Social Security Disability FAQs

If your medical conditions prevent you from working full time—or from working at all—it is time to apply for disability. A common mistake I see claimants make is waiting too long, which only delays benefits.

You can apply online, by phone, or in person. Most people find the online application easiest, but the key is providing complete and accurate information up front. Missing details can delay your case.

Most initial decisions take three to six months, but backlogs often push cases beyond that. A delay doesn’t mean something is wrong—SSA may still be gathering records or waiting for a consultative exam report.

Approval depends on your medical evidence, work history, and functional limitations. No one can guarantee an outcome, but in my experience, claims with strong medical support and consistent treatment records have the best chance of success.

Yes, but only within strict earning limits. You must avoid exceeding substantial gainful activity (SGA), or SSA may decide you can return to full-time work.

Yes. We assist qualified claimants with SSDI applications and will file a concurrent SSI claim when appropriate. We do not handle standalone initial SSI applications.

Disability benefits provide monthly income and access to medical coverage—Medicaid for SSI and Medicare for SSDI after a waiting period. Many claimants don’t realize they may qualify for both cash benefits and health insurance.

No. Disability benefits can apply from childhood through retirement age. Age does affect how SSA evaluates your ability to work, and older applicants often meet the rules more easily.

The process includes:

1. Application;
2. Request for Reconsideration;
3. Request for Hearing;
4. Appeals Council Review; and
5. Federal Court.

Most claims require more than one step, which surprises many applicants.

There is no deadline to apply, but appeals are strictly time-limited. You generally have 60 days to appeal a denial. Missing a deadline can force you to start over—something we see far too often.

You can check your status through your online Social Security account or by calling SSA. If something looks stalled or incorrect, you should follow up promptly—delays are very common due to backlogs.

The most important thing you can do to give yourself the absolute best chance of winning is to submit ALL relevant medical records to the Social Security Administration or have your attorney give them to the SSA.

To qualify for SSD benefits, you must have enough work credits and meet Social Security’s definition of disability. In our experience, the most common mistake claimants make is assuming a diagnosis alone is enough. SSA focuses on how your medical conditions limit your ability to work full time.

Most people need 40 work credits, and 20 must come from the last 10 years before becoming disabled. Younger workers may qualify with fewer credits. If you’re unsure how many credits you have, a My Social Security account can give you a clear breakdown.

You can check your earnings history and estimated benefit amounts by logging into your My Social Security account. This statement is also the best source for confirming your work credits and spotting any missing income years.

SSA evaluates your age, education, work history, and medical limitations. These factors help determine whether you can return to past work or adjust to other work. Many claimants overlook how important their work history is in the analysis.

Your local job market does not affect your eligibility. SSA looks at whether you could perform work that exists in significant numbers nationally. Even if unemployment is high in your area, the key question is whether your medical limitations prevent full-time work.

There are at least five types of disability benefits: Disability Insurance (SSDI), Disabled Widows’ or Widowers’ Benefits, Disabled Adult Child benefits, Supplemental Security Income (SSI), and Child SSI. Each has different medical and financial requirements.

If you have enough work credits, you should apply for SSDI. If you have limited income and resources, you may also need to apply for SSI. Some claimants qualify for both at the same time, and applying for both ensures SSA reviews every possible path to benefits.

No. You don’t need an empty bank account to apply for SSI, but you must stay within the program’s strict resource limits. In my experience, the most common mistake I see claimants make is assuming they must have nothing to qualify. SSI simply requires total countable resources under $2,000 for an individual.

SSI is a needs-based program for people who are disabled, blind, or age 65+ and who have limited income and resources. Unlike SSDI, you don’t need work credits to qualify. SSI provides a small cash benefit and often immediate access to Medicaid.

To qualify for SSI, you must be disabled, meet the income and resource limits, and file an application. SSA reviews your financial situation closely, and in my experience many denials occur because claimants don’t realize how certain income or assets affect eligibility.

SSI counts cash, bank accounts, property you don’t live in, and anything else that can be used for food or shelter. A single person can have up to $2,000 in resources. The most common mistake I see is people forgetting to report seemingly small assets, which can delay or jeopardize a claim.

Possibly. A surviving spouse may be eligible to pursue a deceased claimant’s SSI benefits under certain circumstances.

Disabled widows and widowers may qualify for benefits as early as age 50 if they became disabled before or within seven years of their spouse’s death. A common mistake I see claimants make is assuming they cannot apply until age 60. If you meet the disability and duration-of-marriage rules, you may be eligible much earlier.

A surviving divorced spouse may collect benefits on the record of a former spouse if they were married for at least 10 years, are at least age 50 and disabled, and are not entitled to a higher benefit on their own work record. Many claimants overlook this option, but it can provide meaningful financial support if you meet the criteria.

No. You are not required to hire an attorney. However, studies show that claimants represented by an experienced disability lawyer have a stronger chance of approval than unrepresented claimants.

Social Security limits attorney fees to 25% of your past-due benefits, capped at $9,200. You only pay if you win, and the fee comes directly from your backpay — never out of your monthly checks. There are no upfront costs to hire us.

