Common Questions about Qualifying for Social Security Disability (SSD)
Do I have a strong case for Social Security Disability benefits?
You qualify for Social Security Disability (SSD) when you can’t work more than a small amount because of long-term health problems.
If your medical conditions are life-altering, they don’t allow you to hold a job, there’s no sign you will recover in less than a year, and you receive appropriate medical care, you might qualify for disability benefits.
Get a Free Consultation on Your Case »Can I work and still get Social Security Disability benefits?
You can’t work and earn more than a certain dollar amount each month and still expect to win Social Security Disability benefits. The purpose of disability benefits is to help people who are unable to earn an income.
Social Security has a limit called “substantial gainful activity” or SGA. It’s a limit on how much you can make and still qualify for SSD. It changes year by year. In 2025, you couldn’t earn more than $1,620 per month from working and still qualify for Social Security Disability.
In 2026, SGA is $1690.
What’s the difference between SSI and SSDI? Which one do I qualify for?
Social Security runs two disability benefit programs, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
The way they’re the same is that both require you to be unable to work because of medical conditions to qualify for benefits.
The differences between SSI and SSDI are related to your work history, financial situation, and the type of benefits you get.
You qualify for SSDI when you have a significant work record, paid Social Security taxes, and have enough credits in the system. SSDI doesn’t look at your savings, investments, property, spouse’s income or any other resources available to you, only whether you worked in the past and are unable to work now.
You qualify for SSI when your income and assets are low, and you don’t need to show a work history.
SSDI benefits you may qualify for include monthly checks at different levels depending on your past earnings, which may be more than SSI pays. You also get access to Medicare health coverage.
SSI pays an amount that changes every year and can be reduced if you have other income.
What’s the difference between Social Security Disability and short-term disability or long-term disability insurance?
Long-term disability and short-term disability are policies by private insurance companies meant to help when you can’t work because of health disruptions.
You may have this disability insurance coverage through your job, or you can buy a policy yourself.
This is different from Social Security Disability, which is a disability benefits safety net administered by the federal government. While Social Security Disability has nationwide rules, long-term disability and short-term disability coverage is set by your individual policy.
The disability lawyers at Fletcher Van Gilder focus on helping you navigate the government-run, Social Security Disability process.
What happens if I inherit money or receive a legal settlement while receiving SSD? Do I still qualify for benefits?
Sources of money other than working—such as an inheritance, a settlement in a personal injury case, or other kinds of benefits such as workers’ compensation—don’t affect whether you qualify for Social Security Disability Income (SSDI).
Qualifying for SSDI resources is based entirely on whether you have income from working. Receiving other government benefits, like workers’ comp, may affect the amount you receive in monthly disability checks.
Inheritances, personal injury settlements and other government benefits can impact your eligibility for Supplemental Security Income (SSI), however, because SSI requires you to have low financial assets, not just little to no current income.
Common Questions About Applying for Social Security Disability
What’s the best time to apply for Social Security Disability?
Some people think they need to wait twelve months to apply for Social Security Disability benefits to see if their health improves.
Don’t do that. As soon as you know you can’t work because of your health, and you can’t say how long you’ll be out, you should apply for benefits.
It takes a long time to win benefits, and there are advantages to starting the process sooner.
In the end if you qualify, you’ll be awarded back benefits for your wait, so the earlier your application date, the more back benefits you might receive.
Also, you may know that to qualify for disability, your work-stopping impairment must last a year. That doesn’t mean you should wait a year to apply. But you need confirmation from your doctors that your condition is likely to last that long.
Waiting too long can make it harder to track down evidence you need when medical records from your treatment start to get old.
Does a disability lawyer from Fletcher Van Gilder help with my initial application for disability benefits?
Not all law firms help with your initial application for Social Security Disability. But Fletcher Van Gilder does.
Working with a disability attorney from the start can save you work, help you avoid mistakes and improve your chances of ultimately winning benefits.
Contact Us to Apply »What do I need when I apply for Social Security Disability?
