Social Security Disability Benefits: A Complete Guide

Millions of Americans who can no longer work due to physical or mental disabilities depend on Social Security Disability (SSD) benefits as an important lifeline. While the program provides essential support for those in need, navigating the application process can be complex and overwhelming—and some deserving people can be wrongly denied their benefits as a result. 

What Are Social Security Disability Benefits?

Social Security Disability benefits are a form of financial assistance provided by the federal government to individuals who are unable to work due to a severe disability. These benefits are intended to provide financial support when a person’s disability prevents them from maintaining gainful employment for at least one year or is expected to result in death.

There are two main types of Social Security Disability benefits:

Social Security Disability Insurance (SSDI):

• SSDI benefits are available to individuals who have worked and paid Social Security taxes for a certain period of time. Eligibility is based on work history and the amount of Social Security taxes the person has paid during their career.
• To qualify for SSDI, you need to have worked in jobs that were covered by Social Security and accumulated enough “work credits” (usually 40 credits, with at least 20 of those coming in the past 10 years).

Supplemental Security Income (SSI):

• SSI is a needs-based program that provides assistance to people who have limited income and resources, regardless of their work history. SSI is available to low-income individuals who are disabled, blind, or elderly.
• Eligibility for SSI is based on financial need, which includes income and resources that may affect a person’s ability to qualify.

What Qualifies as a Disability for Social Security Benefits?

The Social Security Administration (SSA) defines disability as the inability to engage in substantial gainful activity (SGA) due to a medically determinable physical or mental impairment. To qualify for SSD benefits, the disability must:

• Be expected to last at least one year or result in death.
• Prevent you from performing substantial gainful activity (SGA), which generally means working and earning more than a set amount each month.
• Be supported by medical evidence from a healthcare provider.

The SSA maintains a list of impairments known as the "Blue Book" that provides guidelines on the medical conditions that may qualify for Social Security Disability benefits. Conditions in the Blue Book include:

• Cardiovascular conditions
• Musculoskeletal disorders
• Mental disorders
• Neurological conditions
• Respiratory conditions
• Cancer
• And many others

If your condition is not listed in the Blue Book, you may still be eligible if your condition is deemed equal in severity to those listed.

How Do You Apply for Social Security Disability Benefits?

The application process for SSD benefits can be lengthy and complicated, and many applicants are initially denied. The process typically involves the following steps:

Initial Application:

You can apply online through the SSA website, by phone, or in person at a local SSA office. During the application, you’ll need to provide detailed information about your medical condition, work history, and other personal information.

Medical Evidence:

You should submit comprehensive medical documentation to prove your disability. This includes medical records, test results, and statements from your doctors.

SSA Review:

Once the application is submitted, the SSA will review your case. This can take several months. They will evaluate your medical condition and work history to determine whether you meet the eligibility requirements.

Decision:

The SSA will send you a decision letter. If your application is approved, you will begin receiving benefits. If denied, you have the option to appeal.

Common Challenges When Filing for Social Security Disability Benefits

Although Social Security Disability benefits are designed to assist individuals with disabilities, the application process can be daunting. Some common challenges include:

Denied Claims

It is not uncommon for Social Security Disability claims to be denied, especially on the first attempt. According to the SSA, nearly 70% of initial claims are rejected. Many claims are denied due to:

• Inadequate medical evidence: If your medical records do not sufficiently demonstrate the severity of your disability, the SSA may reject your claim.
• Failure to meet eligibility requirements: If you do not have enough work credits for SSDI or meet the financial need criteria for SSI, your claim may be denied.
• Errors in the application: Minor mistakes on your application, such as incorrect information or missing documentation, can delay the process or result in a denial.

Long Processing Times

The SSD application process can be slow. From the time you submit your claim to the time you receive a decision, the process can take months or even years in some cases. If your claim is denied and you decide to appeal, the wait can be even longer, especially if you require a hearing before an administrative law judge (ALJ).

Insufficient Medical Documentation

The SSA requires detailed medical documentation to support your claim. Without sufficient evidence, such as medical records, test results, and doctor’s notes, the SSA may not approve your application. Many applicants face delays or denials due to a lack of proper documentation.