You can appeal on your own, but getting help early often makes a difference. The most common mistake I see is claimants repeating the same issues that led to the first denial. An attorney can identify what went wrong and strengthen the evidence before you submit the reconsideration.

You can hire an attorney at any point, but the best time is usually right after your claim is denied. That’s when deadlines begin and the evidence becomes more important. Many people wait too long, and the delay hurts their chances — getting help early avoids preventable mistakes.

Most disability claims are initially decided by your local SSA field office and Disability Determination Services (DDS), a state agency that reviews your medical evidence. At the hearing level, an Administrative Law Judge (ALJ) makes the decision. In our experience, the ALJ stage is where the most comprehensive review of your limitations occurs.

A disability examiner works for DDS and reviews your medical records to decide whether you meet SSA’s definition of disability. They may request additional records or schedule a Consultative Examination. A common mistakes claimants make is assuming the examiner will “fill in the gaps”—they won’t, so complete medical evidence is essential.

A claims representative (CR) at your local SSA field office and handles the non-medical parts of your claim. They help process your application, verify work history, and confirm eligibility requirements. Although they assist with paperwork, they do not make medical decisions about disability.

Disability Determination Services (DDS) is the state-level agency responsible for making the initial medical decision on your claim. DDS examiners gather medical evidence, evaluate your limitations, and determine whether you meet SSA’s disability rules. Many claimants are surprised to learn that SSA itself is not reviewing their medical records—DDS is.

The Virtual Screening Unit (VSU) is a stage between reconsideration and the hearing level where senior attorneys review cases to determine whether a decision can be made “on the record” without a hearing. In our experience, OTR approvals are rare, but they do happen when the medical evidence is overwhelming and straightforward.

Most delays have nothing to do with you or your eligibility. The Social Security Administration is dealing with a significant backlog, and cases often move slowly while the agency waits on medical records or consultative exam reports. A common mistake I see claimants make is assuming a long wait means their claim is in trouble—it usually just means SSA is still processing.

You may be able to request faster processing by submitting a “dire need” letter that explains why you cannot afford housing, medical care, or basic living expenses. While approval is not guaranteed, this is a meaningful way to ask SSA to prioritize your case.

Some of the most common abbreviations include:

• SSD/SSDI: Social Security Disability Insurance
• AOD: Alleged Onset Date
• CE: Consultative Exam

These terms appear frequently in SSA notices and your disability file.

Your alleged onset date (AOD) is the date you believe you became unable to work full-time due to your medical conditions. SSA uses the AOD to determine how far back your benefits may go and whether you meet the one-year duration requirement.

If your claim is denied, you should file an appeal right away. You generally have 60 days to appeal, and missing the deadline can force you to start over. In our experience, one of the biggest mistake claimants make is giving up after a denial instead of continuing with the appeals process.

You generally have 60 days from the date you receive your denial notice to file an appeal. SSA assumes you received the letter five days after it was mailed. If you miss this deadline, you may lose your right to appeal.

You can submit the appeal online or request the forms by calling Social Security at 1-800-772-1213. The online option is usually faster and allows you to upload additional evidence.

There is no fixed timeline. Reconsideration typically takes a few months, while waiting for a hearing can take a year or longer depending on your location. Delays are common because SSA has a large backlog of cases.

The three administrative appeal levels are:

1. Request for Reconsideration
2. Request for Hearing Before an Administrative Law Judge
3. Request for Review by the Appeals Council

If the Appeals Council denies review, the final step is filing a civil suit in federal court.

A judge will ask questions about your medical conditions, daily limitations, and past work. Your attorney may also question medical or vocational experts if they are present. Hearings are informal, but preparation is critical.

You’ll be asked about your work history, your medical symptoms, and how those symptoms affect your ability to function day-to-day. The most common mistake I see claimants make is giving vague answers—specific examples help the judge understand your limitations.

You can ask the Appeals Council to review the judge’s decision. If they deny review or uphold the decision, you may start a new application or file a lawsuit in federal court.

If you disagree with the Appeals Council’s decision, the final step is filing a civil action in federal district court. This moves your case into the federal court system, where a judge reviews whether SSA followed the law.

Social Security considers you disabled if your medical condition prevents you from performing substantial gainful activity (SGA) for at least twelve consecutive months. They are not looking at whether you can do your past job—they are looking at whether you can do any full-time work. In my experience, one of the biggest misunderstanding claimants have is assuming a diagnosis alone proves disability. SSA focuses on functional limitations, not just medical labels.

No. There are no automatic approvals. Some conditions appear in SSA’s “Listings,” but you must still meet very specific medical criteria. Another common mistake claimants make is assuming that having a listed condition guarantees approval—it doesn’t. SSA still evaluates how your symptoms limit your ability to work.

Your Residual Functional Capacity (RFC) is an assessment of what you can still do despite your limitations. SSA looks at your ability to sit, stand, walk, lift, concentrate, follow instructions, and maintain attendance. In practice, RFC often determines the outcome of a claim, and the strongest cases include detailed statements from treating providers describing real-world functional limits.

