If you are applying for Social Security Disability Insurance (SSDI), you may have seen some incorrect information floating around the internet or from people around you. As lawyers who handle SSD and SSDI applications regularly, we hear all of these rumors. Today, we are here to dispel the four most common myths about applying for and receiving SSDI.
Reality: the SSDI system allows for individuals to earn some money and still receive SSDI benefits. The determination is whether you have “substantial gainful activity” (SGA). The Social Security Administration (SSA) sets a monetary threshold each year. If your monthly income exceeds this amount, you may not qualify for SSDI. For self-employed individuals without a fixed monthly income, the SSA looks at hours worked instead of earnings. There is also a different threshold for blind individuals. If you are receiving SSDI and want to work or are currently working and want to apply for SSDI, contact an attorney to help you navigate this complicated situation.
Reality: there is a wide range of benefits that the SSA disburses for SSDI benefits. On average, SSDI payments are between $800 and $1,800 each month. The maximum monthly SSDI benefits payment was $3,011 in 2020. Your specific benefits will be determined based on how much you have paid in Social Security taxes over your working lifetime. This amount may be lessened if you receive other benefits from the government, including worker’s compensation or a government pension. Working with an attorney to apply for SSDI benefits is a great way to ensure you get the total amount to which you are entitled. Contact our attorneys here.
Reality: you can appeal a denial of SSDI benefits. There are four levels of an SSDI appeal – a reconsideration application, an administrative judge hearing, an appeals court hearing, then a Federal court review. The procedure for the first step, a reconsideration, is different whether you are appealing for medical or non-medical reasons and whether you have ever been granted SSDI benefits. If you have been denied SSDI either in your initial application or after a continuing disability review (CDR), retaining an attorney is your best bet for success during your appeals. Contact one of our professionals today to get started.
Reality: if an individual 18 or older has been disabled since childhood, they may be eligible for SSDI based on the parent’s payments into the Social Security system. The evaluation is similar to that for an adult who has personally paid into Social Security. However, the requirements for parental payments are complex. If your disabled child is nearing the age of 18, contact one of our attorneys for a consult ASAP.
These common misconceptions are just the tip of the iceberg regarding confusion about the SSDI program. Never fear; our attorneys know and understand the SSDI application and appeal process. Contact us today to start resolving your SSDI issues!
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