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Answered by Bailey & Galyen Attorneys at Law
Q: What is Social Security Disability Insurance (SSDI)?
A: Social Security Disability Insurance (SSDI) is a federal program funded by payroll taxes. Workers earn coverage by paying Social Security (FICA) taxes through their employment. If you’ve worked long enough and paid into the system, you may be eligible for monthly benefits if you become disabled. The benefit amount is based on your average lifetime earnings before your disability began.
Q: What is Supplemental Security Income (SSI)?
A: Supplemental Security Income (SSI) is a needs-based program designed to help individuals who are disabled, blind, or over age 65 and who have limited income and financial resources. Unlike SSDI, SSI is not based on work history. You may qualify for SSI even if you haven’t worked or if your SSDI benefits have ended, as long as you meet the income and resource limits and are considered disabled under Social Security rules.
Q: How does the Social Security Administration define “disability”?
A: The Social Security Administration (SSA) defines disability as a medically determinable physical or mental impairment that:
- Prevents you from engaging in substantial gainful activity (SGA),
- Has lasted or is expected to last at least 12 continuous months, or
- Is expected to result in death.
SSA does not provide benefits for partial or short-term disabilities.
Q: How do I apply for Social Security Disability benefits?
A: You can apply for SSDI benefits in any of the following ways:
- Online: Visit ssa.gov
- By Phone: Call your local Social Security office or 1-800-772-1213 to schedule a phone or in-person appointment.
- In Person: Visit a local Social Security office. Appointments are recommended, but walk-ins may be accommodated.
Q: When can I apply for SSDI benefits?
A: You can apply for SSDI benefits as soon as you stop working due to a disability. There is no required waiting period to file the application, but benefits do not begin until after a five-month waiting period from the established onset date of your disability. If you are still working but considering filing, it’s best to consult an attorney to understand how your current income may affect eligibility.
Q: Will I need medical evidence to support my disability claim?
A: Yes. Your claim must include medical evidence from acceptable healthcare providers. This includes clinical examinations, diagnostic tests, and records that support your doctor’s opinion that your condition prevents you from working. In some cases, SSA may require you to attend a consultative examination with an independent physician.
Q: What should I do if my application is denied?
A: Most initial SSDI claims are denied. You have 60 days from the date of your denial notice to file an appeal. The appeal process has multiple levels, including:
- Reconsideration
- Hearing before an Administrative Law Judge (ALJ)
- Appeals Council review
- Federal court review
Bailey & Galyen can assist with your appeal and significantly improve your chances of success.
Q: If I’m approved, when will I receive my SSDI payments?
A: SSDI benefits begin after a five full calendar-month waiting period from your established disability onset date. Once approved, you’ll receive:
- A lump sum of past-due benefits (back pay), and
- Ongoing monthly payments as long as you remain eligible.
Your first payment may be reduced by any applicable attorney’s fees.
Q: Are SSDI benefits subject to income tax?
A: Possibly. SSDI benefits may be taxable depending on your total income. Generally:
- Up to 50% of benefits are taxable if your provisional income is between $25,000 and $34,000 (single filers) or $32,000 to $44,000 (joint filers).
- Up to 85% of benefits may be taxable if income exceeds $34,000 (single) or $44,000 (joint).
The SSA issues Form SSA-1099 each January. Review it carefully, especially if your award includes back payments. Consult a tax professional to accurately report your benefits.
Q: Do I need a lawyer to apply for SSDI?
A: You are not required to hire a lawyer to apply, but it’s strongly recommended. An experienced attorney can:
- Ensure your application is complete and properly documented,
- Help you avoid delays or mistakes, and
- Represent you during appeals or hearings.
Applicants represented by attorneys are statistically more likely to be approved, especially at the hearing level.
Q: How much does it cost to hire a Social Security Disability lawyer?
A: At Bailey & Galyen, we work on a contingency fee basis. This means:
- You pay nothing upfront, and
- You only owe a fee if we help you win benefits.
Attorney fees are typically capped by federal law at 25% of your back pay, up to a maximum of $7,200 (as of 2025), and must be approved by SSA.
If you need help with your Social Security Disability claim or appeal, contact Bailey & Galyen to schedule a free consultation. We’re here to guide you every step of the way.
Contact Skilled Social Security Disability Lawyers
For your convenience, we answer our phones 24 hours a day, 7 days a week. Evening and weekend meetings can be arranged upon request. To set up a free initial consultation, call us at 844-402-2992 or contact us online. Se habla español.