disabled elderly woman

SSDI and Caregiver Benefits: Support for Families of Disabled Workers

When someone qualifies for Social Security Disability Insurance (SSDI), it’s not just the disabled individual who may be eligible for benefits—often, their family members can receive additional support through SSDI’s family benefits. For families who rely on a single income or face financial difficulties due to a loved one’s disability, these benefits can be life-changing.

In this blog, we will discuss the various benefits available to family members of SSDI recipients, including spousal and dependent benefits, and how caregivers can access support to provide ongoing care.

Who Is Eligible for SSDI Family Benefits?

The SSA recognizes that a disability can impact an entire household, not just the individual with the disability. Because of this, certain family members may qualify for additional SSDI payments. These benefits can provide financial relief for spouses, children, and other dependents who rely on the disabled person’s income.

Eligible Family Members Include:

  • Spouses: A spouse can qualify for benefits if they are age 62 or older or if they are caring for the disabled worker’s child who is under age 16 or disabled.
  • Children: Biological, adopted, and stepchildren of the disabled worker can receive benefits if they are under age 18 (or up to age 19 if still in high school).
  • Disabled Adult Children: Adult children who became disabled before age 22 may qualify for benefits based on their parent’s SSDI if they are unable to work.
  • Ex-Spouses: In some cases, ex-spouses may be eligible for benefits if they were married to the disabled individual for at least 10 years and meet other specific criteria.

Example:
A woman who receives SSDI for multiple sclerosis can qualify her spouse for additional benefits if he is over 62 or caring for their disabled child. Additionally, their minor children may also receive dependent benefits to help with educational or living expenses.

How Much Can Family Members Receive?

The amount family members can receive through SSDI depends on the disabled worker’s benefit amount. Typically, family members can receive up to 50% of the disabled worker’s monthly benefit.

  • Family Maximum Benefits: While each eligible family member may receive up to 50% of the SSDI recipient’s benefit, there is a cap on total family benefits, known as the family maximum. Generally, this is between 150% and 180% of the disabled worker’s SSDI amount.
  • Dependent Benefits: If multiple family members (such as a spouse and two children) are eligible for benefits, their payments may be adjusted so that the total family benefit stays within the family maximum limit.

Example:
If an SSDI recipient receives $2,000 per month, their spouse and one child could receive an additional $1,000 each, but the total family benefits cannot exceed $3,600 to $4,000, depending on the family maximum limit.

Caregiver Support: How SSDI Can Help Those Providing Care

For families who have a disabled member, caregiving responsibilities often fall on a spouse, parent, or other loved one. While SSDI itself doesn’t offer direct payments to caregivers, it can provide financial stability that helps ease the burden of caregiving.

1. Benefits for Spouses Providing Care

If you are the spouse of an SSDI recipient and are caring for your disabled spouse or their child under age 16, you may be eligible for additional benefits. These benefits can be particularly helpful if caregiving responsibilities prevent you from working full-time or limit your ability to earn an income.

  • Spousal Benefits for Caregivers: As long as you are married to an SSDI recipient and meet the age or caregiving requirements, you may qualify for benefits that help offset the financial impact of caregiving.

Example:
A man caring for his wife, who receives SSDI for a traumatic brain injury, may be eligible for spousal benefits if they have a minor child at home. This financial support can help cover living expenses, allowing him to focus on caregiving without needing to work full-time.

2. Benefits for Disabled Adult Children

If you are caring for an adult child with disabilities, SSDI benefits can extend beyond their 18th birthday, provided their disability began before age 22. In this case, the disabled adult child may qualify for SSDI based on their parent’s earnings record.

  • Disabled Adult Child Benefits: These benefits can provide financial stability to adult children who are unable to work due to a disability. Additionally, if you are the primary caregiver, the financial support may allow you to dedicate more time to caregiving.

Example:
A mother caring for her 25-year-old son with cerebral palsy may be able to claim SSDI benefits on her work record if her son became disabled before age 22. This helps cover caregiving expenses and provides financial assistance for her son’s living costs.

How to Apply for SSDI Family Benefits

Applying for family benefits under SSDI is relatively straightforward, but it’s important to ensure that you provide all the necessary documentation and meet the eligibility criteria.

Steps to Apply for SSDI Family Benefits:

  1. Gather Documentation: You will need to provide proof of your relationship to the SSDI recipient (such as marriage certificates or birth certificates) as well as their SSDI award letter.
  2. Apply Online or at Your Local SSA Office: You can apply for family benefits online through the SSA’s website or by visiting your local SSA office. If you are applying for benefits for a minor or disabled adult child, be prepared to provide medical evidence of their disability.
  3. Understand the Family Maximum: Be aware that if multiple family members are eligible for benefits, the total family benefit may be adjusted to stay within the family maximum limit.

Example:
A spouse applying for benefits for herself and her two minor children will need to provide the disabled worker’s SSDI award letter, marriage certificate, and the children’s birth certificates. If the children are over age 16 and disabled, medical documentation proving their disabilities will also be required.

Special Considerations for Caregivers of SSDI Recipients

While caregivers don’t receive direct compensation through SSDI, there are several options for those providing care to loved ones:

  • Medicare Eligibility: SSDI recipients are automatically enrolled in Medicare after 24 months of benefits. Caregivers may be eligible to assist their loved one in managing their healthcare needs through Medicare services, such as home health care.
  • State Programs for Caregivers: Many states offer programs that provide financial support or respite care for caregivers. These programs vary by state, but they can offer much-needed relief for caregivers who provide daily care to SSDI recipients.

Example:
A caregiver in Michigan may qualify for financial support through the state’s respite care program, allowing them to take breaks from caregiving duties while their loved one receives temporary care services.

We Can Help You Access SSDI Family and Caregiver Benefits

If you’re caring for a loved one who receives SSDI, you may be eligible for additional benefits that can ease the financial strain on your family. At Disability Law Group, we specialize in helping families navigate the SSDI process and secure the benefits they deserve.

