WHAT IS SSDI - AND HOW DO YOU GET IT?

SSDI stands for Social Security Disability Insurance.  Workers pay for this insurance by having FICA taxes deducted from their pay checks for as long as they work.  Then, if they become disabled they are "insured" and may file a claim for monthly benefits.  Persons who have never worked are not "insured" and cannot receive SSDI (though they may qualify for SSI, a separate program).  Also, persons who have not worked for the last five-year period may have lost their SSDI eligibility but it pays to check and not assume this.

To qualify for SSDI, a person must have a severe disability which has lasted, or is expected to last at least 12 months.  This impairment must be severe enough to prevent full-time work.  The individual must file a claim with the Social Security Administration and provide medical evidence of a disability (doctor's records, etc.).  It usually takes 90 to 120 days to get a decision (yes or no) on an application.

SSDI is not needs based.  A person does not have to be poor or have limited income or resources to get SSDI.  However, you cannot be working at substantial gainful activity when applying for SSDI.  In 2016, substantial gainful activity is defined in dollar amounts as earning wages of at least $1,130 per month.  Non-earned income (such as pensions, insurance payments, investments, child support, etc.) are not disqualifying.

If your claim is denied, you will file an appeal (also called a Request for Hearing) and ask for the opportunity to present new evidence and appear at a hearing.  In Alabama, only about 30 percent of new applications are approved without an appeal.  

Appeals are legal procedures.  While they are semi-formal, there is a presiding judge, testimony will be taken, evidence will be reviewed and the claimant will be required to prove his/her case.  An attorney or disability representative will prove very useful in the appeal process and will only charge a fee if the appeal is successful.

SSI is an entirely different program.  It stands for Supplemental Security Income.  SSI is for persons who are disabled and have very limited income and financial resources; thus, it is a needs based program.  SSI does not require a work history, so persons who have never worked may receive SSI.  You will need the same medical proof for an SSI claim as for an SSDI claim - because the medical evidence requirements are exactly the same.
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The Forsythe Firm in Huntsville is exclusively focused on helping individuals with Social Security disability claims and appeals.  We welcome you to call for a free consultation without cost or obligation.  (256) 799-0297.

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