Frequently Asked Questions

The federal Social Security Administration (SSA) manages two programs for people who can’t work because of a severe disability:

Social Security Disability Insurance (SSDI) is a federal program that is available to people with a steady work history who have paid into Social Security. It works just like an insurance plan. Most employed Americans pay FICA taxes, which go into a fund that is used to pay retirement, disability, and survivor’s benefits, along with Medicare. If you have been paying into this fund and become disabled, you can be eligible for disability benefits, based on your age, impairment, and how long you have worked. In some cases, your dependent children may also be eligible for benefits while you are receiving SSDI.

Supplemental Security Income (SSI) is a needs-based program for people with low income, few assets, and limited resources, and does not require you to have a work history. It provides people who are disabled or over the age of 65 with monthly payments to cover basic living expenses. The SSI disability program has the same medical requirements as SSDI, but it also looks at your income, your resources (such as cash, savings, land, personal property or vehicles), and your living arrangements to determine eligibility.

Depending on your eligibility, you may be able to collect SSDI and SSI benefits at the same time. This is known as receiving concurrent benefits, and can happen when your monthly SSDI payment is low enough that you also qualify for SSI to supplement your income.

Both SSDI and SSI use the same definition of medical disability.

To qualify, you must have a diagnosed physical or mental impairment, called a Medically Determinable Impairment (MDI) that has been proven with medical evidence. The impairment must have lasted, or is expected to last, at least 12 months or be expected to result in death. This MDI must also prevent you from performing Substantial Gainful Activity (SGA), meaning that you cannot earn enough from work to support yourself.

Substantial Gainful Activity (SGA) is the monthly earnings limit Social Security uses to decide if you are working at a level that disqualifies you from disability. If your gross monthly income is at or above the SGA amount, you are generally not eligible for benefits (with only limited exceptions).

Social Security sets monthly earning limits for SGA that change every year based on economic factors. The 2026 SGA amount is $1,690 per month for non-blind individuals and $2,830 per month for individuals who are blind. Social Security sets different criteria for evaluating SGA for people who are self-employed.

The SSA has a strict definition of disability and maintains an extensive list of physical and mental conditions that, when supported by the required medical findings, may automatically meet the medical criteria for disability benefits. This list is called the Listing of Impairments. However, even if a condition meets a listed impairment, applicants must also satisfy certain non-medical requirements to qualify for benefits.

However, even if your condition is not currently listed, you may still qualify for disability benefits by proving with medical evidence that your condition is just as limiting as one that does appear on the list, or your condition prevents you from working at any job on a sustained basis.

This is why you need the experts at Disability Advocates to handle your disability application from the start!

When your initial disability application is filed, the SSA follows a five-step evaluation process to determine your eligibility. They investigate to answer these questions:

• Are you working at or above the Substantial Gainful Activity (SGA) limit?
• Is your condition severe enough to limit basic work activities?
• Does your condition meet Social Security’s strict requirements as noted in their Listing of Impairments, or can your medical records show that it limits you just as much?
• Can you perform any of your past work?
• Can you adjust to any other type of work, considering your age, education, and experience?

Although these questions seem straightforward, nothing about Social Security Disability ever is. At Disability Advocates, we know the rules, exceptions, and technical details of the disability system, and we use that knowledge to make sure that you are treated fairly and receive the benefits you deserve.

It is critical to begin the application process as soon as your disability prevents you from working. Filing early protects your eligibility and can maximize your benefits. The day after you stop working is not too early to file.

If you wait too long:

• With SSDI, you may lose retroactive benefits (also called back pay) and could even become ineligible if your insured status expires after you stop working and are no longer paying Social Security taxes.
  
• With SSI, benefits can only begin the month after your application is filed, so waiting means lost months of payments.

Starting your application right away ensures that you do not miss out on the benefits you deserve.

No. Social Security does not pay partial disability benefits. Under their rules, you are either considered disabled and eligible for benefits, or not disabled and ineligible for benefits.

A disability rating from your doctor, such as “75% disabled,” may be important for Workers’ Compensation or other programs, but Social Security uses its own definition. To qualify, your medical condition must prevent you from performing Substantial Gainful Activity (SGA) for at least 12 months or be expected to result in death.

If your impairment prevents you from doing basic work activities, such as lifting, standing, sitting, handling objects, concentrating, remembering, using judgment, or communicating, contact Disability Advocates so we can evaluate your claim under Social Security’s rules.

Yes, in many cases you can receive Social Security Disability benefits while also collecting other benefits. Simply participating in another program does not automatically disqualify you from SSDI.

However, other benefit programs can affect your SSDI:

• Private disability insurance (short- or long-term): does not reduce SSDI.
• VA disability benefits (military service-related): does not reduce SSDI.
• Workers’ Compensation or certain public disability benefits: may reduce the amount of SSDI you receive, since combined payments generally cannot exceed 80% of your prior average earnings.
• Private retirement or pension benefits: do not reduce SSDI.
• Social Security retirement benefits: you cannot receive SSDI and Social Security retirement at the same time. Once you reach full retirement age, your SSDI automatically converts to retirement benefits.

Because the rules vary depending on the source of your benefits, it is important to have the experts at Disability Advocates review your situation to ensure you receive the maximum allowed.

Supplemental Security Income (SSI) The Social Security Administration determines SSI benefits based on your income, resources, and living situation. The federal government sets a base monthly rate which changes annually, and this can be reduced if you have other income or in-kind support from others, such as free room and board.