Whether you’re applying for spousal or dependent benefits, or seeking support as a caregiver, we’re here to guide you every step of the way. Contact us today for a free consultation and let us help you access the benefits that support your family’s needs.

disabled for veterans

SSDI for Veterans: How Military Service Impacts Disability Claims

Veterans often face unique challenges when applying for Social Security Disability Insurance (SSDI) benefits. Many veterans suffer from both physical and mental health conditions related to their military service, which can affect their ability to work and lead them to seek SSDI. Understanding the SSDI process as a veteran is critical, as there are certain considerations and interactions between Veterans Affairs (VA) benefits and SSDI that can significantly impact your claim.

In this blog, we’ll explore how military service and veteran status can influence your SSDI application, how VA disability ratings can support your claim, and what steps you can take to ensure your SSDI benefits are approved.

SSDI vs. VA Disability: Understanding the Differences

One of the most common questions veterans have is how SSDI and VA disability benefits differ, and whether it’s possible to receive both types of benefits simultaneously.

  • SSDI (Social Security Disability Insurance): SSDI is a federal program that provides benefits to individuals who cannot work due to a disabling condition that has lasted or is expected to last at least 12 months. To qualify for SSDI, you must have paid into Social Security through employment and meet the required work credit thresholds.
  • VA Disability Benefits: VA disability compensation is available to veterans who have a service-connected injury or illness. Unlike SSDI, you don’t need to prove that you’re unable to work entirely; instead, you must show that your condition was caused or aggravated by your military service.

Key Difference:

The biggest difference between SSDI and VA disability benefits is the eligibility standard. SSDI requires that you be totally disabled and unable to work at Substantial Gainful Activity (SGA) levels, while VA disability allows partial disability ratings, meaning you can receive compensation even if you’re only partially disabled.

Example:
A veteran with a 70% VA disability rating for PTSD may still be able to work part-time or perform certain jobs. However, to qualify for SSDI, they must show that their PTSD (along with any other service-related or non-service-related conditions) prevents them from performing substantial gainful activity.

How VA Disability Ratings Can Help Your SSDI Claim

One of the most powerful tools veterans have when applying for SSDI is their VA disability rating. While the SSA and the VA have different standards for determining disability, a high VA disability rating can strengthen your SSDI claim.

  • VA 100% Disability Rating: If you have a 100% Permanent and Total (P&T) VA disability rating, it significantly increases the likelihood that the SSA will approve your SSDI claim. This is because the VA has already determined that you are fully disabled and unable to work.
  • Lower VA Disability Ratings: Even if you don’t have a 100% VA disability rating, a high rating (such as 70% or above) can still provide strong support for your SSDI claim, especially if your conditions impact your ability to work full-time.

Example:
A veteran with a 90% VA rating for back pain, PTSD, and hearing loss can use their VA medical records and evaluations to demonstrate to the SSA how these conditions collectively prevent them from maintaining substantial gainful employment.

How to Strengthen Your SSDI Claim as a Veteran

Veterans applying for SSDI should take certain steps to ensure their claim is as strong as possible. Here are key strategies to increase your chances of approval:

1. Provide Comprehensive Medical Records

Medical records from both VA doctors and private healthcare providers are essential for your SSDI claim. The SSA will want to see detailed documentation of how your physical and mental health conditions impact your daily functioning and ability to work.

  • VA Medical Records: Request and submit all relevant VA medical records that document your service-connected conditions.
  • Private Medical Records: If you’re receiving treatment from private doctors, include these records as well, particularly if they address conditions not covered by your VA disability rating.

Example:
A veteran receiving SSDI for chronic migraines may have VA records that document their migraines as a service-connected condition. However, if they also receive treatment from a neurologist outside the VA system, submitting those records will provide additional evidence to support their claim.

2. Use Your VA Disability Determination

While the SSA is not bound by the VA’s disability determination, the SSA often gives weight to a veteran’s VA disability rating. If you have a 100% VA disability rating, be sure to emphasize this in your SSDI application.

  • Provide Your VA Disability Rating Letter: Include a copy of your VA rating decision and any supporting documentation, such as nexus letters or medical evaluations.
  • Show the Cumulative Impact: If you have multiple service-connected conditions, explain how these conditions collectively prevent you from working. Even if one condition alone might not be enough to qualify for SSDI, the combined effect could render you unable to maintain gainful employment.

Example:
A veteran with a 60% VA disability rating for PTSD and a 40% rating for back injuries should present how these combined conditions affect their physical and mental capacity to work in any job environment.

3. Explain How Your Military Service Impacts Your Ability to Work

The SSA will review your Residual Functional Capacity (RFC) to determine what types of work, if any, you can still perform. Veterans should explain in detail how their military service contributed to their disabling condition and why it prevents them from performing work.

  • Physical Limitations: Many veterans have physical conditions related to their service, such as musculoskeletal injuries, chronic pain, or hearing loss, that limit their ability to perform physical tasks.
  • Mental Health Conditions: Conditions like PTSD, anxiety, and depression are common among veterans and can severely impact concentration, memory, and social interactions—all of which are critical in a work environment.

Example:
A veteran who served as a vehicle mechanic and now suffers from degenerative disc disease due to years of heavy lifting can explain how their military duties directly led to their current inability to perform physical labor.

Common Conditions That Qualify Veterans for SSDI

While veterans may suffer from a wide range of conditions, some of the most common disabilities that qualify for both VA compensation and SSDI include:

  • Post-Traumatic Stress Disorder (PTSD): Symptoms such as flashbacks, hypervigilance, and avoidance behaviors can make it difficult for veterans to maintain employment, particularly in high-stress environments.
  • Chronic Pain and Musculoskeletal Injuries: Many veterans experience chronic pain from service-related injuries, such as back pain, joint problems, or arthritis.
  • Traumatic Brain Injury (TBI): TBI can lead to memory loss, cognitive impairments, and emotional changes that interfere with a veteran’s ability to work.
  • Hearing Loss and Tinnitus: Veterans exposed to loud noises during service may suffer from hearing loss or tinnitus, which can make communication and focus difficult in a work environment.

