the judge to review your case again.
Lawsuit in federal court
If the Appeals Council also denies your application, your last resort is to file a lawsuit in federal district court. This is a full-blown lawsuit against the current Social Security administrator, which requires filing a complaint, paying court fees, and presenting your case against government lawyers. You will also need to comply with the many court rules or risk having your complaint dismissed. Needless to say, hiring an attorney at this stage can be very beneficial as well.
It can take anywhere from three months to over a year to receive your benefits, depending on whether you need to go through the appeals process.
Below is the typical timeline for each stage:
The SSDI application process can be overwhelming, confusing, and lengthy. An attorney can help you navigate the process and get you the benefits you’ve earned.
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