Social Security Disability Lawyers NC | SSDI Attorneys

Social Security Disability Insurance (SSDI) is a federal program that provides financial benefits to individuals who cannot work due to a qualifying disability. SSDI benefits are based on your past earnings and work history, and you must have paid Social Security taxes to qualify.

Supplemental Security Income (SSI) is a federal program designed to assist individuals with low income and limited resources who are disabled, blind, or aged 65 or older. Unlike SSDI, SSI is based not on your work history but on your financial need.

You can file for SSDI benefits as soon as you become unable to work due to a disability. It’s advisable to apply as soon as you know your condition will be long-term or permanent, as waiting too long can delay your benefits.

Social Security does not offer temporary disability benefits. However, some states have temporary disability programs, and you might be eligible for other forms of assistance, such as short-term disability insurance or unemployment benefits while waiting for your SSDI claim to be processed.

Approval rates can vary depending on factors like the severity of your condition, the quality of your medical evidence, and how well your case meets Social Security’s criteria. Statistics show that many initial applications are denied, but having strong medical evidence and legal representation can improve your chances of approval.

You should consider applying for Medicaid once approved for SSI benefits, as SSI recipients automatically qualify for Medicaid. If you only apply for SSDI, Medicaid eligibility will depend on your state’s specific rules and financial situation.

Yes, Social Security considers both physical and mental disabilities when determining eligibility. You will need to provide medical evidence showing how your mental and emotional conditions impact your ability to work and perform daily activities.

The Social Security Administration (SSA) does not subject Social Security Disability (SSD) claimants to an asset test—something Supplemental Security Income (SSI) claims require. Considering SSDI applicants can possess assets, cash, and resources without limit, there is nothing in the SSDI guidelines that will prevent a claimant from owning a home and/or car. In SSI claims however, both home and/or car ownership can be a problem.

SSI asset calculations will not consider the value of the home in which an applicant resides—but they will count the value of secondary residences, vacation homes, land other than where their primary residence is located, or income properties. The value of such additional property may potentially disqualify an applicant from SSI—even if they are found medically disabled.

SSI asset calculations will not consider the value of the first vehicle an applicant owns—but they will count the value of additional vehicles, boats, motorcycles, or recreational vehicles. The value of such additional items may potentially disqualify an applicant from SSI—even if they are found medically disabled.

In general, Social Security Disability Insurance (SSDI) from the Social Security Administration (SSA) pays more per month than Supplemental Security Income (SSI). In 2018, SSA pays an average monthly SSDI rate of $1,197—as compared to the current maximum SSI rate of $750 per month for individuals. Unlike SSDI—which remains the same and only increase if the federal government approves cost-of-living increases—SSI can vary from one month to the next depending on an individual’s income and assets. SSI may also be much less than the $750/month maximum rate. In all circumstances, SSDI and SSI end once an individual reaches full retirement age at 65 or 66 (based on an individual’s date of birth). An individual cannot receive SSDI or SSI benefits while they receive their full retirement benefits. If an individual elects to receive early Social Security retirement at age 62 or later—and takes the penalty to do so—this may impact the SSDI or SSI benefits an individual receives. The rules are complex regarding the impact of Social Security early retirement on SSDI and SSI benefits, making it a wise idea to always consult an experienced disability benefits attorney.

Social Security Disability Insurance (SSDI) from the Social Security Administration (SSA) are subject to Federal tax in limited cases. If you are married and file jointly, you and your spouse pay no tax on combined income below $32,000 per year—including half your SSDI benefits. Above this, a portion of SSDI benefits is subject to Federal tax. Most states exempt SSDI benefits. Since taxation of SSDI benefits is complicated and can vary, it is wise to consult an accountant—especially in the first benefit year.

Some Social Security Disability Insurance (SSDI) issued by the Social Security Administration (SSA) are subject to taxation. However, SSDI recipients with no other income do not pay tax. Unlike Supplemental Security Income—on which a recipient pays no tax after retirement age—there is currently no age-related cutoff to determine if SSDI benefits are subject to tax. Since taxation of SSDI benefits is complicated and can vary, it is wise to consult an accountant—especially in the first benefit year.

Even though Social Security Disability Insurance (SSDI) are not subject to taxation for approximately two-thirds of beneficiaries, the Social Security Administration (SSA) will still issue a form SSA-1099 to everyone who received SSDI benefits in a given tax year. Form SSA-1099 will indicate exactly how much money a beneficiary has received in SSDI benefits from SSA in that year. SSDI recipients should always retain Form SSA-1099 for when they file their federal and state income tax returns.