If you’re having difficulty earning a living due to a serious injury, you may be thinking about applying for Social Security Disability – or SSDI – benefits. When should you apply?
Disability has a durational requirement, meaning that you must have a severe impairment that either 1) keeps you from performing substantial work (or work at all) for more than 12 continuous months OR 2) is expected to keep you out of work for a year or more.
Once you are certain that you will not be able to return to work (or work in any substantial way), you should begin your application. It is important not to delay once you have reached this conclusion because the process can be extremely long.
It’s important to know that, under the law, no matter what date you are potentially found disabled, you can only be paid possible back benefits for a maximum of 12 months prior to the date of your application. So, if you wait until you’ve been out of work two years before you apply and get approved, you will not be able to seek recovery for the extra year.
Note: In addition to having a severe enough injury by Social Security Administration standards, to be eligible for SSDI benefits, you must have 40 work credits, at least 20 of which must have been earned in the last 10 years.
To help clarify all this, I’ve assembled some information below on how the system works, when you may qualify, and how you can increase your chances of success. If you have questions about your specific case, call us at 1-866-900-7078 or contact us online today.
SSDI Qualification: Applying at the Right Time & Trying to Increase Your Odds of Success
The Social Security Disability Insurance (SSDI) system is complicated. Here are some things you should know about qualifying for SSDI:
- SSDI only covers total disability. Partial or temporary disability is not covered.
- To be eligible, you cannot engage in “Substantial Gainful Activity” (and earn a living) due to your medical condition.
- Your condition must have lasted or must be expected to last for at least 1 year, or is expected to be fatal.
To be disabled, you must be unable to perform “substantial gainful activity.” According to the Social Security Administration (SSA), “Work is ‘substantial’ if it involves doing significant physical or mental activities or a combination of both. ‘Gainful’ work activity is work performed for pay or profit.”
By rule, the SSA states that if your earnings average more the $1,550 per month in 2024, you do not qualify for SSDI. That number rises to $2,590 if you are blind.
The Social Security Administration (SSA) defines any condition that “significantly” limits your ability to lift, stand, walk, sit, or remember for at least 12 months as severe. What does significantly mean, though? For the SSA, it means impairing standard work-related activities.
What Disabling Conditions Qualify You for Disability?
The Social Security Administration (SSA) has a list of conditions and disabilities that qualify for Disability (SSDI). While that may seem straightforward, it does not guarantee approval. You can find more about the SSA list of impairments here.
If your condition or disability is unlisted, that does not have to end your application. Rather, the SSA will have to determine if your condition is as disabling as a condition on its list, or if your condition, when viewed in light of your vocational profile, results in your inability to perform any of your past work as well as other jobs in the national economy.
If you have questions about whether you’re injured “enough” to apply for SSDI, we can evaluate your case for free. Call 1-866-900-7078 or contact us online today.
To decide if you are entitled to Disability, the SSA will look at your previous job and your impairment and decide if you are completely unable to work. They will consider your age, medical condition, education, experience, and skillset to determine if any employment is within your ability.
If they determine that you can still do your old job or that you can do another job, you do not qualify for SSDI.
Will I Get Back Benefits When I’m Finally Approved for SSDI?
The good news is that if you’re approved, Social Security Disability Insurance may pay you back benefits to the date of your disability, subject to the relevant waiting periods for SSDI and within the limits set by law (up to one year of back benefits, as mentioned earlier). That may be able to help you settle the bills that have built up, but waiting in the meantime can be difficult.
Remember, the SSA decides two things:
- Are you disabled?
- As of what date were you disabled?
A decision by the Social Security Administration can be “Fully Favorable,” meaning you are found disabled as of the date you alleged becoming disabled or “Partially Favorable,” meaning you are found disabled, but only as of some other date.
Don’t give up. These are potential benefits that you may have earned by paying into the Social Security system during your working life. Try to stay positive and let an experienced Social Security Disability attorney handle the details for you.
At my firm, we seek back benefits for clients all the time. For many of our clients, we’ve recovered life-changing money with the promise of regular benefits for the rest of their lives.1
Wait for Your Attorney to Give the Go-Ahead Before You Apply or Appeal
As of 2022, more than 63% of all initial Social Security Disability applications were denied in North Carolina. If you’ve been denied needed benefits, you know the sinking feeling. Applying takes months, and so can appeals. However, an experienced attorney can increase your odds of success.
Call the Law Offices of James Scott Farrin for Help Applying for SSD
As head of our Social Security Disability department, I lead an incredible team, several of whom formerly worked for the Social Security Administration. As a North Carolina State Bar Board Certified Specialist in Social Security Disability law, I’ve handled some very tough cases for my clients.
At James Scott Farrin, our mission is to help people get the benefits they need. If you’re applying for the first time, get a free professional opinion on your case and get clarity on if you may be wasting valuable time by applying too soon. If you’ve applied and been denied, we can let you know if we think the time is right to re-apply. Call 1-866-900-7078 today.
