Social Security Disability

You may have heard about the many recent policy updates from the Social Security Administration office. The new Commissioner of the Social Security Administration, Martin O’Malley, has enacted many changes in 2024. Commissioner O’Malley was nominated to his position as the Commissioner and was sworn into office on December 20, 2023.

Today is Administrative Professional Day, a special day when we express our gratitude and appreciation for the hard work and commitment our staff and administrative professionals at Pyfer, Reese, Straub, Gray & Farhat contribute every day to our clients and our firm.  Whether it is preparing custody or divorce pleadings, assisting with will preparation or estate administration, or answering questions regarding personal injury, social security, workers’ compensation or criminal litigation, our administrative staff at Pyfer Reese play a pivotal role in the success of each legal action handled by our firm.  

SSDI & SSI: For which disability benefit(s) should you apply?

SSDI benefits and SSI benefits are two disability benefit programs offered by the Social Security Administration (“SSA”). Social Security Disability Insurance (“SSDI”) benefits and Supplemental Security Income (“SSI”) are provided as benefits to individuals that qualify based on a disability that meets SSA statutes. But, which one should you apply for? Should you apply for both or are you not eligible for either SSDI or SSI?

The Social Security Administration (SSA) offers monetary benefits to individuals that qualify based on a disability that meets SSA statutes or, in the case of Supplemental Security Income (SSI), are low income eligible. The process of filing for Social Security Disability Insurance (SSDI) or SSI will vary for each individual, as each individual’s situation is unique. An attorney at Pyfer, Reese, Straub, Gray & Farhat, P.C. is available to assist you at any stage throughout the filing process, beginning with a free consultation.

Filing an Initial Application

The initial application can be filed in person at a local Social Security office, over the phone, by mail, or online at ssa.gov.   If applying via paper forms, these will be sent to you in the mail for you to complete.  While the initial application may seem straightforward, there are steps that you can take to best ensure that you are approved at the application level.

Accurate completion of these forms is critical to the decision that will be made in your case.  The forms should be filled out appropriately and returned promptly. An applicant may be required to have an examination by SSA doctors during this time. The best steps for an individual to take at the application level are unique in each case and would require review prior to advice being provided. This first level can require approximately 3-6 months before a determination is made on your application.

When a person applies for Social Security Disability Benefits, the Social Security Administration (“SSA”) applies a five-part test to decide whether that person meets its definition of disability. The person applying for disability must prove each factor to be awarded disability. 

Disability Eligibility Factor No. 1

The first factor SSA considers is whether the person is engaging in Substantial Gainful Activity. Simply put, this means SSA will investigate whether the person is working and making more money than allowed for an award of disability benefits to be made.