Under the Social Security Act, “disability” means “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.”
In general, there is no past work requirement in order to obtain SSI benefits. Also, a person receiving SSI benefits may be entitled to Medicaid whereas a person receiving SSDI benefits may be entitled to Medicare.
SGA is the most a person can earn and still receive Social Security disability benefits. The SGA amount changes every year. In 2023, SGA is $1470/mo for a person who isn’t blind. There are exceptions to this general rule. If you are attempting to receive Social Security disability benefits and you are working, you should contact an experienced Social Security disability attorney.
No, as long as your disability is expected to last for at least 12 months, you can file your claim for Social Security disability (SSD) benefits right away.
It depends. Initially, an application is reviewed by Colorado’s Disability Determination Services. The next stage is an appeal called a request for reconsideration. If you win at either of these stages, a hearing is unnecessary. However, if your claim is denied and an appeal to an Administrative Law Judge is filed, a hearing is required. Attending a hearing is helpful and can increase your chances of winning. It is an opportunity to explain why you can’t work, any inconsistencies in the file, and to express any hardship endured. Appeals to the Appeals Council and to the Federal Court do not require a hearing.
For SSDI, the Social Security Administration (SSA) will pay benefits to the later of two dates: one year before your filing date or five months after your onset date. For SSI, SSA will pay benefits to the later of two dates: the month after your filing date or your onset date. In some circumstances, it may be possible to reopen a prior filing in order to receive more back pay.
You owe nothing unless you win your social security disability claim. Generally, if you win your SSI or SSDI claim, the fee is 25 percent of your backpay up to the government imposed maximum, which is currently set at $7,200. Because the fee comes out of your backpay, you do not have to write a check. The Social Security Administration (SSA) will automatically calculate your backpay and send the attorney fee directly to the firm. The remainder is then mailed directly to you by the SSA.
It is possible to request disability for a closed period of time if your disability lasted for a full year. A closed period means that there is both a start date and a set end date to benefit entitlement.
No, the SSA will only find that you either are, or are not, disabled. The SSA will not issue a percentage of disability. The SSA may, however, issue a partially favorable decision, meaning that the SSA has changed your alleged onset date.
The 5-step sequential evaluation process:
1. Is claimant earning less than substantial gainful activity
2. Is there a severe impairment
3. Does the claimant meet a listing
4. Can the claimant perform past relevant work
5. Is there any other work the claimant can do?