SSA must evaluate all impairments together, even ones that are not considered severe on their own. Many claimants have a combination of physical and mental conditions that collectively prevent full-time work.

Diabetes alone usually does not qualify, but many claimants develop complications that limit their ability to work, like neuropathy, vision problems, kidney issues, or frequent glucose swings that interfere with attendance, concentration, or safety. The more clearly your records show these functional limitations, the better your chances.

You may qualify if your cancer or treatment prevents you from working for at least twelve months. SSA wants evidence showing how treatment side effects—like fatigue, pain, nausea, or cognitive issues—impact your ability to work full-time.

Migraine claims are challenging because SSA expects most people to recover or control symptoms within a year. However, you may qualify if the migraines are frequent, severe, and well-documented despite treatment. In our experience, detailed medical notes and consistent reporting of missed workdays make a meaningful difference.

Yes, if Lyme disease causes symptoms that prevent you from working. Many claimants experience ongoing fatigue, joint pain, or cognitive problems even after treatment. Claims strengthen when medical records show persistent symptoms and how they affect job-related tasks.

Fibromyalgia cases can be difficult because symptoms do not appear on imaging. The most common mistake I see is relying only on subjective reports of pain. SSA looks for consistent treatment, trigger-point findings, and documentation showing how pain, fatigue, or “fibro fog” limit your work capacity.

Yes. SSA may deny your claim if you ignore treatment recommendations without a valid reason. In our experience, non-compliance entries in medical records raise red flags, so always discuss side effects, cost issues, or other barriers with your doctor so they are documented.

A medically determinable impairment results from anatomical, physiological, or psychological abnormalities, which can be shown by medically acceptable clinical and laboratory diagnostic techniques.

Medical evidence is the cornerstone of disability determination. SSA reviews treatment notes, lab results, imaging, consultative exams, and statements from your medical providers.

Acceptable medical sources include licensed physicians, psychologists, optometrists, podiatrists, and qualified speech-language pathologists. These providers carry the most weight when documenting your diagnosis and limitations.

Yes, you can collect SSD, LTD, and Workers’ Compensation benefits at the same time, but these benefits may not stack. Most policies apply “offsets,” meaning your LTD or WC payment may be reduced once you’re approved for SSD. The total amount you receive usually cannot exceed what you earned before becoming disabled.

Yes. You can take early retirement while your disability claim is pending. If you’re later approved for SSDI, Social Security will switch you from reduced retirement benefits to full disability benefits and pay any difference owed. A common mistake I see claimants make is assuming taking early retirement hurts their disability case—it doesn’t.

VA disability ratings do not guarantee approval for Social Security Disability. Each agency uses different rules and standards. In our experience, the most common mistake veterans make is assuming a high VA rating—such as 70%, 90%, or even 100%—means Social Security must approve them. SSA conducts its own evaluation and may reach a different conclusion.

Your monthly payment is based on your earnings history, not the severity of your condition. The best way to estimate your benefit amount is to check your Social Security Statement through your My Social Security account. In our experience, this is the most accurate source because it updates as your work history changes.

Most people qualify for a lump-sum back payment and, if they receive SSDI, Medicare after a waiting period. SSI recipients may qualify for Medicaid immediately.

Social Security does not pay benefits for the first five full months after your established onset date. Payments begin in the sixth month if you are approved. This waiting period applies only to SSDI, not SSI.

Social Security doesn’t directly pay medical bills, but disability approval may qualify you for Medicare or Medicaid. These programs can significantly reduce your out-of-pocket costs.

SSA can deny a claim if substance use is a “material contributing factor” to your disability. In our experience, a common mistake claimants make is underestimating how closely SSA looks at treatment notes for signs of ongoing use or non-compliance. Even casual or past use can raise questions, which is why it’s important to address it clearly and honestly.

This notice usually means SSA found a discrepancy—such as a misspelled name, nickname, or old legal name—in your records. SSA needs accurate identification information before issuing a decision. Responding quickly helps prevent unnecessary delays in your claim.

Under certain circumstances, SSA can credit extra earnings for military service between 1957 and 2001. These credits may increase the amount of your Social Security benefits. Not every veteran receives them automatically, so it’s worth confirming your eligibility if you served during those years.

The Baker Act is a Florida law that allows for voluntary or involuntary mental health evaluation and treatment. SSA may see related records in your file, but the existence of a Baker Act incident doesn’t guarantee approval or denial. What matters most is how your underlying mental health condition affects your ability to work.

Some people do. SSDI benefits become taxable if your total income is above certain IRS thresholds—generally $25,000 for individuals or $32,000 for joint filers. In our experience, many claimants are surprised by this because SSDI is a disability benefit, not earned income. SSI benefits are never taxable.

Yes, but only in limited circumstances. SSDI can be garnished for federal debts like back taxes, child support, or federal student loans. SSI benefits cannot be garnished under any circumstance.

You can report suspected fraud directly to the SSA through its online fraud reporting form. This includes misuse of benefits, identity issues, or false disability claims. Reporting quickly helps protect your record and prevents delays in your own case.