Social Security Disability programs offer financial assistance to Americans who cannot work due to injury or illness. The Social Security Disability Insurance (SSDI) program provides payments called SSDI benefits to individuals who can document a significant work record that includes a history of payments into the SSDI program through payroll taxes.
As with other federal benefit and entitlement programs, regulation and the needs of a growing number of beneficiaries have overburdened the SSDI program.
Understanding the Basic SSDI Programs
Eligible disabled workers often find their SSDI claims processed slowly and then denied. Even on a second review, or “reconsideration,” more than 75 percent of SSDI applications are denied.
According to the Oklahoma Disability Care Center, it takes 466 days for an SSDI claim to process. If you have questions regarding the process of the timeline of the application for benefits, contact the Oklahoma City Worker’s Compensation Commission anytime.
Requirements for SSDI
Understanding the requirements for the application
to process successfully can be overwhelming, and waiting for your approval to come in can be frustrating. Leave the worrying to your Ryan Bisher Attorneys and see why we are Oklahoma’s SSDI Lawyer below.
The Oklahoma City Social Security Disability lawyers of Ryan Bisher Ryan & Simons help applicants for SSDI benefits obtain the payments they deserve sooner and with less hassle. Benefit applications require numerous documents, and we can make sure your claim is not held up because of an omission or discrepancy in the information you provide to the Social Security Administration (SSA).
We also ensure our clients get the full benefit they deserve based on their employment history and the injury(s) or illness(es) that have left them unable to work.
Ryan Bisher Ryan & Simons has worked with injured and ill clients for 35 years to ensure they receive government benefits to which the law says they are entitled. Senior Partner Philip D. Ryan is the author of “Seven Costly Mistakes that Can Ruin Your Disability Claim (and How to Avoid Them)” and has represented clients at more than 3,000 Social Security Disability Insurance hearings. He has an active role in every disability case the law firm handles. Mr. Ryan, our other attorneys, and our staff are committed to providing personalized, one-on-one service to each client. If you have become disabled and cannot work for a living in Oklahoma, we would like to help you.
What is Social Security Disability Insurance?
Social Security Disability Insurance pays benefits to workers and certain members of their families if the disabled worker is “insured,” meaning they have worked and paid taxes while they were employed.
An SSDI applicant must have worked and paid payroll (FICA or Federal Insurance Contributions Act) taxes long enough to accrue a benefit. Usually, an applicant for SSDI benefits must document FICA payments over 40 quarters (i.e., three-month periods) – 20 quarters (five years) of which were in the ten years immediately before becoming disabled.
How Work Credits are Applied to SSDI
Your payment amount is based on work credits, and you can earn up to four credits a year, which are forever a part of your Social Security record. Each year the amount of earnings needed for credits goes up slightly as average earnings levels increase.
In 2019, workers received one credit for each $1,360 of earnings from employment for which Social Security payroll taxes are withheld (or taxes you pay if you are self-employed). So, if you had $5,440 in taxable earnings in 2019, you earned four credits for the year.
For Social Security retirement benefits, you must have 40 work credits or a 10-year work history if you earn the maximum credits each year. For disability payments, it’s not so clear-cut, though 40 credits are considered a rule-of-thumb objective.
How many credits you need for disability benefits depends on how old you are when you become disabled:
- If you become disabled before age 24, you generally need six credits earned three years before you become disabled.
- If you are 24 through 30, you generally need credits for half the time between the age of 21 and when you became disabled.
- If you are disabled from age 31 to 42, you generally need at least 20 credits in the ten years immediately before you become disabled.
- If you are disabled at age 43 or later, the number of credits required increases by two for every two years older than 42 you are.
When a person who has worked and paid Social Security taxes dies, certain family members may be eligible for survivors’ benefits. Up to 10 years of work is required to qualify for benefits, depending on the person’s age at the time of death. For example, survivors of very young workers might be eligible if the deceased worker was employed for 18 months (1.5 years) and three years before the end.
Social Security Survivors’ Benefits Can Be Paid To:
- A widow or widower.
- Divorced spouses under certain conditions.
- Unmarried children younger than 18 or up to 19 if they attend elementary or secondary school full-time. Under certain circumstances, benefits can be paid to stepchildren, grandchildren, or adopted children.
- Children who were disabled before age 22 and remain disabled.
- Dependent parents age 62 or older.
Additionally, in some jobs, an employee’s salary is not subjected to payroll taxes. These include:
- Domestic work
- Farm work
- Work for a church or church-controlled organization
- Employment with state or local governments that pay into a pension program instead of Social Security.
How Do I Qualify For SSDI?
In addition to a work history that makes them eligible, applicants for Social Security Disability Insurance benefits must demonstrate that they meet specific criteria before they receive payments.
