FAQ
Your questions, answered
Clear answers to the most common questions about SSDI/SSI appeals, eligibility, and what to expect.
SSDI (Social Security Disability Insurance) is based on your work history and the payroll taxes you've paid. To qualify, you must have worked long enough and recently enough. SSI (Supplemental Security Income) is a needs-based program for people with limited income and resources — you don't need a work history to qualify, but there are strict financial eligibility limits.
Initial decisions typically take 3–6 months. If denied and you appeal through all stages, the process can take 2–5 years in total. The longest waits are usually at the ALJ hearing stage, which averages 12–18 months for a hearing date after the request is filed.
Yes, but with strict limits. The SSA allows a Trial Work Period (TWP) of 9 months in a 60-month rolling period where you can earn any amount. After the TWP, you must stay below the Substantial Gainful Activity (SGA) threshold — $1,550/month in 2024 — to continue receiving benefits.
Under SSA rules, a disability is a medically determinable physical or mental impairment that prevents you from engaging in any Substantial Gainful Activity (SGA), and that has lasted or is expected to last at least 12 continuous months or result in death. The standard is strict — partial or short-term disabilities generally do not qualify.
About 67% of initial applications are denied. Common reasons include: insufficient medical evidence, failure to follow prescribed treatment, the SSA's determination that you can still perform some type of work, earnings above the SGA threshold, or technical issues like not enough work credits. Many denials are not final — the appeals process exists precisely because the initial decision is often wrong.
You are not required to have a lawyer, but statistics consistently show that represented claimants win at significantly higher rates, especially at the ALJ hearing stage. Disability attorneys work on contingency (no upfront fees), and their fees are capped by law at 25% of back pay or $7,200, whichever is less.
Back pay is the sum of monthly benefits owed from your established onset date to your approval date. For SSDI, there is a 5-month waiting period before benefits can begin. SSDI back pay is also capped at 12 months before your application date. The longer your case takes, the larger your back pay award typically is.
An RFC (Residual Functional Capacity) assessment describes the most you can do despite your impairments. The SSA will prepare its own RFC, but you can submit one from your treating physician. A treating physician's RFC that documents significant limitations in sitting, standing, walking, lifting, or concentrating is one of the most powerful pieces of evidence in an SSDI case.
An ALJ hearing is an informal proceeding, usually 15–45 minutes long. The judge will ask you about your medical conditions, work history, and daily activities. A vocational expert may testify about what jobs someone with your limitations could perform. You can present evidence, call witnesses, and question the vocational expert. The ALJ typically issues a written decision weeks or months later.
At every stage, you have 60 days from the date you receive the denial notice (plus 5 days for mailing) to file your appeal. Missing this deadline almost always means you must start your application over from scratch. If you have good cause for missing a deadline, you can request an extension, but it is not guaranteed.
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