Failure to Prove the Inability to Work

The SSA must determine that you are unable to perform substantial gainful activity (SGA). If you are still working or earning income above the SGA limit, your claim may be denied. It’s important to provide evidence showing that your disability prevents you from working at a significant level.

Appeals Process

If your claim is denied, you have the right to appeal the decision. However, the appeals process can be long and complicated, involving multiple levels of review, including reconsideration, a hearing with an administrative law judge, and possibly further appeals. Many applicants find themselves overwhelmed by this lengthy process.

How Morgan & Morgan Can Help With Your SSD Claim

At Morgan & Morgan, we understand the challenges of navigating the Social Security Disability system. Our experienced team of attorneys can help you at every stage of the process, from initial application to appeals. Here’s how we can assist you:

Free Case Evaluation

You can discuss your case and learn more about your legal options for free with Morgan & Morgan. We will listen to your story, review your medical condition, and help determine if you may be eligible for Social Security Disability benefits. If you decide to move forward, we can begin working on your claim right away.

Gathering and Organizing Medical Evidence

We understand that medical documentation is critical to the success of your claim. Our team will help you obtain the necessary medical records, test results, and other supporting documents to build a strong case for your disability claim. We work closely with healthcare providers to ensure that your medical evidence is complete and accurate.

Handling the Application Process

Filing for SSD benefits involves completing a lot of paperwork, and errors can lead to delays or denials. Our legal team will ensure that your application is thorough, accurate, and timely. We will handle all the details and make sure that all necessary documents are submitted to the SSA.

Appeals Process

If your claim is denied, we will guide you through the appeals process. Our team will help you understand the reasons for your denial, assist you in gathering additional evidence if needed, and represent you during hearings. We will fight to ensure you receive the benefits you deserve.

Maximizing Your Benefits

In some cases, individuals may be entitled to additional benefits, such as back pay, which compensates you for the months you’ve been waiting for your claim to be processed. We will work to ensure that you receive all the benefits you are entitled to, including retroactive payments for the time you were disabled but not yet approved for SSD.

Ongoing Support

The process doesn’t end with the approval of your claim. We offer ongoing support and guidance throughout the duration of your benefits. If you need to report changes in your condition or income, we will assist you in maintaining compliance with SSA regulations.

Get Started in Minutes

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation today.

Frequently Asked Questions About Social Security Disability Benefits

How Do I Apply for Social Security Disability? 

There are three main methods to apply for Social Security disability benefits. You can:

• Apply online.  
• Contact by phone at 800-772-1213 (or TTY at 800-325-0778 if you are deaf or hard of hearing). Make an appointment with an SSA representative to help you apply for benefits. 
• Inquire in person at your local Social Security office.

How long does it take to get approved for SSD benefits?

The approval process can take several months. If your application is denied and you need to appeal, it may take longer, especially if you require a hearing with an administrative law judge.

Am I required to wait a certain amount of time before I’m allowed to file for Social Security disability benefits?

If you are over the age of 62 or disabled, there is no particular wait period to file for Social Security, but there are a minimum number of “work credits” required to be eligible.

The real wait time comes after the application. Generally, if your application for Social Security Disability Insurance (SSDI) is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date on which it is determined that your disability began.

Considering all of this, the answer to the question is that you shouldn’t wait at all. If you are disabled and are owed disability benefits, act now. Contact Morgan & Morgan for more information.

Can I apply for SSDI benefits if I am still working?

You can apply for SSDI benefits while working, but if you are earning more than the SSA’s substantial gainful activity (SGA) limit, your claim may be denied. The SGA limit is adjusted annually, so it’s important to check the current threshold.

Can I qualify for SSD if my condition is not listed in the SSA Blue Book?

Yes, you can still qualify if your condition is severe enough to prevent you from working. The SSA evaluates conditions that are not listed in the Blue Book on a case-by-case basis.

Can I receive both SSDI and SSI?

In some cases, individuals may qualify for both SSDI and SSI, especially if their SSDI benefits are low due to limited work history or a short work history. SSI provides a safety net for those with limited financial resources.

Can My Spouse and Children Get Social Security Benefits? 

