Frequently Asked Questions About Social Security Disability

Under the Social Security Act, "disability" means "inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months." In simpler terms, this means you must be unable to work in any type of job available in the national or regional economy due to severe medical conditions.

SSDI (Social Security Disability Insurance) is an insurance program based on your work history and Social Security taxes you've paid. SSI (Supplemental Security Income) is a needs-based program for people with limited income and resources, regardless of work history. SSDI has no asset limits and benefits are based on your earnings record. SSI has strict income and resource limits ($2,000 for individuals, $3,000 for couples) and pays a standard federal benefit amount. Both programs use the same medical definition of disability.

For SSDI, you generally need to have worked recently enough and long enough to qualify. Most people need to have worked 5 out of the last 10 years before becoming disabled. However, if you don't qualify for SSDI due to lack of recent work, you may still qualify for SSI if you meet the income and resource requirements.

Yes. Social Security is required to consider the combined effects of all your impairments when determining disability. Many people have multiple conditions that, taken together, prevent them from working—even if no single condition would be disabling on its own. It's important to report all of your medical conditions and how they affect your ability to function.

Social Security's position is that it's not up to your doctor to determine whether you're disabled under their rules. While your doctor's opinion is important evidence, Social Security makes its own independent decision based on all the medical evidence, your work history, your age, your education, and whether there are any jobs in the economy you could perform despite your limitations.

Yes. Social Security must consider age because that's what the law requires. As people get older, they become less adaptable and less able to switch to different types of work. A severe injury that might cause a 30-year-old to switch to a sit-down job might completely disable a 60-year-old who cannot make that adjustment. People age 50 and older may have an easier time qualifying for benefits.

Yes. Mental illness is a frequent basis for awarding Social Security Disability benefits. Your mental condition doesn't have to be severe enough to require confinement in an institution. Many people have mental limitations serious enough to prevent them from performing full-time work, but not severe enough to require hospitalization. Depression, anxiety, PTSD, bipolar disorder, and schizophrenia are commonly approved conditions.

Yes, but there may be an offset. Most people receiving workers' compensation are eligible for additional Social Security Disability benefits. In some cases, you receive the full SSDI amount regardless of your workers' compensation. In other cases, there's a partial offset that reduces your SSDI payment. The offset is designed to ensure your combined benefits don't exceed 80% of your highest past earnings. The calculation is complex, so it's best to consult with an attorney.

You can contact Social Security by telephone at 1-800-772-1213 to start the application process. However, at John L. Harlan & Associates, we handle the entire initial application for you. Unlike other firms that tell you to apply on your own, we complete your application from the beginning to ensure it's done correctly. Everything you say in your application becomes part of your permanent file, so it's critical to get it right the first time.

The timeline varies depending on which stage of the process you're at. Initial applications typically take 6-8 months. If denied and you appeal to Reconsideration, that takes another 6 months. If you request a hearing before an Administrative Law Judge, the wait time is typically 8-14 months for the hearing, plus 1-3 months for a decision after the hearing. The entire process from initial application to hearing can take 1-3 years if you have to go through all the appeal levels.

No. You can file for Social Security Disability benefits on the very same day you become disabled or stop working. Many people make the mistake of waiting months or even years after becoming disabled before filing. There's no reason to delay—if you have a serious illness or injury and expect to be out of work for a year or more, you should file as soon as possible. The process takes a long time, so the earlier you file, the better.

Social Security recognizes a "trial work period" that allows you to test your ability to work without automatically losing your benefits. The law encourages people to try to return to work. If your return to work is unsuccessful and you can't continue working, you won't necessarily forfeit the time you were off work. However, if you successfully return to work full-time for an extended period, you may not be entitled to benefits. It's important to discuss any return-to-work plans with your attorney before making the attempt.

Yes, and you should. Most initial applications are denied, but many claims are eventually approved after appeal. You have 60 days from the date you receive your denial letter to file an appeal. There are multiple levels of appeal - Reconsideration, Hearing before an Administrative Law Judge, Appeals Council Review, and Federal Court. It's critical to file your appeal within the 60-day deadline, or you'll have to start your case over from the beginning.

For SSDI, benefits cannot be paid more than 12 months prior to the date you filed your claim. There's also a five-month waiting period before SSDI benefits begin (unless you also qualify for SSI during that time). For SSI, benefits cannot be paid prior to the month following the date you filed your claim—there's no retroactive payment for SSI. For Disabled Adult Child benefits, there's no five-month waiting period, but benefits cannot be paid more than six months before you filed.

Be honest and complete when providing information to Social Security. Many people fail to mention psychiatric problems because they're embarrassed, or they don't mention learning disabilities from childhood. These issues can be important to your case. Beyond being thorough and honest, the most important things you can do are keep appealing if you're denied, continue getting regular medical treatment, keep detailed records of your symptoms and limitations, and hire an experienced disability attorney to represent you. Statistics show that represented claimants win far more often than unrepresented claimants.

No. SSDI and Social Security retirement are separate programs with different eligibility requirements. For SSDI, you need to have earned enough work credits and become disabled before reaching full retirement age. You don't need to be old enough for retirement benefits to qualify for disability benefits. In fact, many people who receive SSDI are in their 40s, 50s, or early 60s—well before retirement age.

When you reach full retirement age (currently 67 for people born in 1960 or later), your SSDI benefits automatically convert to retirement benefits. The amount typically stays the same, but the classification changes from disability to retirement. This conversion happens automatically—you don't need to do anything or file a new application.

If you've already started receiving early retirement benefits and then become disabled, you may be able to switch to disability benefits. This can be beneficial because disability benefits aren't reduced for early filing the way retirement benefits are. Additionally, if you're approved for disability, your Medicare eligibility can start sooner than it would with retirement. You should consult with a disability attorney about whether this option applies to your situation.

You're not required to hire a lawyer, but statistics consistently show that claimants represented by attorneys win significantly more often than those who go unrepresented. An experienced Social Security Disability attorney knows what judges are looking for, how to present medical evidence effectively, how to cross-examine vocational experts, and how to avoid mistakes that could hurt your case. At John L. Harlan & Associates, we handle your case from the initial application through Federal Court appeals if necessary—giving you the best possible chance of success at every stage.

Your disability attorney handles every aspect of your case, including completing your initial application, gathering medical records and evidence, ensuring all deadlines are met, monitoring your case status, preparing you for your hearing, presenting your case to the judge, cross-examining vocational and medical experts, and appealing to higher levels if necessary. Beyond the legal work, your attorney provides guidance, answers your questions, and takes the burden off your shoulders so you can focus on your health.

Social Security Disability attorneys work on a contingency fee basis. This means you pay nothing upfront, and we only get paid if we win your case. Attorney fees are limited to 25% of your past-due benefits, with a maximum fee cap set by Social Security (currently $7,200 for most cases, though this can be higher in Federal Court appeals). The fee must be approved by Social Security before the attorney receives payment. If there's no recovery, there's no attorney fee. However, attorneys may charge for out-of-pocket expenses such as the cost of obtaining medical records.

The best time to hire an attorney is at the very beginning—before you file your initial application. Everything you say in your application becomes part of your permanent record and will be reviewed by judges if your case goes to a hearing. Starting with an attorney ensures your application is completed correctly from day one. However, even if you've already applied or been denied, it's never too late to get legal help. We can step in at any stage of the process and fight for your benefits.