More Commonly Asked Questions About SSDI Benefits
When you are dealing with a disability and trying to understand your eligibility for Social Security Disability Insurance (SSDI) benefits, or attempting to learn more about appeals options after having your claim denied, our national disability lawyers know that you have many questions. While it is important to speak directly with a lawyer about any questions you have so that you can provide the details particular to your case, we can answer commonly asked questions about SSDI payments. We have answered some frequently asked questions (FAQs) in the past, and the following are more FAQs along with our answers to guide you as you think about applying for or appealing your case for SSDI benefits.
Q: Can I Appeal a Denial of Benefits?
A: Yes, there are multiple steps for appeal, beginning with a reconsideration and going all the way up to filing a court case.
Q: What is the Appeals Process?
A: It depends on the status of your application and whether or not you have already appealed and been denied subsequently. The first option for appeal — this is after you have submitted your initial application for SSDI benefits and been denied — is to request reconsideration. Your request for reconsideration will either be a request for disability reconsideration (if your denial was based on your meeting the required definition of a disability) or a reconsideration for non-medical reconsideration (if your denial was based on something other than your disability).
If you are denied again, you can request a hearing with an administrative law judge (ALJ). If you are denied again by the ALJ, you can request a review with the Appeals Council. Finally, if you do not agree with the Appeal Council’s decision, you may be able to file a lawsuit in federal district court.
Q: Can I Work While Receiving SSDI Payments?
A: It depends. Generally speaking, to be eligible for SSDI payments, your disability must prevent you from engaging in substantial gainful activity, meaning significant work. However, depending on your situation, you could be eligible for the SSA’s Trial Work Period, also known in short as TWP. It allows people receiving SSDI payments to try out their ability to work for a nine-month period without losing benefits.
Q: Will I Remain Eligible for SSDI After My Retirement Age?
A: Upon reaching your full retirement age, if you have been receiving SSDI benefits up to that point, those SSDI benefits will convert to traditional retirement benefits. This is the process for all SSDI recipients who reach the full age of retirement according to the current Social Security Administration (SSA) age scale.
Q: How Much Time Do I Have to Appeal?
A: Time windows vary depending on the type of appeal. A request for reconsideration must be made within 60 days of receiving your initial decision from the Social Security Administration.
Q: Are My Family Members Eligible for My Benefits?
A: It depends. Depending on their circumstances, spouses or ex-spouses, children, and grandchildren may in some cases be eligible to receive your SSDI benefits.
Contact a National SSDI Benefits Attorney
Do you have more questions about SSDI benefits? One of the experienced national SSDI benefits lawyers at the Law Offices of Stephen Barszcz can answer your questions today. Contact us for more information.
Sources:
ssa.gov/disability
ssa.gov/apply/appeal-decision-we-made
ssa.gov/family