What is defined as a Disability in Oklahoma City?
The Social Security Administration defines disability as preventing individuals from performing substantial gainful work.
The Social Security Administration requires an applicant for SSDI to submit evidence that:
- You cannot do work that you did before.
- Your disability has lasted or is expected to last at least 12 months or cause your death.
- Your medical condition(s) prevents you from adjusting to any other type of gainful employment.
Proving that you are disabled requires completing multiple forms and providing a variety of personal information, including:
- Medical records
- Employment records
- Workers’ compensation claim records
- Financial records, e.g., bank accounts, retirement accounts, and other assets.
If your medical records show that your condition matches an impairment in the Social Security Administration’s list of impairments (known as the “Blue Book”), you are considered disabled.
The Blue Book describes impairments to each central body system considered severe enough to prevent an adult from doing any gainful activity.
The most common types of qualifying disabilities in the Blue Book, include:
- Musculoskeletal Disorders
- Neurological Disorders
- Mental Disorders
- Cardiovascular System Impairments
- Digestive System Disorders
- Respiratory System Disorders
- Malignant Growths and Tumors / Malignant Neoplastic Diseases (cancer)
- Genitourinary System Disorders (kidneys, bladder)
- Sensory Systems Disorders (including speech)
- Blood DisordersSkin Disorders
- Endocrine Disorders (hormonal imbalances)
- Immune System Disorders (including HIV/ AIDS)
- Congenital Disorders.
Each category above includes multiple impairments, which the Blue Book describes. If your condition does not match a listed impairment, you must provide medical evidence that your injury or illness hinders you in a manner equivalent to a recognized impairment.
You Met SSDI Requirements. What’s Next?
Suppose the evaluator handling your claim agrees that you have a disabling condition. In that case, they must decide whether you can perform your current job’s essential functions with or without reasonable accommodation or perform any substantial gainful activity.
You’re Approved. How Will My SSDI Begin?
If your application is approved, you will receive a letter explaining your benefit and when payments should start. There is a mandatory five-month waiting period from the onset of disability until you can begin receiving SSDI payments, regardless of whether your condition, such as cancer, worsens after you apply for benefits.
What if I’m denied SSD benefits? Can I get an Appeal?
Certain conditions allow an applicant to seek a review of their claim under the Compassionate Allowance Initiative. If a person has been diagnosed with a disabling condition that, by its nature, qualifies someone for Social Security Disability benefits, confirmation of such a disabling condition can lead to approval for disability benefits immediately, sometimes in a matter of days.
If your application for SSD benefits is denied, the letter will say why and advise you that you have 60 days to appeal the decision.
Can I Receive SSDI and SSI at the Same Time?
Supplemental Security Income (SSI) is a disability program based on financial need. Usually, SSI pays benefits to disabled individuals who have never been able to work for a living, such as someone who has been disabled since birth or was injured or became ill as a child. The SSI program also benefits adults who meet the financial requirements and are over age 65 or blind.
In some circumstances, you can receive SSI and SSDI benefits simultaneously. This is commonly referred to as “concurrent benefits.” To receive concurrent benefits, you must be approved for SSDI but accept low monthly payments due to such factors as short work history or having earned relatively low wages throughout your employment history.
When the SSA determines whether you have a financial need for SSI, it considers earned and unearned income (including anticipated SSDI payments) and other financial resources or assets. As a result, if you meet the deficient financial requirements for SSI, you may receive SSDI payments and SSI benefits.
How Our Law Firm Helps SSDI Claim Applicants
Because of the complexity of the SSDI application and the need for claim evaluators to keep up with volume, SSA evaluators look for a reason to reject a claim and move to the following file.
Retaining an experienced Social Security disability benefits attorney is not required. Still, it can significantly increase the likelihood of a successful SSDI claim by ensuring you submit a proper claim application.
At Ryan Bisher Ryan & Simons, our experienced Oklahoma City disability attorneys can:
- Assemble the documentation and prepare an initial application for Social Security Disability Insurance benefits that is complete and accurate, which increases the likelihood that it will be approved.
- Reach out to your treating physician to ensure the information and documentation they provide is necessary to gain your claim’s approval.
- Appeal a denial of your SSDI or SSI benefits claims through as many levels of appeal as necessary.
Our skilled Oklahoma City Social Security Disability attorneys are committed to working quickly and doing everything we can to prevent delays in processing your Social Security Disability claim.
How to Contact Ryan Bisher SSDI Attorneys
Contact us for a free consultation and learn how we can help you. Before proceeding, our fee for assisting you beyond a free initial consultation will be stated and approved by the Social Security Administration. By law, prices cannot exceed the lesser of 25 percent of past-due benefits or $6,000. Don’t delay your benefits further. Contact us today.
Get Started