Frequently Asked Questions (FAQ)
Social Security Disability Attorneys Serving Raleigh and all of North Carolina
Q: What are Social Security Disability benefits?
A: The Social Security Administration (SSA) provides two main disability programs: Social Security Disability Insurance benefits (SSDI) and Supplemental Security Income (SSI). Both of these programs pay benefits to disabled people who meet medical criteria.
Q: Is there a difference between SSI and SSDI?
A: SSDI provides benefits based on taxes paid while you were working. In order to receive SSDI, you must have a sufficient work history and a disabling condition. The work history will depend on factors such as age, years worked, and how recently you have held a job. SSI is a needs-based program for disabled applicants with little income and limited financial resources.
Q: Am I considered disabled enough to qualify for benefits?
A: For most adults, the SSA defines disability as the inability to engage in any substantial gainful work activity due to a serious physical or mental impairment. Also, the physical or mental impairment must prevent the applicant from engaging in work activity for a year or more, or be expected to result in death. The SSA considers whether the applicant is unable to do his previous work and is also unable to engage in other work considering the applicant’s age, education, and work experience. Therefore, you must be completely disabled in order to qualify for benefits. You do not have to be permanently disabled. Social Security benefits do not cover partially disabled people.
Q: What if I am denied benefits?
A: When a claim is denied, you have the right to appeal. Appeals occur at many levels. These include claim reconsideration, a hearing before an administrative law judge, an Appeals Council review, and review by the federal district court. You only have a limited time to appeal your claim. Therefore, you should seek the advice and assistance of an attorney soon after receiving a denial.
Q: Can I still qualify for benefits even if I work?
A: In short, yes. The SSA presumes that an applicant is engaging in substantial gainful activity if the applicant is earning more than the monthly amount set by SSA. If the applicant earns over this amount, the SSA will usually find them not disabled, even if the applicant has a serious disability. If your monthly income falls below the amount set by the SSA, you may be eligible for benefits. It is possible to work after qualifying for benefits by taking part in a 9-month trial work period.
Q: Will the amount of my benefits be based on the severity of my disability?
A: No. The amount of your disability benefits will be calculated based on your work and earnings history. It does not have anything to do with the nature or severity of your disability.
Q: When do my benefits start if I am approved?
A: Typically, benefits will start approximately six months after your disability starts. The whole application process can take a long time. It is important to start your claim right away.
Q: Is it possible to receive Social Security Disability and workers’ compensation?
A: Benefits being paid by workers’ compensation could reduce the benefits that you are paid from Social Security. Although this is true, you can receive them at the same time. If your total benefits exceed 80% of your earnings, your disability benefits may decrease.
For help with a legal matter involving Social Security Disability or Supplemental Security Income, contact a Raleigh Social Security attorney at our law offices today!