Example:
A veteran who was deployed multiple times and now suffers from both PTSD and a traumatic brain injury may struggle with memory, concentration, and controlling their emotions, making it impossible to hold down a job that requires focus or interaction with others.

Can You Receive Both VA Disability and SSDI?

Yes, veterans can receive both VA disability compensation and SSDI benefits at the same time. These benefits are not offset by each other, which means you can receive full payments from both programs if you qualify.

  • No Offset: Your VA disability benefits will not be reduced if you are approved for SSDI, and vice versa. However, the SSA will evaluate non-service-connected conditions separately when determining your eligibility for SSDI.
  • Concurrent Benefits: Many veterans rely on both SSDI and VA disability benefits to meet their financial needs, especially when their conditions prevent them from returning to work altogether.

Let Disability Law Group Help You Get the Benefits You Deserve

If you’re a veteran struggling to work due to a service-related or non-service-related condition, you may be eligible for SSDI in addition to your VA benefits. Navigating the SSDI process as a veteran can be complex, but Disability Law Group is here to help.

Our experienced attorneys understand the unique challenges veterans face and can help you present the strongest possible case for SSDI. Contact us today for a free consultation, and let us help you secure the benefits you’ve earned through your service.

Medical evidence in SSDI claims

The Role of Medical Evidence in SSDI Claims: How to Build a Strong Case

When applying for Social Security Disability Insurance (SSDI), the single most important factor in winning your claim is the quality and thoroughness of your medical evidence. The Social Security Administration (SSA) relies heavily on medical records to determine whether you meet the criteria for disability benefits. Without strong evidence, even valid claims may be denied.

In this blog, we’ll explain the critical role that medical evidence plays in SSDI claims, what types of documentation you need to submit, and how to build the strongest possible case to improve your chances of approval.

Why Is Medical Evidence So Important?

Medical evidence is the foundation of your SSDI claim. It provides the SSA with the information they need to verify the severity of your condition, the treatments you’ve undergone, and how your disability impacts your ability to work.

When you apply for SSDI, the SSA reviews your medical evidence to determine whether your condition meets their definition of a disability. To qualify for benefits, your condition must:

  • Prevent you from engaging in substantial gainful activity (SGA) for at least 12 months or be expected to result in death.
  • Be supported by objective medical evidence, such as test results, doctor’s reports, and treatment notes.

Example:
A claimant with chronic back pain cannot simply state that they experience pain. They must provide medical records, such as MRIs or X-rays, showing degenerative disc disease, along with notes from a physician detailing how the pain limits their ability to stand, walk, or lift objects at work.

Types of Medical Evidence Needed for an SSDI Claim

The SSA requires a wide range of medical evidence to thoroughly evaluate your claim. Below are the essential types of evidence that should be included in every SSDI application:

1. Doctor’s Reports

One of the most important pieces of evidence is a detailed report from your treating physician (also known as the treating source). This report should include:

  • Diagnosis: The specific medical condition you have been diagnosed with.
  • Prognosis: The expected progression or outcome of your condition.
  • Functional Limitations: A detailed explanation of how your condition limits your ability to perform work-related activities, such as sitting, standing, walking, or concentrating.

Example:
A claimant with rheumatoid arthritis may include a report from their rheumatologist that outlines their diagnosis, documents swelling and joint damage, and describes how the pain and stiffness prevent them from performing tasks like typing or standing for long periods.

2. Test Results and Imaging Studies

Objective evidence, such as test results or imaging studies, can strengthen your SSDI claim by providing concrete proof of your condition. This may include:

  • X-rays or MRIs: To show physical damage or abnormalities, such as herniated discs or arthritis.
  • Blood Tests: To confirm diagnoses of conditions like lupus or diabetes.
  • Pulmonary Function Tests (PFTs): To measure lung capacity for respiratory issues, such as COPD.

Example:
A person applying for SSDI due to emphysema might submit results from a PFT showing reduced lung function, along with a doctor’s note explaining how this impacts their ability to breathe during physical activities or in certain environments.

3. Treatment Records

Your treatment history provides a timeline of your condition, documenting how it has developed over time and what treatments have been attempted. These records show the SSA that you are actively seeking medical care and following your doctor’s recommendations.

  • Medications: Include records of medications you’ve been prescribed and any side effects you experience that may affect your ability to work.
  • Therapies: Include physical therapy, occupational therapy, or any other treatments you’ve undergone.
  • Surgeries or Procedures: Document any surgeries or medical interventions you’ve had and their outcomes.

Example:
A claimant with depression may submit a list of antidepressant medications they’ve tried, records of psychotherapy sessions, and notes from their psychiatrist documenting how these treatments have been ineffective or only partially effective in managing symptoms.

4. Function Reports

The SSA may ask you or your doctor to complete a Residual Functional Capacity (RFC) form, which assesses your ability to perform work-related tasks in light of your medical condition. This form provides critical insight into how your disability impacts your daily life and ability to work.

  • Physical RFC: Evaluates your ability to perform physical tasks such as lifting, standing, or walking.
  • Mental RFC: Evaluates your ability to perform tasks that require memory, concentration, or social interaction.

Example:
A claimant with severe anxiety may have a mental RFC completed by their psychologist, indicating that they are unable to interact with coworkers or supervisors without experiencing panic attacks, thereby limiting their ability to work in any team environment.

