Social Security Disability Insurance (SSDI) Explained

Thinking about applying for Social Security Disability? Or have you applied and been denied? You're not alone. Every year, thousands of people who can't work due to injury or illness face the same questions. Am I eligible to apply? How long does it take? And what happens if I'm denied? Hi, I'm Janet Cox, attorney at Cox, Stansberry, and Kinsley. We help people with personal injury, long-term disability, and Social Security Disability claims. In this video, I'll break down what the SSDI program involves, who qualifies, how the process works, and when it's time to reach out for legal help. SSDI stands for Social Security Disability Insurance. It's a federal benefit for people who are not working, who meet the legal definition of disability, who have worked and paid enough in Social Security taxes to be insured for disability. This is called disability-insured status. SSDI is the same benefit you would receive at retirement age, but it is for those who become disabled before they reach retirement. You will be entitled to Medicare after you have been entitled to benefits for 24 consecutive months. In addition to your monthly benefits, your minor children, your spouse, and other dependents may qualify for benefits on your earnings record as well. Remember, benefits are not based on your financial worth, unearned income, or other assets. They're based on your work history and the credits you've earned through Social Security payroll taxes or self-employment taxes. In order to qualify, adults 31 and over need at least 20 work credits earned in the 10-year period prior to becoming disabled, which, if you have a steady work history, means five years of work out of the last 10. You may ask, how do I know whether I'm insured? Well, to find out, you need to create a free My Social Security account at ssa.gov. Once you've done this, you can see your yearly earnings record and whether you're currently insured for disability, as well as view an estimate of your disability benefit. Download this information, save it on the computer, and also print a copy for your records. This will come in handy when you consult with an attorney about your disability claim. Also, this information may not be available once a claim is filed. Okay, once you confirm you have enough work credits and you're no longer working, it's time to file your application. This can be done with help from a Social Security representative over the phone or in person. However, we highly recommend filing online through your My Social Security account. You bypass waiting on a Social Security representative to answer the phone. Phone wait times can be long, and to do it in person, you must have an appointment prior to visiting your local office, and that has to be made online. Be prepared to provide your medical condition, your treatment history, your work history, and other personal background information. Then your case will be sent to a disability examiner who gathers your medical records and makes a decision in your case with input from consulting physicians who review the medical records, and occasionally vocational folks who evaluate your work history, your skill sets, etc. If the decision is that you meet the disability criteria, you will get a favorable decision. You're one of the lucky ones. If you're denied, you will be informed of your right to appeal and how to go about it. After an initial denial, the appeal steps are available. They include filing a reconsideration. After that, requesting a hearing before an administrative law judge. After that, the appeals counsel, and ultimately, you can appeal to the U.S. District Court. It's important to know that this is not a fast process. On average, the initial decision can take up to six months or more, and the appeals process can be a year or more. Most people are denied at that initial level. Many people win an appeal, so don't get discouraged waiting on a decision or if you need to file an appeal. SSDI claims often get denied due to missing or incomplete medical records, or it could be that the records do not clearly document how your condition affects your ability to work, or it could be that you have a medical condition that is little understood or hard to evaluate, such as migraine headaches or a chronic pain condition. Frankly, many denial decisions are just plain wrong, and you don't need to wait for a decision to contact us. At Cox, Stansberry, and Kinsley, we can accept your case at day one and file an application on your behalf. If you've been denied, we can represent you on appeal. We are happy to provide a free consultation to answer any questions that you may have about your eligibility, your work credits, your medical conditions, and evaluate your case. A good disability attorney makes sure nothing gets missed and that your story is fully told. If you'd like to learn more about how the appeals process works, we'll be making a video based solely on this topic, so be sure to like and subscribe and to stay updated on new information. So, let's do a quick recap. SSDI is for people who paid into the system and can no longer work due to medical conditions caused by injury or illness. It's based on your work history, not your financial status. You must have a qualifying condition that meets the legal definition of disability. Work credits can expire, so applying sooner is better. If denied, you have 60 days to appeal, and that's often where people succeed in getting an approval. Legal help can make a big difference. Also, this video provides a general overview of a very complex disability program. So, if you've been denied or you need to apply, reach out to Cox, Stansberry, and Kinsley today for a free evaluation. If you found this video helpful, give it a like, subscribe, and check out our other videos. We cover appeals, SSI, hearings, and more to help you through this complicated process. Thanks for watching.