SSDI Recipients 

The children and spouses of SSDI recipients might be eligible for monthly Social Security payments. 

Your spouse can qualify under these circumstances if: 

• They are over 62 years old.
• They are caring for a child under 16 years old.
• They are taking care of a child with disabilities (no age limit).

If your spouse falls under any of these categories, they can be eligible for a monthly benefit that is up to 50% of the monthly amount you collect.  

Your children (biological, adopted, and dependent stepchildren) may qualify for benefits if they meet these requirements: 

• They are under 18 years old and unmarried.
• They are under 19 years old and go to secondary school full time.
• They are disabled and became so before they were 22 years old.

Most of the time, your child stands to be paid up to 50% of your total SSDI monthly benefit. If your child was disabled before age 22, they may be eligible for 100% of your total SSDI monthly benefit.

SSI Recipients 

Unfortunately, your spouse isn’t entitled to any benefit payments with SSI. Your child may be able to get benefits if your family meets the income and asset requirements for SSI (see question 1) and if they are disabled. 

Your child must have severe functional limitations and have been disabled for at least a year. Their condition also needs to be expected to last at least another year. Lastly, your child can’t be working and earning over $1,200 per month. 

Pro tip: Apply for benefits for family members who meet eligibility requirements when you first apply for them to avoid delaying the decision. 

How Does the SSA Decide if I Am Disabled? 

Although each case varies, the SSA will generally look at these factors to determine if you are disabled: 

• Check if you’re performing substantial gainful activity
• Make sure your impairment is “severe”
• Determine if your disability satisfies the Blue Book guidelines 
• Decide if you can perform your past work, and if not: 
• Determine whether you can do other types of work

What Is “Substantial Gainful Activity”? 

Substantial gainful activity (SGA) is when a disability claimant is earning more than $1,220 a month ($2,040 for blind claimants). Investments, gifts, and other nonwork sources aren’t included as part of their income.

If the claimant is earning more than the SGA threshold, they will be denied for Social Security disability benefits. 

How Does Disability Determination Services Determine if My Disability Is “Severe”? 

Disability Determination Services considers a disability severe under these conditions: 

• The disability claimant can’t work for a minimum of a year, or:
• The claimant's condition will result in death

Can I Qualify for Social Security Disability While Working? 

If you’re earning a small salary and working only a few hours a week, it’s still possible to be approved for disability payments. 

However, if you are working full time and earning more than the SGA threshold ($1,220 a month or $2,040 for blind claimants), you will be denied Social Security disability benefits. 

What Happens if I Am Denied the First Time I Apply for Social Security Disability? 

Upon being denied for Social Security disability, you have 60 days from the date you get your determination letter to appeal the decision. Appealing is your best chance of receiving a favorable determination in the future. 

How Much Will I Receive in Social Security Disability Benefits?

Like many things involving the government, calculating how much money you will receive after getting approved for Social Security disability benefits is complicated. 

The formula applied by the Social Security Administration is neither easy to understand nor easy to describe. And even if you understand the formula, the actual amount of money you receive might differ, depending on the circumstances.

If you want to be certain how much money you should receive, the best option is to speak to a Social Security disability attorney who understands the system and has experience calculating exact benefits. The attorney can determine how much you should be receiving and help you apply without making mistakes that would cost you money.

If you need Social Security disability benefits to make ends meet, you want to make certain that you get paid every dime you deserve. Even a few dollars a month could make a huge difference. The attorneys at Morgan & Morgan have the experience and skills to help you. Contact us immediately to get a free case evaluation and discuss your options.

Can I appeal a denied claim?

Yes, if your claim is denied, you have the right to appeal the decision. The appeal process involves several steps, including reconsideration, a hearing before an administrative law judge, and possibly further appeals.

Contact Morgan & Morgan for Help

The Social Security Disability benefits application process is complex, and many individuals face challenges along the way. Whether you are applying for benefits for the first time or need help with an appeal, Morgan & Morgan is here to help.

Our experienced team is dedicated to helping you navigate the Social Security Disability process, ensuring that you receive the benefits you deserve. If you or a loved one is struggling with a disability, don’t hesitate to contact us for a free case evaluation.