Social Security Disability FAQ | McCravy Law

A person can apply for Social Security disability benefits (also known as Social Security
Disability Insurance [SSDI]) by visiting or calling their local Social Security Field Office or
applying online. An experienced Social Security disability attorney with the McCravy,
Newlon, Sturkie & Clardy Law Firm can assist you with every aspect of the application

You should apply for disability benefits as soon as you are unable to work because of long-
term injuries or mental impairment. Waiting too long to apply for benefits could result in a
loss of benefits.

It may take up to one year or longer to get a disability hearing, and people who receive
denials must appeal within 60 days of the date for a disability claim’s last denial. When
Social Security terminates benefits with a written denial, you should appeal as soon as
possible and not hesitate to seek legal representation in these cases.

Frequently Asked Questions About Social Security Disability

How does the Social Security Administration define disability?

Code of Federal Regulations (CFR) § 404.1505 defines disability as "the inability to do any
substantial gainful activity" because of "any medically determinable physical or mental
impairment which can be expected to result in death or which has lasted or can be
expected to last for a continuous period of not less than 12 months." To satisfy this
definition, a person must have a severe impairment(s) that makes them unable to do their
past relevant work, and the SSA will use a residual functional capacity assessment to
determine if a person can do their past relevant work.

If the agency finds that a person cannot do their past relevant work, they will use the same
residual functional capacity assessment and vocational factors of age, education, and work
experience to determine if the person can do other work. The SSA will use this definition of
disability if a person is applying for any period of disability or disability insurance benefits
as a disabled worker, child's insurance benefits based on a disability before 22 years of age,
or as a widow, widower, or surviving divorced spouse.

How long will the disability application process take?

An initial application can take 30 to 90 days for the first possible decision. When there is a
denial, a person will have 65 days to file a request for reconsideration, and this will take
another 30 to 90 days to get a decision from the SSA. Application processing time will vary
depending on a person's medical condition(s), the documentation provided, and whether
or not they were denied and need to file an appeal.

Can a person receive both Supplemental Security Insurance (SSI) and SSDI at
the same time?

Some people can receive both SSI and SSDI benefits simultaneously, also known as
concurrent benefits, usually for people who have SSDI with low monthly benefits. Common
reasons for low monthly payments for SSDI include insufficient work histories and low
employment wages. The SSI program is a need-based financial program that takes into
consideration all sources of countable income - or all earned and unearned income sources.
As long as a person's SSDI benefits and other sources of income do not exceed the SSI limit,
they could qualify for concurrent benefits.

Can a person receive Social Security disability benefits and still work at the
same time?

The SSA customarily provides benefits based on a person's inability to work because of an
illness or condition. Benefits will thus be provided to compensate for someone's lack of
work. While limited, beneficiaries of SSI or SSDI could be allowed to work up to 20 hours a
week and still receive disability benefits.

Contact Our Social Security Disability Attorneys

If you are preparing to embark on the Social Security disability benefits process, you will
want to make sure you retain legal counsel so you can be confident that you are getting as
much as possible. The McCravy, Newlon, Sturkie & Clardy Law Firm has been helping
people with Social Security Disability benefit claims for more than a quarter-century.

Our firm understands how complex the requirements can be for both SSDI and SSI benefits,
but we will work closely with you to ensure that your application is as complete as possible
and has the best chance of earning approval. We will know how to appeal any denial and
will work continuously to help you achieve the most favorable outcome to your case, so do
not hesitate to call (864) 388-9100 or contact us online to schedule a free consultation.

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