Frequently Asked Question

SSDI is a benefit program for workers who become disabled and unable to work before reaching retirement age to collect Social Security retirement benefits. SSDI is paid from payroll taxes collected and held in the Social Security Trust Fund. You must work long enough and recently enough at jobs where you paid Social Security taxes on your earnings to be eligible for SSDI benefits. Family members of an insured worker also may qualify for SSDI.

The SSI program was created to provide money for food, shelter, and other necessities for people who are blind, disabled, or 65 years of age or older who have no income or very limited income and resources. You do not need a work history to qualify for SSI benefits. Some provide supplemental payments and Medicaid to their residents who qualify for federal SSI benefits.

It takes time for SSDI and SSI applications to be processed, so you should apply for benefits as soon as you meet the eligibility requirements for one or both programs.

Yes, you can apply for and receive benefits through both programs. However, the benefits you receive from SSDI count against and reduce your SSI monthly benefits. National Disability Experts can explain dual eligibility and determine how much you could receive.

Social Security defines “disabled” for SSDI and adults through the SSI program as the inability to engage in substantial gainful activity because of a medically determinable physical or mental impairment expected to last for no less than 12 months or cause death.

A child applying for the SSI benefits as disabled must have a medically determinable physical or mental impairment expected to last for at least 12 months or result in death. The impairment or impairments must cause marked and severe functional limitations.

Substantial gainful activity refers to those physical and mental activities required for work. Instead of evaluating each applicant’s activities, the Social Security Administration uses monthly income to measure whether a person’s activities are substantially gainful. In 2024, the dollar amount for substantial gainful activity is $1,550 monthly. It’s $2,590 per month for someone who is blind.

You have the right to appeal a denial of benefits. You have only 60 days to file and preserve your right to challenge an adverse determination.

The appeal process has four levels, starting with a request for reconsideration and continuing to the hearing level with a formal hearing with an administrative law judge. If the ALJ rules against you, you can request a review by an Appeals Council, followed by an appeal to a federal district court as a civil action.

According to the Social Security Administration, people with representation are three times more likely to win an appeal than those who try to represent themselves. A Social Security disability lawyer or disability advocate has an intimate knowledge of disability laws, regulations, and procedures and knows how to gather and present evidence to strengthen a claim.

Federal regulations protect you by controlling the fees charged by disability lawyers and advocates. Fees are paid on a contingency basis, meaning you pay nothing unless and until you win your appeal. Fees are 25% of the back payments owed to you or $7,200, whichever is less. Social Security permits different fee arrangements for federal court appeals.