If you’re considering applying for Social Security disability benefits, you’re not alone. Almost 9 million people received disability benefits in 2018. This shouldn’t come as a surprise considering studies show that a 20-year-old worker has a 1 in 4 chance of becoming disabled before reaching full retirement age.
Despite the large number of people receiving social security disability benefits, misconceptions and confusion persist.
In this article, we’ll explain what Social Security disability benefits are, clear up some misconceptions, and provide advice for those looking to apply.
The Social Security Administration (SSA) administers a program that pays disability benefits to people who can’t work because they have a medical condition that’s expected to last at least 1 year or result in death. The program is called Social Security disability insurance (SSDI) and it’s funded through payroll taxes.
In order to qualify for SSDI, you must:
The SSA also has a program called Supplemental Security Income (SSI). The program is very similar to SSDI. Just like SSDI, the SSA must consider you “totally disabled” before you can receive these benefits.
The principle difference between SSDI and SSI is that SSI has an additional need-based requirement. In order to receive SSI, your countable resources must not be worth more than $2,000 for an individual or $3,000 for a couple. Resources include things like cash, land, and personal property that could be sold for cash.
Workers’ compensation is a form of insurance that pays medical expenses and lost wages to employees who are injured while doing their job. It’s your employer’s responsibility to carry workers’ compensation insurance.
Workers’ compensation may be paid by federal or state workers’ compensation agencies, employers, or insurance companies, but has nothing to do with the SSA. The injuries and medical conditions covered by workers’ compensation vary by state but, in general, eligibility is very different from SSDI and SSI.
For example, it’s not necessary to be “totally disabled” in order to receive workers’ compensation insurance. On the other hand, there are certain conditions, including most mental health conditions, that aren’t covered by workers' compensation but generally covered by SSDI and SSI.
Yes! You can receive workers’ compensation benefits and social security disability benefits at the same time. However, the total amount of these benefits can’t exceed 80% of your average earnings before you became disabled.
If your workers’ compensation benefits and social security disability benefits exceed the 80% threshold, the SSA (in most states) will reduce the amount of disability benefits you receive until your benefits total 80%. In some states, your workers’ compensation benefits will be reduced instead.
There are 2 ways to apply for SSDI or SSI:
To complete the application, you’ll need to provide some background information (place of residence, income, etc.), describe your medical condition, and provide any supporting medical records.
Once you submit your application, it will be reviewed by state medical and vocational experts. These experts may contact your doctors. In some cases, the state might require you to undergo a medical examination.
In general, it takes 3-5 months to receive a decision.
If your request is denied, you’ll have 60 days to appeal the decision. In most cases, the appeal will involve a hearing in front of an administrative law judge.
You’re not required to hire an attorney to file for disability benefits. You’re also not prohibited from hiring an attorney. Whether or not you should hire an attorney is entirely dependent on your circumstances. For many people, hiring an attorney to help gather medical records and fill out the application is well worth the cost.
If your application is denied and you choose to appeal the decision, hiring an attorney is generally a good idea. Social Security disability attorneys have experience reviewing denials and determining what information is needed to strengthen your case. Attorneys understand what administrative law judges are looking for and are able to present the information during the hearing in an effective and convincing manner.
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