An SSD application requires information about your medical care, finances and work history. You may need statements from your medical providers and from people who know you about how your health issues impact your daily activities.
You’ll need to fill out multiple forms.
You can apply for disability benefits online, by phone, by mail, or in a Social Security office, but dealing with Social Security yourself can be highly frustrating. Your disability attorney can take care of dealing with the Social Security Administration for you.
How long does it take to get SSD benefits?
It takes too long.
Social Security typically has backlogs of cases and not enough employees to process new applications.
It can take several months to get your initial decision. And if you’re denied, it can take months more to appeal, or as long as a year to have a hearing with a disability judge.
It can easily take over a year to be approved for Social Security Disability.
But here’s a bit of better news: When you win benefits, the SSA will probably owe you back pay. You get a lump sum to cover much of the time you spent waiting for a decision. It can be a significant amount.
The wait is frustrating, but your attorney can keep you informed about your case every step of the way.
Common Questions about Social Security Disability Denials and Appeals
Should I appeal my SSD denial?
We know it’s incredibly discouraging to get a denial letter from Social Security.
But getting denied is practically a built-in part of the process. More than half of people who apply get denied at first.
Appealing your disability denial is a crucial step to keeping your claim for benefits alive.
Generally you must appeal within 60 days from the date of your denial, so don’t delay the decision.
Talk to a Lawyer Now »What happens when I appeal a disability denial?
For your disability appeal, you’ll add medical evidence and updates on your health and work situations.
You’ll address any issues Social Security raised in your denial letter. You’ll highlight any mistakes that a Social Security claims examiner may have made.
You’ll build up your arguments for why you should win benefits.
Your first step is asking Social Security for a reconsideration of its decision. If you get denied again (which is typical), you’ll ask for a hearing with an administrative law judge.
Your hearing with a disability judge is an important moment. It’s your only chance to explain your health struggles in person. It may be your best opportunity to win benefits.
Government studies have found that people who are represented by an attorney at their hearings were almost three times more likely to win benefits.
But if the judge denies you, it’s still not over. You can ask the Appeals Council at Social Security to review the judge’s decision. After that, you can file a lawsuit against Social Security in federal court.
This is a highly specialized legal process, and you’ll want a skilled Social Security Disability lawyer to get you through it. The Fletcher Van Gilder Fort Wayne disability lawyers have handled hundreds of disability appeal hearings.
Common Questions about Social Security Disability Attorneys
Should I work with a lawyer to get Social Security Disability benefits?
When you’re thinking about getting a lawyer for Social Security Disability, you should know this:
- Dealing with Social Security is extremely difficult. Your lawyer takes on that struggle, so you don’t have to.
- Your chances of winning disability benefits increase with a lawyer.
- You pay no attorney fee until you win benefits.
Most people who win their case feel the attorney’s fee is fair, because their attorney greatly reduced the stress of dealing with Social Security and helped secure crucial financial relief.
More About FVG »How much does it cost to get a Social Security Disability lawyer?
Both Social Security and the attorneys who help with disability benefits understand that you’re in no position to afford an expensive lawyer.
So, you pay nothing up front to get a lawyer on your case.
You only pay when you win benefits, and your lawyer’s fee doesn’t come out of your pocket or your future monthly benefits.
Disability attorney fees come from the back benefits you and your family receive when you’re finally approved. In most cases, your attorney can only collect 25 percent of your back benefits, up to a $9,200 limit (as of 2025).
What’s it like to work with the Fort Wayne disability attorneys at Fletcher Van Gilder?
The disability attorneys at Fletcher Van Gilder believe you deserve personal attention and respect when your health conditions worsen and keep you out of the workforce.
When you have us as your disability lawyers, we’ll listen to your needs, explain the process in clear terms, and make sure we’re available to answer your questions.
You can call us anytime and meet us in person at our Fort Wayne disability law firm during regular office hours and talk to our team.
You don’t have to come to the office. You can stay home and work with us on your case by phone, email, text, regular mail or video call.
Think of your disability attorney like a highly capable neighbor who knows this system from start to finish and will fight for the benefits you deserve.
