Georgia Social Security Attorneys

Everything You Need to Know About Filing an SSDI Claim

Social Security Disability Insurance, or SSDI, is a federal program that provides financial assistance to people with disabilities. Along with Supplemental Security Income, or SSI, it is one of two disability benefits programs offered by the Social Security Administration (SSA).

To qualify for SSDI, you must meet certain requirements. If eligible, you could be entitled to certain SSDI benefits, which are intended to assist with medical expenses and the general cost of living.

Filing a Social Security Disability Insurance claim can be challenging, and many first-time applicants are denied benefits. At Affleck & Gordon, we have extensive experience helping people navigate this system and recover the benefits they are owed under the law.

If you have questions about your claim, need help with your application, or wish to appeal a denied SSDI claim, do not hesitate to contact our SSDI attorneys right away.

Call (404) 990-3945 or contact our Social Security attorneys today for a free consultation.

Social Security Disability Insurance (SSDI) Benefits

Individuals who qualify for Social Security Disability Insurance (SSDI) are entitled to monetary benefits. These benefits are paid on a monthly basis. Benefits are calculated not on the severity of an individual’s disability but, rather, on the individual’s “average indexed monthly earnings,” or AIME.

An individual’s AIME refers to the average amount the individual earned in taxable income over a certain period of time. This amount is then plugged into a formula, which is adjusted annually, to find the individual’s “primary insurance amount,” or PIA. The PIA serves as the basic amount used to determine the individual’s SSDI benefits.

Recently, the Social Security Administration (SSA) announced an unprecedented cost-of-living adjustment (COLA) of 5.9% in both SSDI and SSI benefits for 2022 as a result of high inflation. For SSDI, increased benefits began in January 2022, and SSI benefit increases began in December 2021.

SSDI Eligibility Requirements in Georgia

To qualify for Social Security Disability Insurance (SSDI), you must meet the following criteria:

You have a medical condition that qualifies as a disability according to the Social Security Administration’s definition of “disability”
Your qualifying medical condition has prevented you from working or engaging in any type of “substantial gainful activity” (SGA) for at least one year
You have worked long enough and recently enough, and you have paid Social Security taxes on your income/earnings

Understanding Work Credits for SSDI

By working long enough and recently enough in a job covered by Social Security, you earn “work credits.” Work credits can be earned through both annual wages and self-employment income and are capped at four work credits per year. The amount of income needed to earn work credits changes each year. In 2022, you can earn one work credit for every $1,510 in taxable wages or income you receive.

To qualify for SSDI, you must earn the appropriate number of work credits. In most cases, you must have at least 40 work credits, and you must have earned at least half of those (20) in the 10 years immediately preceding your disability. However, the exact number of work credits you will need to qualify for SSDI benefits will depend on how old you are when you become disabled.

Answers you can count on

Social Security Disability Insurance (SSDI) is a federal program funded by social security taxes that pays monthly benefits to you if you have a severe physical and/or mental disability that prevents you from working, and if you become disabled before you reach retirement age.
Disability is defined by documentation of a physical and/or mental condition which prevents you from performing “substantial gainful activity” (SGA). SGA basically means work performed in exchange for payment. A disability is defined as a mental and/or physical condition expected to last at least 12 months or to result in death. Whether one is eligible for disability is a matter subject to some interpretation. Although your doctor may have advised you not to work, or you may feel too ill to work, the Agency will not necessarily agree that you are disabled. Social Security initially evaluates disability based on a catalog of physical and mental conditions called a “Listing of Impairments.” These are available on the Social Security Administration website, www.ssa.gov (search for “Listing of Impairments”). Even if you can’t show that your condition is exactly as described in the listing, it is still possible to prove that you are disabled. Furthermore, even if you are denied benefits because Social Security says you are not disabled, you have a good chance of winning on appeal. An attorney can be very helpful at a hearing.
Briefly, SSI is a government program that pays monthly benefits to disabled adults and children or elderly people whose incomes and assets are limited or non-existent.
The Veterans Administration provides monthly, tax-free compensation to former U.S. military service members injured or suffering from a chronic disability related to their time in service, or whose pre-existing condition their duties exacerbated. Veterans may qualify for benefits stemming from physical or mental conditions developed during or after their service. Physical injuries during service are common, as are mental conditions brought on by the rigors of active duty, including post-traumatic stress disorder. Chronic conditions and pre-existing conditions made worse by your military service are also covered by VA disability in some situations where the connection to your time in service is established.

