Social Security Disability Claims Frequently Asked Questions

The two types of disability benefits offered by the Social Security Administration (SSA) are:
Social Security Disability Insurance (SSDI): Available to individuals who have worked and paid Social Security taxes, earning enough work credits to qualify.
Supplemental Security Income (SSI): A needs-based program for individuals with limited income and resources, regardless of work history.

To apply for Social Security Disability Insurance (SSDI), you must:
Have a medical condition that meets the SSA’s definition of disability.
Have enough work credits, which depend on your age and work history. For Supplemental Security Income (SSI), eligibility is based on limited income and resources and is available to both adults and children who are disabled.

Work credits are earned based on your annual income and the number of years you’ve worked. Generally:
You need 40 work credits, with 20 earned in the last 10 years before becoming disabled.
Younger individuals may qualify with fewer credits. Use your Social Security Statement or contact the SSA to confirm your work credit status.

The SSA maintains a list of medical conditions called the Blue Book, which includes qualifying impairments like:
Neurological disorders (e.g., epilepsy, multiple sclerosis).
Mental disorders (e.g., depression, anxiety, schizophrenia).
Musculoskeletal conditions (e.g., back injuries, arthritis).
Cardiovascular conditions (e.g., heart failure). Other severe conditions may qualify if they prevent you from working for at least 12 months.

Disability attorneys typically work on a contingency basis, meaning they only get paid if you win your claim. The fee is capped by law at 25% of your back pay, up to a maximum of $7,200. You won't pay any upfront fees.

The amount you receive depends on:
SSDI: Based on your average lifetime earnings before becoming disabled. The monthly benefit typically ranges from $800 to $1,800, with a maximum of around $3,600 in 2024.
SSI: Set by federal guidelines, the maximum monthly amount for individuals is $914 (in 2024), though it may be higher in states offering additional payments.

Back pay is calculated based on:
The date the SSA determines your disability began (your onset date).
The date you filed your application. For SSDI, benefits can be paid up to 12 months before your application date, depending on when you became disabled.

The process typically takes:
3 to 5 months for an initial decision.
If denied, reconsideration or an appeal hearing may add several months to over a year. The total timeline can vary based on case complexity and backlog at your local SSA office.

While not required, having a lawyer can significantly improve your chances of approval. Attorneys can:
Help prepare and organize medical evidence.
Represent you at hearings.
Navigate the appeals process if your claim is denied.

If your claim is denied, you can appeal through the following steps:
Reconsideration: A review of your claim by someone who wasn’t involved in the initial decision.
Hearing: Present your case to an administrative law judge.
Appeals Council: Request a review of the judge’s decision.
Federal Court: As a last resort, file a lawsuit in federal court.