Common Mistakes to Avoid When Submitting Medical Evidence

It’s easy to make mistakes when compiling medical evidence, and these errors can lead to delays or denials. Here are some common pitfalls to avoid:

  • Incomplete Records: Ensure that all medical records are current and comprehensive. Missing records or incomplete treatment histories can raise red flags for the SSA.
  • Failure to Document Symptoms: Simply listing your diagnosis is not enough. You must provide detailed documentation of how your symptoms affect your ability to work.
  • Overlooking Mental Health Conditions: If you have a physical condition that is accompanied by anxiety, depression, or other mental health issues, make sure to submit evidence of both your physical and mental impairments.

Example:
A claimant applying for SSDI due to chronic migraines may fail to submit records from their therapist treating them for anxiety and depression. By including mental health records, they strengthen their case by showing that both physical and mental symptoms contribute to their inability to work.

How to Strengthen Your SSDI Claim

Building a strong SSDI case requires not only submitting medical evidence but also ensuring that the evidence clearly shows how your condition meets the SSA’s criteria for disability. Here are steps you can take to strengthen your claim:

  • Request Detailed Reports from Your Doctors: Don’t be afraid to ask your treating physicians for detailed reports that explain your diagnosis, treatment history, and how your condition limits your ability to work.
  • Submit Evidence from Multiple Providers: If you are being treated by several specialists (e.g., a cardiologist, neurologist, or psychiatrist), include records from each one to show the full scope of your condition.
  • Keep a Symptom Journal: Documenting your daily symptoms, pain levels, and limitations can provide valuable insight into how your condition impacts your life. Share this journal with your healthcare providers to include in your medical records.

Example:
A claimant with fibromyalgia may ask both their primary care doctor and rheumatologist to submit reports that discuss their symptoms, the treatments they’ve tried, and how their condition has worsened over time. By submitting evidence from multiple sources, they build a stronger case for SSDI.

What Happens If Your SSDI Claim Is Denied?

If your SSDI claim is denied, it’s often due to insufficient or incomplete medical evidence. However, you have the right to appeal the decision, and submitting additional evidence can improve your chances of approval.

  • Request for Reconsideration: After receiving a denial, you can submit new medical evidence or ask your doctors to provide more detailed reports.
  • Hearing with an Administrative Law Judge (ALJ): If your reconsideration is denied, you can request a hearing where you (or your attorney) can present additional evidence and testimony about your condition.

Example:
A claimant with bipolar disorder may have been denied because their initial application didn’t include comprehensive treatment records. During the appeal, they could provide updated psychiatric evaluations and testimony from their doctor explaining the severity of their mood swings and how they impact their daily life.

Disability Law Group Can Help You Build a Strong SSDI Case

Navigating the SSDI application process can be overwhelming, especially when it comes to gathering the right medical evidence. At Disability Law Group, we understand the importance of detailed, comprehensive medical documentation, and we can help you build a strong case that meets the SSA’s criteria.

If you need help with your SSDI claim or appeal, contact us today for a free consultation. Let our experienced attorneys guide you through the process and secure the benefits you deserve.

Working while on SSDI

Working While on SSDI: How Much You Can Earn in 2024 and 2025 Without Losing Benefits

For many Social Security Disability Insurance (SSDI) recipients, the ability to work part-time or on a limited basis can provide financial relief and a sense of independence. However, concerns about losing benefits due to earning too much can prevent people from returning to work.

In 2024 and 2025, the Social Security Administration (SSA) allows SSDI beneficiaries to earn income up to certain limits without losing benefits. Understanding these rules is crucial if you’re considering going back to work while receiving SSDI.

In this blog, we’ll cover how much you can earn while on SSDI, how the Trial Work Period (TWP) works, and what to expect in 2025, including changes in income limits and projected adjustments.

How SSDI Allows You to Work and Keep Your Benefits

While SSDI is designed to provide financial assistance to people who are unable to work due to a disability, the SSA recognizes that some people may want or need to try working again without immediately losing their benefits. This is where the Substantial Gainful Activity (SGA) and the Trial Work Period (TWP) come into play.

Substantial Gainful Activity (SGA) in 2024 and 2025

The SSA uses the concept of Substantial Gainful Activity (SGA) to determine if a person is capable of engaging in productive work. SGA is defined by an income threshold that limits how much you can earn while still being considered disabled.

  • SGA Income Limit for 2024: In 2024, you can earn up to $1,470 per month if you are non-blind and still qualify for SSDI. For blind individuals, the limit is higher at $2,460 per month.
  • SGA Projections for 2025: Although the exact 2025 limits will be adjusted based on inflation, it’s anticipated that the limits will increase slightly. For example, the non-blind SGA limit may rise to around $1,530, while the blind SGA limit could increase to approximately $2,550.

Example:
A graphic designer who is blind and receives SSDI in 2024 can earn up to $2,460 per month. If they exceed that amount, they may no longer qualify for SSDI benefits. However, if they earn less than this threshold, they can continue receiving benefits.

Trial Work Period (TWP): Testing Your Ability to Work

The Trial Work Period (TWP) is a safety net designed for SSDI recipients who want to test their ability to return to work without the risk of losing their benefits immediately. The TWP allows you to work for nine months (within a rolling 60-month period) while still receiving your SSDI benefits, regardless of how much you earn during those months.

  • TWP Income Limit for 2024: In 2024, any month in which you earn more than $1,050 is considered a trial work month.
  • How It Works: You can work and earn more than the SGA limit during your TWP without losing your SSDI benefits for those nine months. However, after the TWP ends, the SSA will evaluate whether your earnings exceed the SGA limit, which could result in the cessation of benefits.

Example:
A person who works part-time as a cashier and earns $1,200 per month in 2024 will trigger a trial work month. They can continue working and earning more than the SGA limit for up to nine months before their benefits are re-evaluated.

What Happens After the Trial Work Period?

After you complete your nine-month TWP, the SSA conducts a Continuing Disability Review (CDR) to determine whether you can continue working above the SGA level.

