SSDI Benefits Attorneys Serving Clients Nationwide

For many people, Social Security Disability Insurance (SSDI) benefits represent a critical lifeline, offering financial support and access to medical care. However, SSDI benefits can often be difficult to understand, as they involve complex legal criteria, documentation requirements, and procedural steps.

When applying for SSDI benefits, a knowledgeable attorney who understands SSDI law can significantly increase the chances of your claim being approved. At Gordon, Wolf & Carney, we know that dealing with a disability is challenging by itself. With a personalized approach, our Social Security attorneys will help guide you through the application process and work with you to strengthen your claim and secure the benefits you deserve.

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What SSDI Benefits Are Available?

SSDI benefits are designed to offer financial assistance and support for you and your family due to a long-term medical condition or disability. Some of the medical conditions laid out by the Social Security Administration (SSA) that may qualify for SSDI benefits include:

Cardiovascular conditions
Mental disorders
Musculoskeletal problems
Neurological disorders
Immune system disorders
Respiratory illnesses
Cancers

SSDI benefits are not one-size-fits-all. To qualify for SSDI benefits, you must satisfy strict criteria, including the severity of your condition and how it affects your ability to engage in substantial gainful activity. Depending on your circumstances, there are several types of benefits you may be eligible for:

Disability Insurance Benefits (DIB): These are the most commonly known SSDI benefits, intended for those who have worked and paid into Social Security but are now unable to work due to a disability.
Disabled Widow’s or Widower’s Benefits (DWB): This benefit is designed for those who are at least 50 years old and who were disabled within a specific period after the death of their spouse who was insured under Social Security.
Disabled Adult Child Benefits (DAC): If a child becomes disabled before the age of 22, they may be eligible for SSDI benefits based on their parent’s Social Security earnings record, provided the parent is deceased or starts receiving retirement or disability benefits.
Supplemental Security Income (SSI): Though not technically part of SSDI, SSI is a program that offers benefits to disabled individuals with limited income and resources, including children. SSI eligibility does not depend on an individual’s work history.

Each benefit has specific eligibility requirements laid out by the SSA and is calculated based on your average lifetime earnings before your disability.

How to Apply for SSDI Benefits

To apply for SSDI benefits, you must submit an application and provide supporting evidence to the SSA. The general steps to apply for SSDI benefits include:

Collect the Necessary Documentation: Gather all the documents for your application, including your Social Security card, birth certificate, detailed medical records, list of medications, summaries of the jobs you worked, and your most recent W-2 or self-employment tax returns.
Review the Disability Checklist: The SSA provides a Disability Starter Kit that includes a checklist and worksheet about the information you will need to include in your application.
Complete the Application: You can apply for SSDI benefits online, by phone, or in person at a local Social Security office. Online applications can be completed at your own pace, and you can save your progress as you go.
Submit a Disability Report: Alongside your application, you need to fill out an Adult Disability Report. This report provides detailed information about your medical condition and how it affects your ability to work.
Attend an Interview: If you apply by phone or in person, you’ll need to interview with a Social Security representative. If you apply online, you may be contacted for a phone interview. Be prepared to discuss your medical condition and how it impacts your ability to work.
Wait for the Decision: After submitting your application and the necessary documentation, your case will be reviewed by the Disability Determination Services in your state. They may contact you for additional information or to clarify your medical condition or work history.
Respond to Requests for Additional Information: Promptly answer any requests for additional information from the SSA or Disability Determination Services. Delayed or no response can impact your application.

Applying for SSDI benefits requires patience, but if you feel overwhelmed, an experienced attorney can help answer your questions and guide you through the entire process.

What Happens If Your SSDI Benefits Claim is Denied?

If your SSDI benefits claim is denied, you have the right to appeal the decision. When you submit an appeal, your claim will be reconsidered by someone who did not take part in the initial decision. If your claim is denied again, you can request a hearing before an administrative law judge.

Our team at Gordon, Wolf & Carney can guide you through the appeals process, ensuring your claim receives the thorough consideration it deserves.