Social Security Disability Insurance (SSDI) Calculating SSDI benefits is more complex. The SSA reviews your past income that you paid FICA taxes on, and uses a formula set by law to determine your Primary Insurance Amount (PIA). The PIA is the amount you receive if you qualify for SSDI. The exact benefit depends on how much you paid into Social Security during your working years, not on the severity of your disability or your age when you apply.

You may be able to work while applying for benefits, but Social Security sets strict limits on how much you can earn. Working after applying for benefits (even if you are working below the SGA limit) can negatively affect your claim.

Even if you return to full-time work after being unable to work for at least 12 consecutive months, we may still be able to help you qualify for a closed period of disability, which can result in backpay for the time you were unable to work.

The time it will take to receive a decision depends on what state you are filing in, and where your claim is in the process. Here are general timeframes:

Initial Application: Typically takes between 6 to 9 months for a decision, though this can vary significantly by state.

Reconsideration: If your initial application is denied, this review also takes approximately 6 to 9 months, though this also can vary significantly by state.

Hearing Level: If reconsideration is denied, you can request a hearing before an Administrative Law Judge. Waiting for a hearing date often takes 9 to 12 months, though in some states it can be longer.

If your case is particularly complex, or Social Security orders medical exams or testing, the process may take more time.

Under certain circumstances, Disability Advocates may be able to request that your case be expedited. If you face a serious emergency such as an eviction, foreclosure, utility shutoff, or if you have a terminal illness diagnosis, please let us know immediately. We may be able to petition Social Security to move your case through the system faster.

Generally, your disability benefits will continue as long as your medical condition has not improved and you can’t work. However, benefits don’t automatically continue forever.

The Social Security Administration conducts periodic reviews called Continuing Disability Reviews (CDRs) to confirm that you still qualify. Reviews typically occur every 3, 5, or 7 years depending on how likely your condition is to improve.

Your benefits may end if:

• Your medical condition improves and you are able to work,
• You work and earn more than the Substantial Gainful Activity (SGA) limit after any trial work period,
• Workers’ Compensation or certain public disability benefits: may reduce the amount of SSDI you receive, since combined payments generally cannot exceed 80% of your prior average earnings.
• You reach full retirement age (SSDI then converts to retirement benefits), or
  
• For SSI, if your income or resources exceed the allowed limits.

Yes. A 2017 US Government Accountability Office (GAO) study proved that applicants who had advocates “were allowed benefits at a rate nearly 3 times higher than those without representatives.”

Read the complete report, then, contact Disability Advocates to help with your case!

No. You don’t need an attorney. You need an expert.

Social Security does not require advocates to be attorneys, and most law schools offer little to no training in the complexities of the Social Security disability system.

In fact, when attorneys want to deepen their understanding of this complex system, they frequently turn to us. Our experts founded The Disability Academy, one of the nation’s only training programs for disability professionals. Every session is led personally by our President and built on decades of real-world expertise.

At Disability Advocates, we combine knowledge, skill, and proven results to guide you through the process. Call us today to get the expertise you deserve.

Yes. Disability Advocate can step in to help clients at any stage of the disability claim process.

The sad reality is that most initial disability applications are denied by Social Security, but many of these cases can still be won on appeal.

If your claim has been denied, please talk to us before giving up. Social Security only allows 60 days to file an appeal for reconsideration or to file a hearing request, so it is important to call Disability Advocates as soon as possible!

At Disability Advocates, we combine knowledge, skill, and proven results to guide you through the process. Call us today to get the expertise you deserve.

We charge nothing to get started on your claim, and we only get paid if you are approved and receive backpay.

Disability Advocates works on a contingency fee, which means:

• You pay no up-front consultation fee and no money out of pocket to begin your case.
• If your claim is approved and you receive retroactive benefits (also called backpay or past-due benefits), our fee is 25% of that amount or the statutory maximum set by law, whichever is less.
• We do not receive any of your future monthly disability benefits.
• If you are not approved or do not receive backpay, you owe us nothing.
• Our fee is capped and regulated by the Social Security Administration, so you can be confident it is fair and transparent.

With Disability Advocates, you truly have nothing to lose and everything to gain by getting us involved from the start!

No. Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are federal programs, which means we can represent clients anywhere in the United States. We are headquartered in Kentucky, but have staff and clients in other states as well.

We will guide you through every step of this complicated process. Disability Advocates acts on your behalf to ensure you receive the monthly disability payment benefits and health coverage that you deserve from the Social Security Administration.

Here’s how we support our clients:

Applications and Deadlines

• Review your eligibility and recommend additional benefits you may qualify for
• Complete all SSA applications, forms, and paperwork permitted
• File documents on time, track receipts, and monitor progress
• Ensure critical deadlines are met

Medical and Supporting Evidence

• Request and submit medical records and medical source statements
• Suggest additional treatment and/or testing if needed to strengthen your claim
• Analyze your medical records for key evidence and articulate a clear theory of disability

Communication with SSA

• Interact with Social Security on your behalf and respond promptly to requests
• Maintain communication with the SSA staff working on your case

Representation and Advocacy

• Keep you informed and explain the process clearly so you always know what to expect
• File appeals as necessary on your claim
• Prepare and submit pre- and post-hearing briefs as needed
• Represent you at hearing and challenge expert witnesses when necessary
• Review decisions and your Notice of Award (NOA) with you

And, most importantly,

• Give you peace of mind so you can focus on your health, while we focus on your case!

Yes. We do not handle children’s disability cases, continuing disability reviews, or overpayment matters.