Social Security Disability (SSDI) is a program run by the Social Security Administration that pays eligible individuals, individuals who qualify for benefits, a monthly benefit. Only individuals who are eligible and who meet Social Security’s definition of disability before they reach retirement age can get the monthly disability payment.
FICA Work Credits
Social Security Disability is funded by the Social Security taxes (FICA taxes). So, if you haven’t paid into the system for long enough, you won’t be “insured” according to Social Security. Every year you work, you can earn up to four work credits per year. As of 2018, Social Security requires that you earn $1,320 to earn one (1) work credit. So, you have to earn $5,200 in a year to earn the maximum of four (4) work credits for that particular year. In general, most people who are 31 years or older will need to have earned at least 20 work credits in the past 10 years before you became disabled in order to be considered eligible according to Social Security. As you get older, the amount of work credits required increases, as does the amount of years of work required to be eligible. An attorney at Qualify LLC can help you determine whether or not you are “insured,” and whether or not you have sufficient work credits – that’s why it’s essential to hire an attorney before you file your Initial Application.
Qualifying for Disability
Social Security has a complex method for defining disabled. It’s not enough that you think you’re disabled. SSDI is only available to people who have a legitimate, severe, long-term disability that prevents them from working for at least 12 months. You don’t have to wait 12-months, you can apply as soon as you are disabled.
Having a severe disabling condition means your symptoms prevents you from performing Substantial Gainful Activity (SGA). If you are working, and making over $1,180 per month (as of 2018), then Social Security will find you not disabled because you are performing Substantial Gainful Activity. If you are approved, there is a 5-month waiting period before you can receive benefits. However, the application process for most people can take between 6-12 months, so most people have a back-pay award waiting for them. Social Security will pay you a lump sum of benefits once you’re approved dating back to the date when you were first deemed disabled.
Denials and Appeals
If your Initial Application is denied, you still have rights. You can appeal your decision by requesting what’s called a “Reconsideration.” A request for reconsideration is a new review by a completely different disability claims examiner. If that examiner denies your claim, then you can request an appeal to an Administrative Law Judge (ALJ). That judge will hold a hearing, where you can testify, and will review your work history and your medical record. That Judge, the ALJ, will then make a determination as to whether or not you’re entitled to Social Security disability benefits.