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SSA's Definition of Disability for SSDI Claims

The SSA has a strict definition of “disability.” To qualify for SSDI benefits, your medical condition must meet this definition. You cannot receive SSDI benefits if you are partially disabled or if you have a short-term disability that lasts for less than a year.

According to the SSA, a medical condition qualifies as a “disability” if it:

Prevents the individual from performing the work they did before they became disabled or adjusting to modified work or another form of work
Prevents an individual from engaging in any type of substantial gainful activity (SGA)
Lasts or is expected to last for at least one year and/or result in death

If your medical condition does not meet all of these criteria, you may not qualify for SSDI benefits

Navigating the SSDI Application Process in Georgia

There are several steps involved in the SSDI process. It is important that you correctly follow these steps, as any mistake on your application could result in your claim being denied.

Below is a general overview of how to apply for SSDI:

First, you must gather the appropriate documents and supplementary information, such as information about your work history, your medical condition, proof of citizenship, and more
Next, you should fill out and submit an SSDI application online, by phone, by mail, or in person at your local Social Security Administration (SSA) office
Then, the SSA will review your application and process it before sending it to the Georgia Disability Determination Services office (or the office in your state)
The Disability Determination Services office will decide on your case and either award benefits or deny your claim

Our SSDI attorneys at Affleck & Gordon can assist you in applying for disability benefits. We are very familiar with the process and can help ensure your application is properly filled out with all supporting documents and information provided. Call (404) 990-3945 today.

What to Do If Your SSDI Claim Is Denied

Many SSDI claims are denied. This happens for a variety of reasons, from application errors to issues with medical conditions failing to meet the Social Security Administration’s definition of “disability,” problems with work credits, and more.

If your SSDI claim is denied, you have the right to appeal this decision. Appealing a denied SSDI claim involves several steps:

Reconsideration: The first step in appealing a denied SSDI claim is requesting a reconsideration. You may request a reconsideration for either a medical determination or a non-medical determination. If your original claim was denied for medical reasons (for example, if the Social Security Administration (SSA) claims that your medical condition does not meet its strict definition of “disability”), you may request a reconsideration for a medical determination. All other denial reasons require a request for reconsideration for a non-medical determination.
Administrative Hearing: If you disagree with the SSA’s decision on your reconsideration, you may request a hearing before an administrative law judge (ALJ). Once you have requested an administrative hearing, you will receive a notice from the SSA informing you of the time and date of your hearing. These hearings often proceed much like a standard trial; you and your legal counsel may submit evidence in support of your claim, and the SSA may also submit evidence against your claim. The ALJ will issue a written decision based on the evidence at the conclusion of the hearing.
Appeals Council Review: If you believe the ALJ made an error, or if you disagree with the outcome of the administrative hearing, you may request a review by the Social Security Appeals Council. The Appeals Council may grant or deny your request for a review. If it grants your request, it may return your case to the ALJ for further review, or it may issue a new decision on your case. However, the Appeals Council generally only grants requests for review when it determines that a legal or administrative error was made. If the ALJ’s decision was made according to applicable laws, your request for an Appeals Council review may be denied.
Federal Court Review: The final step in appealing a denied SSDI claim is requesting a review by the federal court. You may request a federal court review if you disagree with the Appeals Council’s decision following its review of your case, or if you believe that an error was made. Your attorney can assist you in requesting and preparing for a federal court review.

How Our SSDI Attorneys Can Help

At Affleck & Gordon, we care deeply about helping our clients obtain the disability benefits they need to manage everyday expenses and maintain their quality of life. We know how stressful it is to suffer a disability or be diagnosed with a serious medical condition, which is why we work tirelessly to help our clients face—and overcome—their physical, emotional, and financial challenges. As your legal team, we will be there for you every step of the way, offering personalized counsel and professional guidance based on decades of legal experience.

Our firm can assist you with all aspects of your SSDI case, including but not limited to:

Determining whether you are eligible for SSDI
Explaining the types of SSDI benefits you may be entitled to receive
Gathering applicable documents and information to support your claim
Filing your original SSDI claim with the Social Security Administration (SSA)
Requesting a reconsideration or administrative hearing if your claim is denied
Preparing for and navigating the SSDI appeals process

We are happy to answer your questions and address your concerns throughout the process. Our SSDI attorneys have extensive experience helping disabled individuals, veterans, and families throughout Georgia, and we look forward to serving you, too.

For help with your SSDI claim, contact our Georgia Social Security Disability law firm online or by phone at (404) 990-3945 today.

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