Fairfax Social Security Disability Lawyers

What Is the Difference Between SSDI & SSI? 

When facing income loss, individuals will often turn to government programs to help them avoid financial peril. The two most common programs are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). 

When discussing SSDI versus SSI, the differences are significant. They include:

• Eligibility: SSDI is based on qualifications related to your work history; SSI is based on your limited resources rather than your work history.
• Medical Coverage: With SSDI, you can get Medicare coverage after a two-year waiting period. With SSI, you are eligible for Medicaid immediately.
• Retroactive Payments: SSDI benefits are payable prior to the application date, but SSI doesn’t allow for retroactive payments.
• Waiting Period: With SSDI, there is a five-month waiting period. For SSI, however, there is no waiting period.
• Dependents: With SSDI, both the claimant and their dependents are eligible for benefits. With SSI, only the claimant is eligible.

For a more detailed discussion of your situation and how these programs can benefit you, turn to Lawrence, Smith & Gardner. Our Fairfax SSD attorneys can help you understand your options and which program is most applicable to your situation. We can also assist you in filing your application, appealing a denied application, and taking actionable steps to seek your SSD benefits. 

Who Qualifies for SSD Benefits? 

To qualify for Social Security disability (SSD) benefits, you must meet certain requirements set forth by the Social Security Administration (SSA). The SSA has different requirements for its different SSD programs. 

To qualify for Social Security Disability Insurance (SSDI) benefits, you must show that: 

• You have a medical condition that causes you to be unable to work or engage in any type of “substantial gainful activity” (SGA)
• Your medical condition prevents you from doing work you did before or adjusting/modifying your previous work activities 
• Your medical condition has either lasted for at least one year, is expected to last for at least one year, or is expected to result in death 
• You have paid Social Security taxes and earned the required “work credits” based on your years of employment, including self-employment 

To qualify for Supplemental Security Income (SSI), you must prove the following: 

• You are either disabled, blind, or over the age of 64 
• You have limited income and resources 
• You are a U.S. citizen or qualifying noncitizen 

You may also need to meet additional eligibility requirements to qualify for SSDI or SSI in Virginia. For help determining whether you qualify for SSD benefits, contact Lawrence, Smith & Gardner today.

Applying for SSD Benefits: How the Process Works

Filing for and receiving Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits can be a lengthy and frustrating process. At Lawrence, Smith & Gardner, we find it helpful to describe the different steps of the process to our clients so that they feel more comfortable and have ample opportunity to ask questions.

Overall, the Social Security Disability process follows three general stages:

• Initial Application: Individuals can submit a paper application or apply online. Typically, an online application will get a quicker decision, but the process usually takes between three to five months. 
• Reconsideration: Unfortunately, most initial SSD applications are denied. People can file for reconsideration within 60 days of the initial denial to have their case examined again. This step in the process usually takes between two to three months. Again, most individuals can file for reconsideration online.
• File For Hearing: Individuals who have had their request for reconsideration denied can file for a hearing before an administrative law judge (ALJ). You must file a request for an ALJ hearing within 60 days of receiving notice that your request for reconsideration was denied. Unfortunately, it takes approximately one year for a hearing to be scheduled. 

Generally, an attorney is most useful after your initial application has been denied. If you have filed for benefits and reconsideration on your own and have been denied, it is wise to schedule a consultation with an experienced Virginia attorney. We can examine your paperwork and provide advice regarding your best course of action and what can be done to strengthen your case. At the hearing, we can present the ALJ with medical records and oral testimony.