Social Security Disability Insurance (SSDI) is wage replacement income for individuals who have paid FICA taxes that meet Social Security's rules for disability. SSDI benefits are payable to disabled workers, widows, widowers, and children or adults disabled since childhood who are otherwise eligible. SSDI provides a variety of benefits to family members when a primary wage earner becomes disabled or dies.

Social Security Disability Insurance (SSDI) is paid for by FICA deductions from wages. This is a social insurance program that pays benefits based on contributions made by a wage earner. The Supplemental Security Income (SSI) program is funded by taxes from the general fund. This program is based on individual financial need and is designed to assist those who have limited income and resources.

The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.

Disability under Social Security is based on your inability to work. You may be considered disabled under Social Security rules if:

• • You cannot do work that you did before;
• • You cannot adjust to other work because of your medical condition(s);
• • Your disability has lasted or is expected to last for at least one year or to result in death;

This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers' compensation, insurance, savings and investments.A `Disability` can be physical, mental, or some combination of both. In order to win benefits, you must have a disability severe enough to prevent you from working in any regular paying job for at least 12 consecutive months.

If you have worked long enough at a job that is covered under the Social Security Act, and become disabled, you are probably eligible for Social Security Disability benefits. The test for eligibility is not whether you can go back to a job you have lost or whether you have been able to find a job recently. The test is whether you are physically and mentally capable of doing a job that is generally available in the everyday work place.

To obtain Social Security Disability benefits, a doctor must state that you are disabled by medically acceptable clinical and laboratory findings. Unfortunately, many disabling conditions are difficult to diagnose by objective testing. In cases like that, it is up to your social security disability lawyer to present your doctor`s reports properly, and to convince the social security administration that you deserve your benefits.

Social Security Disability Insurance (SSDI) monthly benefit amounts are based on your lifetime average earnings. Annual adjustments, called indexing, are made to account for cost-of-living modifications or increases. Your Social Security Disability Insurance benefit amount may be reduced due to Workers' Compensation payments and/or other public disability benefits payments, such as State Disability Insurance. According to the Social Security and Disability Resource Center:

Your disability benefit amount is determined via an earnings-based computation. For example, if an individual has worked very little or has been self-employed (specifically, engaged in self-employment and reporting no profit or a small profit) their social security disability benefit amount may be small.

Since an individual's work activity and earnings can directly affect how much their disability benefit amount may be, it is especially important for self-employed individuals to report their income. A failure to do so may lead to an unexpected disappointment in the event that a person becomes sick or injured and, as a result, unable to work.

For social security disability benefits, it all depends upon how much you have worked and earned in the past. For disabled widow's or widower's benefits, it depends upon how much the late husband or wife worked and earned. For disabled adult child benefits, it all depends upon how much the parent worked and earned. For all types of Supplemental Security Income Disability (SSI) benefits, there is a base amount that an individual with no other income receives. Other income that an individual has reduces the amount of SSI which an individual can receive.

The Social Security Administration (SSA) will gather your medical records and consider all of your health problems. They will also take into consideration your age, education, and work experience. Social Security then decides whether you are able to do your past work. If Social Security decides that you are unable to do your past work, they will consider whether there is any other work which you can do considering your health problems and your age, education, and work experience.

After an individual files a Social Security disability claim, the case is sent to a disability examiner at the Disability Determination agency. The social security disability examiner, working with a doctor, makes the initial decision on the claim. If the claim is denied and the individual requests reconsideration, the case is then sent to another disability examiner at the Disability Determination agency, where it goes through a similar process. If a claim is denied at reconsideration, the claimant may then request a hearing. At this point, the case is sent to an Administrative Law Judge who works for Social Security (SSA). The Administrative Law Judge makes an independent decision upon the claim. This is the only level at which the claimant and the decision maker get to see each other.

For Disability Insurance Benefits and for Disabled Widow's and Widower's Benefits, the benefits cannot begin until five months have passed after the person becomes disabled. In addition, benefits cannot be paid more than 12 months prior to the date of the claim. For a Disabled Adult Child, there is no five-month waiting period before benefits begin, but benefits cannot be paid more than six months prior to the date of the claim. SSI benefits cannot be paid prior to the start of the month following the date of the claim.

The Social Security Disability application process can be very difficult and complicated. The wait can be long and the forms can be confusing. Benefits are often denied to people who are genuinely disabled. Frequently, people are denied multiple times. As a result, many people who apply on their own become discouraged and give up.

Nothing in the SSA`s rules says that you have to hire an attorney before you`ll be approved to start receiving benefits. However, those with an attorney have a higher success rate.

By law, our fees for any SSDI or SSI claim are limited to 25 percent of the back benefits owed to you by the Social Security Administration (SSA), or $6,000 dollars, whichever is less. In addition, our fees and costs must be submitted to the SSA for approval before we can charge you anything. There is no fee if you lose. If you win, we are limited to receiving a portion of your past-due or back benefits only. We will not receive any of your future monthly benefits.

You can apply for Social Security disability benefits by phone or at any Social Security office. Be prepared to give the Social Security agent the names, addresses and telephone numbers of all the doctors, hospitals or clinics where you have received treatment for your condition, a list of all prescription medications you are currently taking or have taken for your condition, and the names of the doctors prescribing these drugs. You will also need to give the names and addresses of all previous employers for the past 15 years.

We can help you with your application. Our attorneys know what the SSA is looking for in an initial application and can help you to submit a strong, clear and compelling initial application to the SSA.

If your social security disability claim is denied, you have the right to appeal. In most states, the first step in that process is a Request for Reconsideration. You have 60 days in which to file a Request for Reconsideration after receiving a denial notice. A second denial is common at the reconsideration stage.

The next step is to request a hearing before an administrative law judge (ALJ). The ALJ Hearing is where most disability claims are won and it is your first opportunity to really make your case directly to a decision-maker.

Unfortunately, it currently takes about 18 months to get an ALJ hearing scheduled, which is yet another reason to apply for Social Security Disability benefits as soon as possible.

Where will my disability hearing be held?
Most hearings are held in conference rooms at Social Security Administration field offices. Hearings can also be conducted with the aid of video conferencing technologies.

Who's going to be there?
Disability hearings are not held in open court where anyone can attend. Generally, you, your lawyer, the administrative law judge and a judicial staff member or court reporter will be the only people there. An SSA medical expert and/or vocational expert may also attend. Family or friends can be present and give testimony, but only with your permission.

What should I expect to happen?
The hearing is an official proceeding but it is generally not too formal. During the hearing, you can expect the judge to ask you questions about your life, your disability and how you've been affected by it. The judge will then make the best decision he or she can based on the facts in the record and on the testimony provided at the hearing.

You can appeal to the Appeals Council which is still within Social Security (SSA).

After being denied by the Appeals Council, it is possible for a claimant to file a civil action in the United States District Court, requesting review of Social Security's decision. It is possible for a Social Security disability claim to go all the way to the Supreme Court.

When Social Security (SSA) awards disability benefits, they schedule a review depending on the severity of your disability and on when you may medically improve.

• • If medical improvement is expected soon, Social Security will review your claim within the first three years;
• • If medical improvement is considered possible, Social Security will review your claim at least once every three years;
• • If medical improvement is not expected, Social Security will review your claim every five to seven years.