  • Extended Period of Eligibility (EPE): After your TWP, you enter a 36-month Extended Period of Eligibility (EPE). During this time, you can still receive SSDI benefits in any month your earnings fall below the SGA limit.
  • Benefits Cessation: If you earn more than the SGA limit consistently during your EPE, your benefits will be suspended. However, if your earnings fall below the SGA limit, your benefits can be reinstated without needing to reapply.

Example:
A customer service representative who earns $2,000 a month after their TWP could lose benefits after their EPE if they consistently earn above the SGA limit. If their income drops to $1,200 in a future month, their benefits could be reinstated without needing to reapply.

Projections for 2025: What Changes to Expect

Looking ahead to 2025, there are several key factors that SSDI recipients should be aware of when planning to work while on disability benefits.

  • Projected COLA Increase: Based on current inflation trends, SSDI benefits are expected to increase through a Cost-of-Living Adjustment (COLA) in 2025, similar to the 8.7% COLA in 2024. This will impact not only monthly SSDI benefit payments but also income thresholds for SGA and TWP.
  • Potential Policy Changes: Some lawmakers have proposed changes to make it easier for SSDI recipients to transition back into the workforce. This could include more flexible income limits or longer trial work periods, though no official changes have been made yet.

Example:
If COLA increases SSDI benefits by another 5% in 2025, the SGA limit for non-blind recipients could rise to approximately $1,530 per month. This would allow recipients to earn more while keeping their benefits.

How to Stay Within the Limits and Avoid Losing Your SSDI Benefits

If you want to work while receiving SSDI, it’s essential to carefully track your earnings and stay informed about income limits and TWP months. Here are some tips to help:

  • Monitor Your Earnings Monthly: Keep a close eye on your earnings to ensure they don’t exceed the SGA limit unless you’re in a trial work month.
  • Keep Detailed Records: Document your hours worked, pay stubs, and communication with employers to provide accurate information if requested by the SSA.
  • Consult with a Disability Attorney: If you’re unsure about how much you can earn or how working might impact your SSDI benefits, consult with a disability attorney. They can guide you through the rules and help you navigate the TWP and EPE periods.

Example:
A warehouse worker who wants to return to part-time work can benefit from legal guidance to ensure they understand the TWP and EPE limits. This helps them avoid unintentionally exceeding the SGA limit and losing their benefits too soon.

Conclusion: Disability Law Group Can Help You Navigate Working While on SSDI

If you’re considering going back to work while receiving SSDI benefits, you don’t have to navigate the process alone. The rules can be complex, and one mistake could jeopardize your benefits. At Disability Law Group, we have the expertise to help you understand how much you can earn, when to use your Trial Work Period, and how to protect your benefits long-term.

Contact us today for a free consultation, and let us help you work while keeping the SSDI benefits you rely on.

SSDI Benefits for long Covid

SSDI Benefits for Long COVID: What You Need to Know

Since the COVID-19 pandemic began, millions of people have struggled with lingering symptoms long after their initial recovery. This condition, known as Long COVID or post-acute sequelae of SARS-CoV-2 infection (PASC), can leave individuals unable to work for months—or even years. As a result, many are turning to Social Security Disability Insurance (SSDI) for financial relief.

In this blog, we’ll explore how to qualify for SSDI with Long COVID, the challenges claimants may face, and how to build a strong case. If you or a loved one is dealing with Long COVID, understanding the SSDI process can help you get the benefits you need.

What Is Long COVID?

Long COVID refers to a range of symptoms that persist for weeks, months, or even years after the initial COVID-19 infection. These symptoms can significantly impair a person’s ability to function in daily life or perform work-related tasks. Common symptoms include:

  • Fatigue: Persistent tiredness that doesn’t improve with rest.
  • Cognitive Impairments (“Brain Fog”): Difficulty concentrating, memory lapses, or confusion.
  • Shortness of Breath: Ongoing respiratory problems even after the infection clears.
  • Chest Pain and Heart Palpitations: Symptoms that can affect physical activity and exertion.
  • Joint and Muscle Pain: Chronic pain or stiffness that can make physical tasks difficult.

Example:
A teacher who contracted COVID-19 may continue to experience severe fatigue, brain fog, and respiratory problems long after the infection. These symptoms prevent them from maintaining the focus, stamina, and energy required to manage a classroom, thus impacting their ability to return to work.

How to Qualify for SSDI with Long COVID

Qualifying for SSDI requires that your condition meets the Social Security Administration’s (SSA) definition of a disability. To be eligible, you must:

  • Have a condition that prevents you from engaging in substantial gainful activity (SGA). In 2024, the SGA threshold is $1,470 per month. If you are earning more than this amount, you likely will not qualify for SSDI.
  • Show that your condition has lasted, or is expected to last, at least 12 months. Long COVID can be unpredictable, but if your symptoms have persisted for a year or more, you may meet this criterion.
  • Have enough work credits. Generally, you need 40 work credits (with 20 earned in the last 10 years) to qualify, though younger workers may need fewer credits.

Example:
A healthcare worker who contracted COVID-19 in 2020 and has been unable to return to work since may have accumulated enough work credits to qualify for SSDI. If their symptoms have persisted beyond 12 months, they could be eligible for benefits.

What Medical Evidence Do You Need?

When applying for SSDI with Long COVID, medical evidence is critical. Because the symptoms of Long COVID can vary widely and affect multiple systems in the body, it’s important to provide comprehensive documentation that outlines how the condition affects your ability to work.

Key Medical Evidence for Long COVID SSDI Claims:

  • Doctor’s Reports: Detailed evaluations from your primary care physician, specialists, and any other healthcare providers treating your Long COVID symptoms.
  • Lab Tests and Imaging: While there’s no specific test for Long COVID, results that show lingering effects on your lungs, heart, or other organs can support your claim.
  • Symptom Tracking: Keeping a daily journal of your symptoms, their severity, and how they impact your daily activities can provide additional support.
  • Mental Health Records: If you experience cognitive or mental health symptoms like anxiety, depression, or brain fog, be sure to include records from therapists or psychiatrists.

