Social Security Disability FAQs

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Common Social Security Disability questions

1. What is the difference between SSDI and SSI?

   • SSDI is generally based on your work history and the Social Security taxes you’ve paid.

   • SSI is a needs-based program for people with limited income and resources who meet disability or other eligibility requirements.

2. What qualifies as a disability?

   • Social Security generally requires a medical condition that significantly limits your ability to perform basic work activities and that has lasted, or is expected to last, at least 12 months or result in death.

   • Having a diagnosis by itself doesn’t necessarily establish eligibility.

3. Can I work while applying for disability?

   • Potentially, yes. However, the amount and type of work can affect whether Social Security considers you disabled. There are specific rules concerning substantial gainful activity (SGA) and work incentives.

4. How long does the disability need to last?

   • Generally, the condition must have lasted or be expected to last at least one year, or be expected to result in death.

5. What medical records do I need?

   • Social Security may consider medical records, test results, treatment notes, medications, hospital records, and statements from medical professionals, among other evidence.

6. Will Social Security contact my doctors?

   • Social Security can request medical records from healthcare providers. If the available evidence isn’t sufficient, you may also be sent for a consultative examination.

7. What happens after I apply?

   • Social Security reviews your non-medical eligibility first. The disability determination is generally made by a state agency working with Social Security. You may receive an approval or denial, and there are several levels of appeal.

8. What if my application is denied?

   • A denial isn’t necessarily the end of the process. You can generally request reconsideration or pursue additional levels of appeal, subject to deadlines.

9. How long does an appeal take?

   • The timing varies considerably depending on the type of appeal, location, workload, and individual circumstances.

10. Can children receive Social Security disability benefits?

    • Yes. Children can potentially qualify for SSI based on disability and household financial circumstances. There are also benefits for certain adult children whose disability began before age 22 and who meet other requirements.

11. Can mental health conditions qualify for disability?

    • Yes. Mental health conditions can qualify when they meet Social Security’s requirements and sufficiently limit a person’s ability to function and work.

12. Can I receive disability benefits for more than one condition?

    • Yes. Social Security considers the combined effects of medically determinable impairments rather than necessarily evaluating only one condition in isolation.

13. How much will I receive?

    • SSDI benefits are primarily based on your covered earnings and work history. SSI payments are subject to federal benefit amounts and applicable income/resource rules, with some variation depending on circumstances and state supplements.

14. Do I need a lawyer to apply?

    • No. You can apply by yourself. But there are risked involved in not hiring an attorney if your application is denied. You can appeal this decision. Most people choose to have an attorney representative at the beginning of the process, particularly when dealing with an appeal or a complicated disability claim.

15. Can I get disability benefits if I have never worked?

    • Potentially. SSI doesn’t require the same work history as SSDI, although it has income and resource requirements.