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Social Security Disability FAQ

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Ruth C. Smith Asheville Personal Injury Lawyer

What are social security benefits?

Social Security is designed to insure persons against disease and disability which would prevent them from earning income.
There are two main types of social security benefits.  The first, Social Security Disability Insurance (SSDI) is available to adults who have worked and paid into the system.  Under certain circumstances it is available to their dependents, including widows or widowers and adult disabled children.  The amounts available depend, in part, on the earnings of the qualifying worker.  A forty year old factory worker who through illness becomes blind might be eligible for this benefit.
The second type of social security benefit is Supplemental Security Income (SSI).  SSI is available to disabled adults and children who have not paid into the system, but due to a disability or illness, cannot produce income.  These persons must meet financial eligibility.  An example of this type of benefit eligibility would be a mentally handicapped child who turns eighteen.

How long do I have to pay into the system to qualify for SSDI?

The Social Security Administration uses a credit system to determine your eligibility.  Credits are assigned for each year that you work, up to four credits per year.  In 2010 you receive 1 credit for each $1,120 earned.  Each year the  amount of earnings goes up slightly as average earning levels increase.  

How many credits you need depends on how old you are when you become disabled. 
  • If you become disabled before age 24, you generally need 1½ years of work (six credits) in the three years before you became disabled.
  • If you are 24 through 30, you generally need credits for half of the time between age 21 and the time you became disabled.
  • If you are disabled at age 31 or older, you generally need at least 20 credits in the 10 years immediately before you became disabled. 
For more information refer to Social Security Disability Credits Information.

Can I get short term disability through SSDI?

No, SSDI provides insurance only for long term or permanent disabilities.

When can I receive social security disability benefits?

The Social Security Administration has a five month waiting period before benefits can begin.  Social security disability benefits can begin in the sixth full month. 

How do I apply for social security disability benefits?

You may apply in person at your local social security office.

What happens if my social security disability application is denied?

You have the right for a review, which involves a second party at the social security administration reviewing your application.  If you are denied social security disability benefits upon review, you may request a hearing before an administrative judge.  If that hearing results in further denial, you may appeal to a federal court.

What will it cost me to hire a social security disability lawyer?

The Ruth Smith Law Firm operates on a contingency fee for SSDI cases.  This means that unless we win your case, you will owe us nothing.  Our contingency fee is 25% of past due benefits, and in no case will exceed $6000 regardless of the amount of past benefits.