social security disability claim form with pen and glasses laying on top of it
When you are injured and can no longer work due to a disability, you may qualify for social security disability benefits. These benefits differ from social security retirement and allow you to receive monthly payments from the Social Security Administration (SSA).

However, the process of claiming benefits can be confusing and often requires assistance from an experienced social security disability attorney.

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What is social security disability insurance?

Social security disability insurance, or SSDI, is a benefits program that pays you and, in certain cases, family members if you meet the qualifications. For example, you must have worked for a specified period and earned sufficient work credits through the SSA.

In addition, your injury must result in a disability that prevents you from working for at least a year or longer or will eventually result in your death. SSDI benefits can also be available to surviving family members if you die from your injuries.

What are the different types of social security disability benefits?

united states capitol with social security care and $100 bill

There are two different types of social security disability benefits offered by the SSA: SSDI and supplemental security income (SSI). Both benefits help people who are injured, have become disabled, and can no longer work, yet do not meet the minimum age required to start collecting social security retirement benefits.

Furthermore, the eligibility requirements between SSDI and SSI do vary. As mentioned, to qualify for SSDI, you must have earned the required work credits and meet minimum work periods. SSI, on the other hand, is based on need and does not require you to meet minimum work periods or work credits.

Basically, you need to have no income and not own anything valued more than $2,000 if single or $3,000 if married. Fortunately, the value of your home does not count, nor does the value of your vehicle in most cases.

What are the different types of benefits programs available with SSDI and SSI?

SSA offers several different types of benefits programs with SSDI and SSI, including:

  • SSI for Children – This program provides monthly payments to assist with the care of children with mental or physical disabilities when the parent or parents have limited financial resources.
  • DIWW (Disabled Insured Widow’s/Widower’s) – DIWW is based on age, marital status, and the disability of the deceased. The widow or widower must claim benefits within a limited time period.
  • SSDI DAC (Disable Adult Child) – SSDI is available for adult children who are unmarried and are injured and become disabled before they turn 22.
  • DIWC (Disable Insured Worker’s Claim) – DIWC is another type of SSDI that uses your work credits to determine eligibility.

What do you need for SSDI?

To apply for SSDI, you will need medical records and documentation supporting your injury and long-term disability. You will also need to have earned enough work credits and minimum work requirements. For example, if you are age 31 or older, you will have had to work at least five years in the past ten years before you were injured and disabled.

What are common disability injuries?

The types of qualifying injuries accepted by the SSA to apply for social security disability include the following:

  • Loss of limbs and amputation.
  • Extensive burn injuries.
  • Back problems, such as vertebral fractures and degenerative disc disease.
  • Loss of any of the senses, like hearing, vision, and speech.
  • Mental health conditions like PTSD, schizophrenia, anxiety, and depression.
  • Chronic diseases and congenital disorders, including respiratory problems, immunocompromised conditions, pain conditions, cancer, leukemia, and lymphoma.
  • Loss of motor control and coordination.
  • Catastrophic brain injuries, neurological disorders, and brain damage.
  • Broken bones that will take over a year to fully heal.

There may be other injuries and disabilities that qualify for social security disability payments. As such, it is recommended to speak with one of our social security disability lawyers.

What can I do if my SSDI claim is denied?

Approximately 66% of all initial SSDI claims are denied, as reported by AARP. However, you can file an appeal if your claim is denied. Most claims are initially rejected because the application was not completed correctly or the applicant failed to provide sufficient documentation.

When you appeal your claim, addressing any issues or reasons why the claim was initially denied is essential. There are also deadlines for filing an appeal. If you miss these, then you have to start your application process all over.

Unfortunately, it can take several months or even a year to be approved for social security disability. So, you need to ensure your application is filed correctly the first time. This is why getting help from social security lawyers for disability claims is vital.

What is the difference between SSDI and workman’s comp?

Workman’s comp or worker’s compensation is a type of insurance the employers carry in case an employee is injured while working. This insurance provides benefits for medical care, supplemental income, and rehab until you meet a certain recovery threshold where you are fully healed and can return to work or have recovered as much as possible and will recover no further.

SSDI is a benefits program available from the SSA that provides monthly payments and other benefits for individuals who were injured and become disabled or meet one of the other qualifying conditions.

How long do SSDI benefits last?

SSDI benefits last as long as your disability prevents you from working. In some cases, where you can return to work part-time, you can continue receiving supplemental SSDI benefits to make up the difference between your full SSDI benefits payment and what you earned from working.

Additionally, your benefits are not indefinite. According to the SSA, due to advances in medicine, people with disabilities could recover and be able to return to work. Therefore, your claim is reviewed occasionally, and if the SSA deems you no longer have a qualifying disability, your benefits will stop. However, you can appeal this decision.

Should your disability continue to retirement age, your SSDI will be converted into social security retirement benefits, and you will no longer receive SSDI.

Why hire a lawyer for a social security disability claim?

Filing a social security disability claim requires completing your application correctly and including all the required supporting documentation. If you want to ensure your application is submitted correctly with a low probability of being denied, you should hire a social security disability attorney.

Your attorney can also file an appeal should the SSA deny your application for any reason. Furthermore, social security disability lawyers can provide assistance should the SSA decide to terminate your benefits.

Can I get SSDI even if I receive a substantial personal injury settlement?

As long as you meet the qualifications for SSDI, you can still receive benefits even if you received a substantial personal injury settlement. The reason why is that SSDI is based on your work history and work credits, not your income.

For example, let’s say your Las Vegas slip-and-fall attorney reaches a settlement, and you receive a slip and fall case payout of several million dollars. Even though you are now a millionaire, you can still apply for and receive SSDI benefits.

What is the easiest way to file a social security disability claim in Las Vegas?

lawyer consulting with client about social security disability claim

The easiest way to file a social security disability claim is with assistance from Adam S. Kutner, Injury Attorneys, and our Las Vegas personal injury attorneys. Many personal injury cases involve injuries that result in disabilities or other qualifying SSDI conditions.

Our attorneys will help you apply for social security disability benefits as part of your personal injury claims. Even if you do not have grounds to file a personal injury claim, we are still more than happy to assist you with submitting your social security disability claim and ensuring its accuracy.

Unsure if you qualify for SSDI payment? Maybe you were also injured due to another’s negligence?
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Sources:

Social Security Disability Benefits.

Supplemental Security Income (SSI) in Nevada. (2022).

Can I Apply More Than Once for Social Security Disability? (2021).

What You Need to Know When You Get Social Security Disability Benefits. (2021).

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