Example:
A claimant with Long COVID may have medical records from their pulmonologist detailing ongoing shortness of breath, chest X-rays showing lung damage, and notes from their neurologist on cognitive impairments. These pieces of evidence collectively demonstrate the disabling nature of their condition.

The Challenges of Proving Long COVID as a Disability

One of the biggest challenges for Long COVID claimants is that the SSA has not yet created a specific listing for the condition in its Blue Book of qualifying impairments. This means you must show that your symptoms are severe enough to qualify under existing conditions or demonstrate that you are unable to perform any type of work due to your symptoms.

Tips for Strengthening Your SSDI Claim for Long COVID:

  • Link Your Symptoms to a Listed Condition: If your Long COVID symptoms align with an existing impairment in the SSA’s Blue Book—such as chronic fatigue syndrome, respiratory issues, or cardiovascular impairments—you may be able to qualify under those listings.
  • Provide Detailed Descriptions of Functional Limitations: Explain how Long COVID limits your ability to perform specific work tasks, such as lifting objects, concentrating for extended periods, or standing for long shifts.
  • Show the Long-Term Nature of Your Condition: Many people recover from COVID-19 after a few weeks, so the SSA may question whether your symptoms are truly long-term. Medical records documenting ongoing treatment and lack of improvement over time are essential.

Example:
A claimant who experiences debilitating fatigue and cognitive impairments due to Long COVID might qualify under the listing for chronic fatigue syndrome or neurocognitive disorders if their symptoms match those criteria.

Changes to SSDI for Long COVID in 2024 and Beyond

As awareness of Long COVID grows, the SSA may update its policies to better address this condition. Some key changes or considerations for 2024 and beyond include:

  • Increased Awareness Among Medical Providers: Doctors and specialists are becoming more familiar with Long COVID, which means more accurate diagnoses and treatment plans that can support your SSDI claim.
  • Potential Blue Book Updates: It’s possible that the SSA will eventually create a specific listing for Long COVID or adjust existing listings to better accommodate the condition.
  • Greater Emphasis on Functional Limitations: The SSA may place more weight on functional capacity evaluations, which assess your ability to perform basic work tasks, regardless of your diagnosis.

What to Do If Your SSDI Claim for Long COVID Is Denied

If your initial application for SSDI is denied, don’t panic. Many claims—especially those for new or evolving conditions like Long COVID—are denied on the first try. The key is to appeal the decision and provide additional evidence to strengthen your case.

  • File a Request for Reconsideration: This is the first step in the appeals process. You can submit more medical records, updated test results, or letters from your healthcare providers to support your claim.
  • Request a Hearing with an Administrative Law Judge (ALJ): If your reconsideration is denied, the next step is a hearing before an ALJ, where you can present your case and provide testimony about how Long COVID affects your daily life.

Example:
A claimant who was denied SSDI for Long COVID may request reconsideration and submit additional documentation from their doctor showing that their symptoms have worsened over time, preventing them from returning to their previous job.

We Can Help You Get the Benefits You Deserve

If Long COVID has left you unable to work, you may be eligible for SSDI benefits. However, proving your case can be challenging without the right evidence and guidance. At Disability Law Group, we understand the complexities of Long COVID and how it affects your ability to earn a living.

Our team of experienced attorneys is here to help you build a strong case and fight for the benefits you deserve. Contact us today for a free consultation, and let us guide you through the SSDI application or appeals process.

Social Security Disability Insurance

How SSDI Reviews Are Changing: What to Expect from Continuing Disability Reviews (CDRs)

If you are receiving Social Security Disability Insurance (SSDI) benefits, you may be required to undergo a Continuing Disability Review (CDR) at regular intervals. This review is conducted by the Social Security Administration (SSA) to ensure that you still meet the criteria for disability benefits. While this is a standard procedure, it can feel intimidating if you’re not sure what to expect.

In this blog, we’ll discuss how SSDI reviews are evolving, what changes have occurred recently, and what you can do to prepare for your next CDR. With the right information and approach, you can protect your benefits and avoid unnecessary stress.

What Is a Continuing Disability Review (CDR)?

A CDR is a periodic check conducted by the SSA to determine whether an SSDI beneficiary’s medical condition has improved and whether they still meet the SSA’s definition of disability.

  • Frequency of CDRs: The SSA determines how often you will undergo a CDR based on the severity of your condition and the likelihood of improvement. There are generally three categories:
    • Medical Improvement Expected: Reviewed every 6 to 18 months.
    • Medical Improvement Possible: Reviewed every 3 years.
    • Medical Improvement Not Expected: Reviewed every 5 to 7 years.

Example:
A person receiving SSDI for a temporary physical injury, such as a back surgery, may be placed in the “Medical Improvement Expected” category. In contrast, someone with a chronic condition like Parkinson’s disease might be placed in the “Not Expected” category and reviewed less frequently.

How SSDI Reviews Are Changing in 2024

In recent years, the SSA has made some changes to the CDR process, reflecting both technological improvements and policy updates.

Key Changes in 2024:

  • Increased Use of Electronic Records: The SSA now relies more heavily on electronic medical records and databases, which means your healthcare providers may be contacted directly for updated records.
  • Faster Processing: With improved systems in place, CDRs may be processed more quickly, meaning beneficiaries will receive decisions sooner. However, this also means it’s crucial to provide all the necessary information right away.
  • Focus on Mental Health Conditions: The SSA is paying more attention to claimants with mental health conditions, particularly in light of how mental health can fluctuate over time. Reviews may focus on whether conditions like PTSD, anxiety, or depression have improved with treatment.

What to Expect During a CDR

The CDR process typically begins when the SSA sends you a Disability Update Report or a Continuing Disability Review Report. These forms will ask for updated information about your medical condition, treatment, and ability to work.

