Social Security Disability
If you become injured or develop a medical condition that prevents you from working, you may be eligible to receive Social Security Benefits. Social Security is a type of insurance program that you have paid into over the years through a tax on your wages. It can provide a source of income in the event that you are no longer able to engage in substantial employment.
The rules, forms, and procedures of the Social Security Administration can be a bit intimidating and confusing for the average claimant. A Social Security Disability attorney can assist you with navigating this system and preparing your case to achieve a successful outcome. To schedule an initial consultation, call our law office in Batavia at 513-732-0086.
SSDI and SSI: What is the Difference Between the Two Programs?
Because of their similar initials, people often confuse SSDI and SSI, but they are two separate disability programs administered by the Social Security Administration. Each program involves different qualification criteria and benefits.
Social Security Disability Insurance (SSDI) is based upon your work history and the Social Security taxes you’ve paid into the system out of your paycheck. SSDI provides monthly payments to individuals who can no longer work due to a qualifying disability. To qualify, you must have earned sufficient work credits.
You earn work credits based on your yearly earnings. As of 2025, you receive one credit for each $1,810 in earnings, up to a maximum of four credits per year.
If you are aged 31 or older, you need at least 40 work credits to qualify for SSDI. 20 of those credits need to have been earned in the 10 years immediately before your disability began.
Different rules requiring fewer credits may apply for individuals who become disabled prior to age 31.
Supplemental Security Income (SSI) is a program to help individuals with limited income and resources. SSI provides assistance to people who are disabled, blind, or aged 65 and older, without regard to work history. Therefore, you can potentially be eligible for SSI even if you’ve never worked.
To qualify for SSI, the Administration will consider your monthly income as well as your assets, which must fall below certain limits.
The current limit on assets is $2,000 for individuals, and $3,000 for married couples living together
Assets that count toward these limits include cash, bank accounts, stocks, bonds, and other investments. Real estate (other than your primary residence), additional vehicles, and valuable personal property also count.
Certain assets are not counted toward the resource limit:
- Your primary residence and the land it is located on
- One vehicle used for transportation
- Personal effects and household goods up to $2,000 in value
- Life insurance policies with a face value of $1,500 or less
- Burial plots up to $1,500
The 5 Step Analysis of a Social Security Disability Claim
The Social Security Administration uses a sequential 5-step process in determining if a person is disabled under their rules. The following inquiries will be applied in deciding your claim:
Step 1. Are you working?
Social Security refers to paid employment as “substantial gainful activity” (SGA). Social Security sets an annual dollar amount threshold for what constitutes SGA.
As of 2025, if you’re earning more than $1,620 per month, Social Security will find that you’re engaged in substantial gainful activity and will deny the claim.
If you are not currently working, or earning less than $1,620 per month, then Social Security will go to the next step and look at your medical conditions.
Step 2. Do you have a severe medical condition or impairment that is expected to last for 12 months?
Social Security looks for evidence of a medical condition that significantly limits your ability to engage in work related activities, like lifting, walking, sitting, following instructions, and completing assigned tasks.
Your injury or medical impairment must be expected to last for at least 12 months. Minor, short-term injuries and conditions do not qualify for a social security disability claim.
Step 3. Is your medical condition listed on Social Security’s Listing of Impairments?
The Social Security Administration uses a “List of Impairments” that sets forth certain medical conditions that are so severe that they can automatically qualify a claimant for benefits. If your specific condition is on the list, and the resulting impairment is significant enough, you may be approved for benefits at this stage.
It is also possible that your diagnosis appears on the SSA listing, but your symptoms or resulting impairments do not quite meet the requirements of the SSA listing. In that situation, SSA moves on to the next step of evaluating whether you can perform work you’ve done in the past.
Step 4. Can you do the work you have done in the past?
SSA will review your application and medical records to assess the type of work functions you may still be able to perform during a standard work week in light of your medical impairment.
For example: How long can you sit during an 8 hour day? How much can you carry? Will you require frequent short breaks? Can you climb stairs or ladders? This profile of your remaining work abilities is referred to as your “Residual Functional Capacity.” (RFC)
Social Security then compares your current RFC abilities to the workplace tasks involved in past jobs you’ve held to see if you still have the capacity to do any of those jobs. If you can still perform the tasks involved in one of your prior jobs, you’re not disabled.
Step 5. Does your condition prevent you from performing any other type of work?
If you are found to be unable to perform any of your past jobs, Social Security lastly considers whether there are other jobs that you could still perform when considering your medical condition, residual functions, age, education, and work experience. SSA will often rely on the opinion of a Vocational Expert who may suggest certain types of alternative employment positions that you are capable of performing (in their opinion).
If SSA decides you are still capable of working one of these jobs, they will determine that you are not qualified to receive disability benefits.
If you are not able to perform other types of work in light of your medical condition, you should be entitled to benefits.
How is the Social Security Disability Attorney Paid?
Social Security disability lawyers do not charge an up-front retainer to work on a disability case. The disability attorney will be paid a fee only if they win your case. This arrangement is called a “contingency fee.”
If your claim is approved, you will typically receive an initial lump sum check representing your “back pay,” or past due benefits. The attorney’s fee comes out of this check. The Social Security Administration will send your attorney a fee of 25% of the backpay check. However, this fee is capped off at a maximum annual amount set by Federal statute. After you receive your check for past due benefits on an allowed claim, you will begin receiving a monthly benefit check. The amount of your monthly benefit check is based on your earnings history.
How much will I receive in monthly disability benefits?
The amount of your SSDI (Social Security Disability Insurance) benefit check will be based on your earnings history and contributions you made to the Social Security program. You can check your Social Security Statement online to review your earnings history and get an idea of what your monthly benefit will be if you become disabled.
If you are awarded SSI (Supplemental Security Income) benefits, the amount of the benefit is set by the Federal Benefit Rate, which may periodically change to reflect cost of living increases. For 2025, the maximum monthly SSI payment was $967.00 for a single individual and $1,450.00 for a couple.
What evidence will the Social Security Administration use to evaluate my claim?
The primary source of evidence to support a disability claim will be your recent medical records, including any office notes, hospital records, and test results. Therefore, it is important that you have established an ongoing relationship with medical providers who can diagnose, treat, and document your condition and symptoms.
Additionally, the Social Security Administration will review the questionnaires you complete as part of your application. They may also ask you to be evaluated by one of their doctors to obtain additional information. Be as thorough as possible when you complete your application so that Social Security Administration will know about all your medical providers, prescriptions, and any hospitalizations, tests, or procedures you have undergone.
How can a Social Security Disability attorney help with my claim?
An attorney can help you obtain the records and other information you need to support your Social Security claim. Attorney Andrew Helmes will conduct a full review of all your relevant medical records to have a good understanding of your medical history. He may follow-up with additional forms or questionnaires for your individual doctors to complete. These additional opinions can provide the critical information that Social Security needs to evaluate, and approve, your claim for disability benefits.
If your claim goes to a hearing, you will have the opportunity to give testimony to an Administrative Law Judge about your medical condition and how it impacts your ability to maintain employment. We will make sure you feel comfortable in the administrative hearing process, and are fully prepared to answer the kind of questions that are likely to be presented to you.
Contact Our Social Security Disability Attorney To Learn More
If you are needing any type of assistance with a Social Security disability matter, speak with us. Call us at 513-732-0086 or contact us online to schedule an initial consultation.