Disability, Social Security

Social Security Disability Income (SSDI) and Social Security Supplemental Income (SSI) are programs of the United States government that provide monthly payments to persons who are unable to work or earn up to a set income due to physical or psychological illness(es). If you are a citizen or legal resident of a country other than the United States, you will need to research what, if any, benefits might be available to you. The contact information for Social Security is www.ssa.gov or 1-800-772-1213. The phone line is open 8 am to 7 pm local time, Monday-Friday. You can also visit a local Social Security office in person.

The following paragraphs are an overview of disability benefits for which an individual in the U.S. may qualify. This is not for disability that resulted from a workmen’s compensation injury/illness. There are two main sources of disability insurance benefits—the Social Security system or private disability insurance (the premiums for which are paid by the individual and/or their employer). Rules and procedures are somewhat different between the two forms of disability insurance. If you are eligible for private disability insurance, it is important to learn their requirements and processes. To qualify for Social Security Disability benefits, the person’s disability must be expected to last at least a year or more or will result in death. The length of time that a disability must exist may be less with some private insurance plans, but there usually is some “waiting period.” To qualify for SSDI the person must have worked a certain number of months, usually at least 60, in the last 10 years. SSI is for persons who meet the same definition of disability but have not met the employment requirement. The amount of SSDI monthly benefits paid will depend on the person’s earned income but will not begin any earlier than six months after the date that it is determined by Social Security that the disability began. That is, you will need to self-fund your living expenses for at least the first six months that you aren’t working.

SSI monthly benefits are less than those of SSDI—often less than $1,000 per month. Persons who are approved for SSI often qualify for state Medicaid health insurance and other benefits.

Persons approved for SSDI are eligible to apply for Medicare 24 months after the date Social Security determined they were eligible for SSDI or at the usual age of 65. They will have no government health insurance for the first 24 months during which they are not working (unless they are eligible for Medicare by being age 65 or over, having end-stage renal disease, etc.) and likely will no longer be eligible for any health insurance that they had previously received through their employer. It is important to consider what you will do for health insurance during any waiting period.

Individuals that are older than the “full retirement age” are not eligible for any SSI or SSDI payments. Most private disability insurances also only pay benefits until the person reaches “full retirement age.” The “full retirement age” in the past was age 65 but has gradually increased to age 67 for those born after 1960. Once a person reaches “full retirement age” they are often eligible for usual “retirement” benefits such as standard Social Security, pensions, etc.

You do not need to hire an attorney to begin the process. It is usually possible for an individual to navigate the process themselves, at least for the first one or two steps. If you hire an attorney to assist you in the process, many lawyers will work on “contingency” which means there is no up-front fee or if your claim is denied. The lawyer most often gets a portion of any benefits for which the client is approved.

If you are denied benefits, there is an appeal process. The appeal process can take months to years. It may be wise to hire an attorney for at least the fourth appeal (when the case is heard by an administrative law judge).

Survivors are advised to take an active role in the process of applying for disability benefits by assisting with the collection of medical documents and relevant information, following the claim process step by step, making copies of important documentation, meeting all deadlines, periodically checking where your claim is in the process, and appealing, if necessary.