Steps in the CDR Process:

  1. Complete the Form: The SSA will send you a form to complete, either the shorter Disability Update Report (Form SSA-455) or the more comprehensive Continuing Disability Review Report (Form SSA-454). Be sure to fill out all sections thoroughly and accurately.
  2. Submit Medical Records: You may be asked to provide updated medical records, including notes from your doctors, recent test results, and information about any treatments or therapies you’ve undergone since your last review.
  3. SSA Review: The SSA will review your responses and any medical evidence you provide. If they believe your condition has improved, they may request more information or schedule a consultative examination.

Example:
A person receiving SSDI for chronic heart failure may be asked to submit recent cardiac tests and notes from their cardiologist. If the medical evidence shows no improvement or worsening symptoms, their benefits will likely continue.

What Happens if the SSA Believes You Have Improved?

If the SSA determines that your medical condition has improved to the point where you can return to work, they may stop your benefits. However, you have the right to appeal this decision.

  • Request for Reconsideration: You have 60 days to request a reconsideration if your benefits are terminated. During this time, you can submit additional medical evidence or request a hearing before an Administrative Law Judge (ALJ).
  • Continue Receiving Benefits During Appeal: If you file for reconsideration within 10 days of receiving your cessation notice, you can continue receiving benefits while your appeal is being processed.

Example:
A claimant who receives SSDI due to lupus may undergo a CDR that concludes their condition has improved. If they believe this decision is incorrect, they can file an appeal and provide updated medical evidence showing their symptoms have not improved or have worsened.

How to Prepare for a CDR

Preparing for a CDR is crucial, especially if your condition has not improved or has worsened over time. Here are some key steps to take:

  • Keep Detailed Medical Records: Make sure you continue visiting your doctors regularly and keep a detailed record of your treatment, medications, and any changes in your condition.
  • Document Your Symptoms: Keep a personal journal that tracks your daily symptoms, including pain levels, physical limitations, and mental health issues. This can help demonstrate how your condition continues to impact your daily life.
  • Submit Comprehensive Evidence: Provide as much medical evidence as possible. This includes recent lab tests, doctor’s notes, hospital visits, physical therapy records, and any other relevant medical documentation.

Example:
A claimant receiving SSDI for severe arthritis should ensure that all medical records—including X-rays, physical therapy notes, and doctor’s evaluations—are up to date and submitted promptly to avoid any delays or gaps in their case review.

What to Do If You Receive a Cessation Notice

If you receive a cessation notice (a notice that your benefits will be stopped), it’s essential to act quickly.

  • File an Appeal Promptly: Remember, you have only 60 days to file an appeal. If you act within 10 days, you can continue to receive your benefits during the appeal process.
  • Gather Additional Medical Evidence: Ask your doctors for any recent test results or updated evaluations that may support your case.
  • Seek Legal Assistance: The appeals process can be complicated, especially if you’ve already been through a CDR. An experienced attorney can help guide you through the process, gather necessary evidence, and represent you at your hearing.

How Disability Law Group Can Help with CDR

If you’re worried about an upcoming CDR or have received a cessation notice, don’t face it alone. At Disability Law Group, we have extensive experience helping clients navigate the SSDI review process. Whether you need help preparing your CDR paperwork or appealing a cessation notice, we are here to protect your benefits.

Contact us today for a free consultation, and let us help you continue receiving the disability benefits you rely on.

Mental Health and SSDI: How Depression and Anxiety Can Qualify You for Disability Benefits

Mental health conditions such as depression and anxiety can be as debilitating as physical ailments, but applying for Social Security Disability Insurance (SSDI) for these conditions often presents unique challenges. Many applicants find it difficult to prove how their mental health affects their ability to work, which can lead to frustration and denials.

In this blog, we’ll explore how depression, anxiety, and other mental health conditions qualify for SSDI, what evidence is needed to build a strong case, and how to navigate the application process successfully.

Qualifying for SSDI with Depression and Anxiety

Social Security defines a disability as a condition that prevents you from engaging in substantial gainful activity (SGA) for at least 12 months. For mental health conditions like depression and anxiety, the key to qualifying lies in how your symptoms affect your ability to function at work and in daily life.

Common Symptoms of Depression and Anxiety That Can Lead to SSDI Approval:

  • Inability to Concentrate: If your depression or anxiety prevents you from focusing on tasks, completing work assignments, or following instructions.
  • Absenteeism: Severe mental health conditions can lead to excessive absenteeism due to anxiety attacks, depressive episodes, or the need for regular therapy.
  • Inability to Interact with Others: Social anxiety and depression may cause difficulties in communicating with coworkers or supervisors, leading to conflicts or an inability to perform job duties.

Example:
Consider a retail worker who was diagnosed with generalized anxiety disorder (GAD). Despite regular therapy and medication, they find it impossible to interact with customers due to panic attacks. As a result, they have been missing work frequently. If this continues for more than a year, this individual may be eligible for SSDI due to the debilitating effects of their anxiety.

What Medical Evidence Is Needed to Prove Your Claim?

Mental health claims can be more difficult to prove because there is no simple diagnostic test, like an MRI or blood test, to show the extent of your condition. However, with the right documentation and evidence, it’s possible to build a strong case.

Essential Medical Documentation for Mental Health SSDI Claims:

  • Psychiatric or Psychological Evaluations: A detailed report from your psychiatrist or therapist is critical. This should include your diagnosis, treatment history, medications, and how your condition affects your ability to work.
  • Medical Treatment Records: Document your visits to therapists, psychiatrists, and primary care physicians. Showing a history of consistent treatment supports your claim.
  • Global Assessment of Functioning (GAF) Scores: Some mental health providers use a GAF score to indicate the severity of your condition. A lower score reflects a more severe impairment.

