Social Security Disability and Supplemental Security Income
Injuries and serious medical conditions do not discriminate. They strike the old, the young, and everyone in between. Research shows that a 20-year-old worker has a three in ten chance of becoming disabled before they are old enough to retire.
When a serious injury or condition leaves you unable to engage in substantial gainful employment for at least 12 months, Social Security offers two types of benefits—
- Social Security Disability (SSD)
- Supplemental Security Income (SSI)
Depending on your age and if you have worked and paid Social Security taxes, you may be eligible for Social Security Disability benefits. However, Social Security Disability benefits and Supplemental Security Income are not easy to attain. In fact, the entire process is complicated, time-consuming, and structured to discourage claims. If you have a medical condition, or combination of conditions, which prevents you from working, you should discuss your case with an attorney experienced in cases involving Social Security benefits.
At Philadelphia’s Solnick & Levin LLC, our Pennsylvania personal injury attorneys regularly represent individuals in SSD and SSI cases. We understand the sensitive nature of these cases and the strain you and your family may be under, so we work hard to resolve your case efficiently and effectively by using Social Security laws and procedures to your advantage.
Social Security Disability (SSD)
If you are unable to work due to a disability, you may be eligible for Social Security Disability (SSD) benefits. To be considered for SSD, you must first meet certain earning requirements based on the following tests—
- A “recent work” test based on your age at the time you became disabled
- A “duration of work” test to demonstrate that you worked long enough under Social Security
The factors affecting your eligibility for SSD benefits include—
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Supplemental Security Income (SSI)
Supplemental Security income is exactly what it sounds like: monthly payments from Social Security to people who have low income and minimal resources. Those eligible for SSI include people who are—
- Age 65 or older
- Blind
- Disabled
Whether or not you can collect SSI and the amount you may receive depends on your monthly income and resources, including any—
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Put Solnick & Levin LLC on your side today
Time is of the essence in legal matters involving Social Security Disability. Hiring a skilled attorney as early as possible increases their ability to protect your rights and maximize the value of your case. The experienced attorneys at Solnick & Levin LLC can help. Contact us today for a free initial consultation. We look forward to discussing your case.
SSD and SSI FAQs
- Should I still hire an attorney if my request for benefits has already been denied?
- Can I still obtain SSD benefits if I am able to work occasionally or part-time?
- I am interested in applying for SSI but I do have some income. Will this count against me?
- Do I need to hire an attorney before I file a claim for Social Security Disability or SSI benefits?
- How does my attorney get paid for handling my Social Security Disability or SSI claim?
Should I still hire an attorney if my request for benefits has already been denied?
Yes. The vast majority of claims are denied initially. When you hire an experienced and knowledgeable Social Security attorney, he or she can file an appeal on your behalf, help gather the evidence needed to apply for benefits, and prepare you to give testimony at a Social Security hearing.
Can I still obtain SSD benefits if I am able to work occasionally or part-time?
In many cases, the answer is yes. The Social Security rules require that you must be unable to engage in “substantial gainful employment” to be eligible for SSD benefits. However, if you are only working part-time or sporadically, you may still be eligible for Social Security benefits as long as your income does not exceed a particular monthly amount.
I am interested in applying for SSI but I do have some income. Will this count against me?
Social Security does not count all of your income when determining if you qualify for Supplemental Security Income. They do not consider the following—
- The first $20 per month of most income you receive
- The first $65 per month you earn from working and half the amount over $65
- Food stamps
- Shelter provided by private nonprofit organizations
- Most home energy assistance
Do I need to hire an attorney before I file a claim for Social Security Disability or SSI benefits?
You are not legally required to be represented by an attorney to file a claim for Social Security Disability or SSI benefits. However, retaining an attorney early in the process provides you with the benefit of legal advice throughout the process and helps assure that the claim that you submit is as comprehensive as possible to give you a chance for an earlier decision. Even if your claim is initially denied, you may have a better chance of success in the event of an appeal if your initial claim was presented properly. Likewise, sometimes the paperwork and other submissions required can be difficult to navigate and understand, especially if you are in pain or under the stress caused by a disabling condition. Some people do choose to file their claim themselves and only hire an attorney if their claim is denied at the initial level. Because the Social Security rules only allow a limited time frame in which to file an appeal, you should consult with an attorney as soon as possible if your claim is denied at the initial level. Because the appeals process will almost always involve a hearing before a Social Security judge and submission of a detailed, written legal argument to bolster your claim, your chances of success are significantly greater if you are represented during your appeal.
How does my attorney get paid for handling my Social Security Disability or SSI claim?
Like personal injury and workers compensation claims, attorney fees in Social Security claims are contingent on a successful result and are governed by federal law. If you win your Social Security case, you will usually be entitled to payment of benefits retroactively (past due benefits which become payable only when you win your case). You will also be entitled to an ongoing, monthly benefit check. Under the law, attorney fees are calculated based upon 25 percent of the past due/retroactive benefits to which you are entitled but subject to a maximum fee of $6,000.00. There are no attorney fees charged or deducted from your ongoing, monthly Social Security check.
