Durkin Law Offices Attorney Thomas Durkin

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Frequently Asked Questions About Social Security Disability Insurance

Long-term illness or injury requires long-term assistance. The government programs in place to provide you with these benefits are complicated and frustrating. However, you do not have to move forward with this without the help of Social Security Disability Insurance attorneys who understand what’s going on.

At Durkin Law Offices, attorney Thomas W. Durkin has spent 25 years taking on the most complex Social Security Disability Insurance (SSDI) problems. He speaks directly with clients from across Wisconsin. While questions may require detailed conversations about your unique needs, many of our clients start off with questions such as:

Can I get both SSDI and SSI?

The short answer is yes. Social Security Disability Insurance and Supplemental Security Income (SSI) are completely different programs, even if they provide similar benefits. SSI payments are typically available a lot sooner than SSDI, as the disability requirements are different.

It is important to know that you will not get more income even if you get payments from both programs. Once SSDI benefits begin, the Social Security Administration (SSA) will reduce your SSI benefits.

Do I need an attorney to file for SSD benefits?

You do not need an attorney to file for Social Security Disability benefits. The SSA wants the process to be administrative and easy to understand. The reality is that it is not as easy as intended. There are rules, filing dates and subtle requirements that you can easily miss.

However, an SSDI attorney with decades of experience can make a massive impact. Attorney Thomas Durkin understands the SSDI claims process and knows exactly what to do in the face of obstacles.

How long will it take to resolve my SSDI claim?

To receive SSDI payments, you must be unable to complete “substantial gainful activity” for at least one year. That is the minimum amount of time for your benefits to begin. However, if there are complications or denials, this timeline can be extended.

There is no set amount of time for your claim to be resolved. It will take as long as it takes; however, Thomas Durkin will stay with your claim for as long as necessary.

What is substantial gainful activity?

Substantial gainful activity is a major requirement for receiving benefits. It is the ability to work and earn a specific amount of money in one month. As of this writing in 2024, that amount is $1,550 and $2,590 if you are blind. However, the SSA updates this threshold regularly. Reach out to us to find out the current rate and to learn more about our services.

Can I receive Social Security Disability benefits and still work at the same time?

If you work some, that is fine. However, the threshold of substantial gainful activity limits how much you can earn if you do work. You must be careful not to make too much in a month or you may lose access to any or all of your benefits. It can take some time to get them reinitialized.

How do I know if my disability is significant enough to qualify for Social Security Disability benefits?

The Social Security Administration’s definition of disability includes several criteria. First, you must have a medical condition that prevents you from engaging in “substantial gainful activity” (SGA) and which is expected to last at least a year or result in death.

Second, you must have a qualifying medical condition or combination of conditions. The SSA maintains a list of impairments, often referred to as the “Blue Book,” which outlines specific criteria for various disabilities. If your condition is not listed, you may still qualify if it is of equal severity to a listed impairment.

Your work history is the final component of eligibility. We outline the various requirements on our SSDI benefits eligibility page. If you are unsure whether you qualify, it can be highly beneficial to work with an experienced lawyer who may notice details that you don’t notice or who can help you present your information in a more compelling manner.

How long must I be out of work before I can apply for Social Security Disability Insurance?

You do not need to be out of work for any specific length of time before applying for Social Security Disability Insurance (SSDI). However, your disability must be expected to last at least 12 months or result in death.

The application and approval process can be lengthy, which is why it is a good idea to apply as soon as you believe your condition meets these criteria. Even when approved, however, you likely won’t receive benefits right away. In many cases, due to an SSDI waiting period, those who qualify will not start receiving payments until their sixth month of disability.

How does Social Security Disability Insurance differ from workers’ compensation?

Workers’ compensation provides benefits to employees who suffer work-related injuries or illnesses. It is typically funded by employers through a workers’ comp insurance policy. Social Security Disability Insurance (SSDI), on the other hand, is a federal program that offers benefits to individuals who are unable to work due to a disability, regardless of where or how the disability occurred.

With workers’ compensation, you may be required to prove that your injuries or disabling conditions were work-related. With SSDI, it doesn’t matter how you became disabled. You only need to prove that you are sufficiently disabled (according to the criteria mentioned earlier on this page).

My application for Social Security Disability was denied. What can I do?

If your SSDI application was denied, you have the right to appeal the decision. The appeal process includes several levels: reconsideration, a hearing before an administrative law judge, a review by the Appeals Council and a federal court review. It is crucial to act quickly, as you generally have 60 days to file an appeal.

The unfortunate truth is that many applications are denied the first time they are submitted. While working with an SSDI attorney is no guarantee of success, these attorneys often know how to correctly document the disability and which evidence to include to improve the chances of claim approval. And if your claim is denied, a good attorney can represent you at all levels of appeal.

How long will my Social Security Disability benefits last?

You can receive Social Security Disability benefits as long as you have a disability that leaves you unable to work – possibly for the rest of your working life. Your case will be subject to periodic review by the Social Security Administration in order to determine if your condition has improved. If it hasn’t, benefits will continue until you reach retirement age, at which point they will convert to Social Security retirement benefits.

Can I receive Social Security Disability benefits for mental health conditions?

Yes, you can. If your mental health condition significantly impairs your ability to work and is expected to last for at least 12 months, you may qualify for benefits.

Conditions such as depression, anxiety, bipolar disorder and schizophrenia are examples of mental health issues that may be eligible. You may also qualify if you have a combination of mental health conditions (such as anxiety and depression) or a combination of mental and physical conditions that render you sufficiently disabled according to SSA criteria.

We Want To Hear Your Questions, We Want To Help

Our entire firm offers each person who comes to us the help, guidance and compassion they deserve. We have offices across Wisconsin in Racine, Milwaukee and Madison. We’re here for you in every complicated situation. Call 608-888-0999 today for a consultation or send an email to get started.