Frequently Asked Questions
What are Social Security Disability benefits?
Social Security Disability Insurance (SSDI) is a federal program administered by the Social Security Administration (SSA). SSDI provides financial assistance to qualifying individuals with disabilities who have paid into the Social Security program by working and earning a sufficient number of what is known as “work credits.” Work credits are earned by paying FICA taxes, which typically come out of your payroll checks. The SSA offers another federal program called Supplemental Security Income (SSI), which is based on the financial need of the claimant and does not require work credit minimums. This program is meant to help claimants with physical or mental disabilities that prevent them from working and have extremely limited financial resources.
SSDI and SSI have different eligibility requirements and it can be complicated to determine which program you qualify for. As a client of Nyman Turkish, you don’t have to figure out that determination alone. Our expert team members know these programs inside and out, they work with them every day. We will work with you at every step of the process of applying for benefits and even assist people that have not yet filed their claim. You do not have to go on through this alone, let our team help get you the benefits you deserve.
Supplemental Security Income (SSI) vs Social Security Disability (SSD)
SSI is a federal, needs-based supplemental assistance program for disabled individuals with limited income and resources. Eligibility for SSI is determined by strict rules, with approval based primarily on an individual’s financial status.
SSDI benefits are for individuals who are unable to work for at least 12 months due to a physical or mental disability. To be eligible for SSDI benefits, you must have earned sufficient work credits and paid to the Social Security Administration (SSA) through FICA taxes. To be eligible for SSDI, you must not exceed Substantial Gainful Activity (SGA). SGA is a monthly amount of income determined annually by the SSA. In 2024, SGA was $1,550 and in 2025 it is $1,620. For SSI, if you earn any income, even if it is below the SGA level, a dollar-for-dollar offset provision applies. Having some earnings can sometimes result in ineligibility for SSI benefits.
What disabilities qualify for Social Security benefits?
The SSA’s Blue Book has 14 types of conditions, Listing of Impairments, ranging from osteoporosis to schizophrenia, that commonly qualify for SSDI benefits. Meeting the Listing criteria results in an automatic approval of benefits, as long as you meet the other technical requirements. However, this list is not exhaustive. You can qualify for disability benefits without ever meeting a Listing. While the specific conditions vary, they all share one common factor: these mental or physical disabilities either prevent individuals from working for at least 12 months or are likely to result in death. It is not enough to have a diagnosis; you must also have supporting medical records that document the severity of your condition and prove you are unable to work.
Do I qualify for Social Security Disability?
Checklist for qualifying for Social Security Disability Insurance benefits:
- Are you working?
- If you are currently working and your monthly earnings are over SGA, you do not qualify for SSDI.
- Is your disability considered long term (expected to prevent you from working for at least 12 months)?
- To be eligible for SSDI benefits, your condition must prevent you from working for at least 12 months or be expected to.
- Are you able to do any work that you have done in the past?
- The SSA takes into consideration your education, skills, and past work experience when determining if you are not able to continue working with your condition.
- Are you able to do any other type of work?
- The SSA will also have a job specialist review your case to determine if you could be doing any other type of work while disabled. They use the “GRID Rules” to see if you could potentially do other work based on your age, education level, and transferrable skills. Although sometimes even when there is other work available, you still would be found disabled through the GRID Rules.
- Have you earned enough work credits?
- Typically, to qualify for SSDI benefits, you must have 40 credits, 20 of which you earned from working in the last 10 years.
Who is considered disabled? 
To qualify as disabled in order to receive Social Security Disability benefits, you must be unable to work due to one or more physical or mental impairments that are expected to last for at least 12 months or result in death. A key part of the SSA’s definition of disability is the inability to engage in any Substantial Gainful Activity (SGA). SGA is a dollar amount set by the Social Security Administration. The amount considered to be SGA changes annually and depends on the nature of a person’s disability and household situation. Because of so many changing and dependent factors, it can be difficult to determine what this limit is for yourself. We recommend that you contact our Firm to help determine this, rather than trying to do so alone. Don’t count yourself out! Ask an expert! Call NOW.
What is the wait time between Social Security Disability Insurance (SSDI) approval and the first payment?
When you are approved for SSDI benefits, you can expect to receive your first payment within 4–6 weeks. However, there is a mandatory 5-month waiting period before benefits begin, during which you will not receive payments. For example, if your established onset date is March 1, your benefits would start on August 1. This means the SSA will not include the first 5 months of your disability in the calculation.
What insurance do you get with Social Security Disability?
If you are eligible for SSDI benefits you are also eligible for Medicare after a 24-month qualifying period.
How to apply for Social Security Disability?
You can apply for SSDI benefits online, by phone, or by making an appointment to complete an application at an SSA office. Filing a claim for SSDI benefits is a long and complex process, requiring you to complete pages of paperwork. When applying, make sure you have certain information prepared, such as marital status, work history, medical history, medical records, education, etc. Because of the challenging application process, your best approach is to hire a Social Security Disability attorney.
Why would disability be denied?
It is very common for SSDI claims to be denied, with around 60% of initial applications rejected in 2022. Among these, 57% meet the technical requirements, such as work history, citizenship or residency status, and the substantial gainful activity limit. Most claims are denied because of application errors. To minimize the risk of application errors and denials, experts highly recommend consulting an attorney when applying. If your claim is denied, however, do not be discouraged—there are multiple stages in the appeals process that offer opportunities for approval. Since navigating these stages can be challenging, hiring a Social Security Disability attorney is strongly advised. To learn more about SSDI denials and the appeals process, click here.
