FAQs

Frequently Asked Question

What is disability?

The law defines disability as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

HOW LONG DO YOU HAVE TO BE OUT WORK TO QUALIFY FOR DISABILITY?

Your disabling condition must have lasted or must be expected to last for a continuous period of at least 12 months or expected to result in death.

Which Types of Social Security Disability Benefits are Available?

The Social Security Administration runs two programs that provides benefits based on disability or blindness: Social Security Disability insurance (SSDI) and Social Security Income (SSI).

How do you qualify for SSDI?
  • To qualify, an individual must be fully insured, meaning that the person worked long enough, recently enough, and paid Social Security taxes on those earnings.
  • Generally, you need 40 work credits, 20 of which were earned in the last 10 years ending with the year your disability begins. However, younger workers may qualify with fewer credits.
  • We understand that Social Security regulations can be complex. American Disability Group is happy to provide a free consultation to help decide whether disability is the right program for you.
HOW MUCH MONEY CAN I RECEIVE FROM SSDI?

You could be eligible for up to $4018 per a month, but the amount each individual is eligible for is different.

How do I qualify for SSI?

Adults and children may be eligible for SSI if they have: 

    • Little or no income, and 
    • Little or no resources, and 
    • A disability, blindness, or are age 65 or older.
CAN I APPLY FOR BOTH SSDI AND SSI?

Yes, if your earnings are not sufficient to make your SSDI payment higher than a certain amount and you have limited resources, you may also get SSI.

HOW DOES THE SOCIAL SECURITY AMDINISTRATION EVALUATE DISABILITY CLAIMS?
  • The Social security Administration uses a five-step sequential evaluation process.
  • At the first step, Social Security considers your work activity, if any. If you are doing substantial gainful activity, they will find that you are not disabled. 
  • At the second step, Social Security considers the medical severity of your impairment(s). If you do not have a severe medically determinable physical or mental impairment that meets the duration requirement in § 404.1509, or a combination of impairments that is severe and meets the duration requirement, they will find that you are not disabled. 
  • At the third step, Social Security also consider the medical severity of your impairment(s). If you have an impairment(s) that meets or equals one of their listings, they will find that you are disabled. 
  • At the fourth step, Social Security assesses your residual functional capacity and your past relevant work. If they believe that you can still do your past relevant work, they will find that you are not disabled. 
  • At the fifth and last step, they consider their assessment of your residual functional capacity and your age, education, and work experience to see if you can make an adjustment to other work. If you can make an adjustment to other work, they will find that you are not disabled. If you cannot make an adjustment to other work, they will find that you are disabled. 
How long does it take to get a decision after I apply for disability benefits?
  • The Social Security on their website on March 5, 2024, stated that it generally takes 6 to 8 months for an initial decision.
  • The time it takes to get a decision on your disability application can vary depending on:
    • The nature of your disability.
    • How quickly the Social Security Administration can get your medical evidence from your doctor or other medical source.
    • Whether it is necessary to send you for a medical examination.
    • Whether the Social Security Administration review your application for quality purposes.
What happens if I get Social Security disability benefits and I reach full retirement age?

Social Security disability benefits automatically change to retirement benefits when disability beneficiaries become full retirement age. You cannot receive both retirement and disability benefits on one earnings record at the same time.

What are Social Security benefits for wounded warriors?
  • Social Security pays disability benefits to military members or veterans through SSDI and SSI who are disabled under Social Security's definition.
  • If a military member or veteran sustained an illness, injury, or wound while on active duty status on or after October 1, 2001, they will receive expedited processing of their disability claim, regardless of how or where the disability occurred.
How much do I have to pay?

Your payment is contingent upon us winning your case. If you do not win, you do not pay. Please call our office for further information