Remember, a denial is not the final word; with the right legal support, you can fight to overturn the decision and secure the benefits you need.

Tips for Increasing Your Chances of Getting SSDI Benefits

Apart from submitting a complete application, here are some additional tips to maximize the chances of your claim being approved:

Provide Comprehensive Medical Documentation: Submit detailed medical records that chronicle your disability, including diagnoses, treatments, and how your condition impacts your ability to work.
Follow Your Doctor’s Recommendations: Adhere to your treatment plan to demonstrate you are taking your condition seriously and that the severity of your condition makes you unable to work.
Stay Organized: Keep meticulous records of all your medical treatments and interactions with healthcare providers, the SSA, and any legal advisers. This includes appointments, phone calls, application submissions, and any other correspondence.
Be Thorough on Your Application: When applying for benefits, detail every way your disability affects your daily life and work capabilities. Missing or incomplete information could lead to a delay or denial.
Keep Your Contact Information Up to Date: Ensure the SSA can always reach you to avoid delays. If you move or change your phone number, update your information immediately.
Consult with an SSDI Attorney: Knowledgeable SSDI attorneys can provide invaluable assistance, from ensuring your application is complete to representing you in an appeal if your initial claim is denied.

SSDI Benefits FAQs

If My Application Is Accepted, how Much Money Can I Receive from Disability Benefits?

The SSA determines the amount of benefits one receives by reviewing that individual’s past work history, the amount of income received, and the current household situation. In April of 2015, the national average SSDI payment given out to beneficiaries was $1,165 while the national average SSI payment was $541. The maximum payment allowed for SSDI in 2019 is $2,861. The maximum payment for SSI in 2019 is $771 and will increase in 2020 to $783.

Can I Get Both Worker’s Compensation and Social Security Disability Benefits?

Yes, it is possible to receive both at the same time however there is a counterbalance. In the majority of states, when an individual receives workers compensation it reduces their social security disability benefits. In the minority of states workers compensations is reduced due there is approval of disability benefits.

Can I Still Qualify for Disability Benefits if My Disability Isn’t Permanent?

The SSA considers an individual disabled under Social Security rules if their “disability has lasted or is expected to last for at least one year or to result in death.” If your disability isn’t permanent but will last more than a year, you still can qualify for disability benefits.

Can I get both workers’ compensation and Social Security Disability benefits?

It is possible to receive both workers’ compensation and Social Security Disability benefits at the same time. However, your SSD benefits may be reduced if your combined benefits exceed certain limits set by federal law. These offsets can be complicated, and mistakes can lead to overpayments or unexpected reductions. An attorney can help you understand how workers’ compensation may impact your disability benefits and ensure your benefits are calculated correctly.

What happens if I start to feel better and return to work while on benefits?

The Social Security Administration offers programs that allow beneficiaries to attempt a return to work without immediately losing their disability benefits. These programs are designed to encourage individuals to test their ability to work while still providing a safety net if their medical condition worsens. However, returning to work can affect your benefits depending on how much you earn and how long you are able to work. It is important to report any work activity to Social Security and understand how these programs apply to your specific situation.

Can I receive SSD benefits and still work at the same time?

Yes, in some situations, you may be able to work while receiving Social Security Disability benefits. The SSA allows limited work activity under specific rules, such as trial work periods, which give beneficiaries the opportunity to attempt employment without immediately losing benefits. That said, earning above certain income limits can impact your eligibility. Because these rules are detailed and strictly enforced, getting guidance before returning to work can help protect your benefits.

SSDI Benefits Attorneys in Maryland Serving Clients Nationwide

At Gordon, Wolf & Carney, located in Towson, Maryland, we understand the impact SSDI benefits can have on your life. Whether you are applying for the first time or appealing a denied claim, our dedicated team will work tirelessly to strengthen your claim and maximize your chances of securing the benefits you rightfully deserve. Contact us to learn how we can help you obtain the financial support and medical care you need.