How long do you have to be out of work before you can apply for Social Security Disability Insurance?
There is no specific time requirement for applying for benefits, but you must be unable to work for at least 12 months due to disability to meet eligibility requirements. As soon as you know your condition will prevent you from working for this duration, you should begin the process of applying for SSDI benefits. Since the claims process can take months or even years for approval, it is best to start as early as possible.
Can you get on disability for anxiety and depression?
Yes, if your symptoms are so severe that you cannot engage in substantial gainful activity (SGA). The SSA includes anxiety and depression in its list of mental impairments that may qualify for disability. If you meet certain requirements, you can get SSDI benefits for your mental illness. Read more.
Can I get unemployment while on disability?
Technically, yes, it is possible. However, it is unlikely. When applying for unemployment benefits, you attest that you are able to work but have lost your job or are currently unemployed and actively seeking employment. A condition for receiving unemployment benefits is that you actively search for a job. When you apply for SSDI benefits, you attest that you are unable to work due to a disability. There are certain circumstances where you could be eligible for both, such as if you are unemployed and then become disabled. If you are unable to work because of a disability you should apply for SSDI benefits.
Do I have to be permanently disabled to qualify for disability benefits?
No, permanent disability is not required to qualify for SSDI or SSI benefits. However, you must meet the SSA’s definition of disability. Although you are not required to have a permanent disability, you are required to have a disability that will have, or has already had, a significant effect on your ability to work. The SSA defines disability as “the inability to engage in any Substantial Gainful Activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or disability which has lasted or can be expected to last for a continuous period of not less than 12 months.”
This definition means you must be unable to perform substantial work, but you may still hold a job depending on the program. Substantial Gainful Activity is a dollar amount that the SSA determines each year as the maximum threshold that a claimant can bring home from working and still qualify financially for Social Security Disability benefits. There are many factors that go into determining this dollar amount, and there are also some stipulations based on the type of disability a person has and their household situation. Determining how this limit applies to you can be very tricky on your own, and we suggest contacting our highly experienced team to discuss this. Do not count yourself out! We offer a FREE CASE EVALUATION that can determine your eligibility for benefits within minutes.
Can I work part time while waiting for disability?
It is recommended that you do not work will waiting for your disability claim to be approved. However, sometimes you have no choice. There are strict rules and regulations if you are considering working part time.
- You must not exceed SGA, a monthly amount of earnings set by the SSA annually. In 2024, SGA was $1,550 and in 2025 it is $1,620. If you earn over SGA, even by one dollar, you may be ineligible for SSI and SSDI benefits.
If you are thinking about returning to work, you should consult with a Social Security Disability lawyer.
What if I can’t afford an attorney for my Social Security Disability claim?
While hiring a lawyer for your SSDI claim can seem intimidating, the fees are regulated by the SSA. Most firms require no upfront payment and only get paid if they win your case. The SSA automatically deducts their fee from your back award benefit amount and is capped at 25% or $9,200. If you cannot currently afford an attorney, there is no need to worry. The fee is only charged if you win, and you do not pay the money out of pocket. Want to know more about how disability lawyers get paid? Check out our blog post.
How much do you get from Social Security Disability?
Your SSDI monthly benefit amount is determined by your prior earnings. In 2024, the average monthly payment was about $1,535. The SSA uses a detailed assessment of multiple factors to calculate an individual’s benefit amount, including work history and past earnings. Offset percentages may also apply to individuals receiving money from other programs, such as Workers’ Compensation. However, this does not mean you are ineligible to receive benefits from multiple programs.
What conditions automatically qualify you for disability?
If you meet the requirements of a Listing, you are automatically approved, assuming you meet other SSDI requirements. Additionally, there are some conditions that qualify for presumptive disability and/or compassionate allowance. Presumptive disability does not mean that you automatically qualify for SSDI benefits; it allows you to receive benefits for up to 6 months while the SSA reviews your application. It is for people who have conditions so severe that the SSA is highly likely to approve them. Conditions that may qualify:
- Inoperable or late-stage cancers
- HIV or AIDs
- Intellectual disabilities
Compassionate allowance is when the SSA expedites the review of your case. The SSA bases this on the severity of an individual’s condition. Some examples include:
- Ovarian Cancer – with distant metastases or inoperable or unresectable
- Malignant Multiple Sclerosis
- Amyotrophic Lateral Sclerosis (ALS)
Additionally, the SSA will most likely expedite your application review if your impairment is terminal, through their Terminal Illness (TERI) policy.
Can you lose Social Security Disability Insurance benefits?
Yes, you can lose SSDI benefits because of four primary factors: conversion to the Social Security retirement program (i.e., reaching full retirement age), death, medical improvement, and ability to engage in SGA.
Can Social Security Benefits be garnished?
In most cases, SSDI benefits cannot be garnished; however, there are exceptions. The SSA can withhold SSDI benefits if you owe child support, alimony, or restitution. The IRS can take up to 15% of your monthly benefit amount if you are in debt for federal taxes. Creditors can also garnish SSDI benefits to pay federal student loans. However, creditors cannot garnish SSDI benefits to pay credit card debt or other commercial debts.