Example:
A person with major depressive disorder (MDD) who has been attending therapy and taking prescribed antidepressants for two years may present records showing regular therapy sessions, changes in medication, and detailed notes from their psychiatrist explaining how the condition prevents them from working full-time.

Specific Mental Health Listings for SSDI

The Social Security Administration (SSA) has a Blue Book that lists specific conditions that automatically qualify for disability if certain criteria are met. For mental health, these include:

  • Listing 12.04 – Depressive, Bipolar, and Related Disorders: To qualify under this listing, you must show that your condition causes severe limitations in at least two areas such as:
    • Understanding and applying information.
    • Interacting with others.
    • Concentrating, persisting, or maintaining pace.
    • Adapting or managing oneself.
  • Listing 12.06 – Anxiety and Obsessive-Compulsive Disorders: Severe anxiety or OCD must limit your ability to perform daily tasks or work-related functions. Symptoms like panic attacks, recurrent obsessions, or extreme avoidance behaviors can qualify.

Example:
A claimant with obsessive-compulsive disorder (OCD) who has intrusive thoughts that cause significant distress, impacting their ability to leave the house or focus on tasks, may qualify under Listing 12.06 if they have consistent medical evidence of their condition’s impact on daily functioning.

How to Strengthen Your SSDI Claim for Mental Health Conditions

Because mental health claims can be more subjective, it’s essential to present your case as thoroughly as possible. Here’s how you can improve your chances of approval:

  • Detailed Testimonies: Ask your psychiatrist or therapist to write a comprehensive report on your condition. They should detail how it affects your ability to work, interact with others, and perform daily tasks.
  • Personal Journals or Logs: Keeping a journal of your daily struggles with depression or anxiety can provide additional evidence of how your condition impacts your life. Include notes about days when you couldn’t leave your home, attend appointments, or complete routine activities.
  • Functional Capacity Evaluation: In some cases, a doctor may perform a functional capacity evaluation (FCE) to assess how your condition limits your ability to perform work-related activities. This can be especially helpful if you’ve been denied based on SSA’s belief that you can still work.

Example:
A claimant with social anxiety disorder might ask their therapist to explain how they struggle with speaking to coworkers, making it impossible to function in a traditional office environment. This could be supported with a daily log noting panic attacks and missed workdays.

How the SSA Evaluates Mental Health SSDI Claims

When evaluating mental health claims, the SSA looks closely at your Residual Functional Capacity (RFC). This assessment considers what level of work, if any, you’re still capable of performing despite your mental health condition.

  • Mild to Moderate Impairment: You may be able to perform some simple, repetitive tasks.
  • Marked or Extreme Impairment: If your mental health condition severely limits your ability to perform any type of work, you’re more likely to qualify for SSDI.

The SSA may also ask for an Independent Consultative Exam (CE) to get an unbiased opinion on your mental health. It’s important to attend this exam, but make sure you’re prepared to discuss how your condition impacts your life.

Appeals Process for Mental Health SSDI Claims

If your claim is denied, don’t be discouraged. Mental health claims are often denied initially because the SSA doesn’t always receive complete medical evidence. Appealing your claim can give you another chance to submit stronger documentation.

  • Request for Reconsideration: You have 60 days to file a request after receiving a denial. Submit any additional evidence, such as updated therapy records or statements from doctors.
  • Hearing with an Administrative Law Judge (ALJ): If your reconsideration is denied, you can request a hearing before an ALJ. This is where many mental health cases are won, especially with proper representation and testimony from your healthcare providers.

Example:
A claimant with PTSD who was denied initially may appeal and provide more comprehensive psychiatric evaluations and testimony at the ALJ hearing, outlining how symptoms like flashbacks and avoidance behaviors have worsened.

Don’t Let Your Mental Health Keep You From Getting the Benefits You Deserve

If you’re struggling with depression, anxiety, or another mental health condition that’s keeping you from working, you may qualify for SSDI benefits. These claims can be difficult to navigate, but you don’t have to go through it alone.

At Disability Law Group, we have extensive experience helping individuals with mental health conditions get the benefits they deserve. Contact us today for a free consultation, and let us guide you through the SSDI application or appeals process.

The Disability Law Group discusses what you should do if you have been denied social security disability benefits.

How to Navigate the SSDI Appeals Process: Step-by-Step Guide to Overcoming a Denial

Receiving a denial letter for your Social Security Disability Insurance (SSDI) application can feel overwhelming and frustrating. However, the fact is, most SSDI claims are denied initially. The good news? The appeals process offers a second chance—and many denials are overturned with the right approach.

In this guide, we will walk you through the steps of the SSDI appeals process, provide key strategies to strengthen your case, and explain how working with an attorney can improve your chances of success.

Why Are SSDI Applications Denied?

To understand how to successfully appeal, it helps to know why SSDI applications are denied in the first place. Common reasons include:

  • Insufficient Medical Evidence: Your claim must be backed by solid medical records proving your disability. A doctor’s note alone is not enough; you need detailed documentation of your symptoms, treatments, and how your condition limits your ability to work.
  • Technical Errors: Many applicants fail to provide necessary documents, fill out forms correctly, or meet deadlines.
  • Failure to Meet Work Credit Requirements: To qualify for SSDI, you need a certain number of work credits, which depend on your age and work history.

Example:


Imagine a 45-year-old applicant who was denied because their medical records only included diagnosis details but not how the condition impacted their ability to perform work tasks. They would need to gather additional documentation from their physician, outlining specific limitations (e.g., lifting, standing, or concentration difficulties) before appealing.

Step 1: Request for Reconsideration

The first step in the appeals process is filing a Request for Reconsideration. This step involves a complete review of your claim by a new Social Security Administration (SSA) examiner. You typically have 60 days from receiving the denial notice to request reconsideration.

How to Strengthen Your Case at This Stage:

  • Submit Additional Medical Evidence: If your initial application was denied due to a lack of evidence, gather more detailed medical records, including test results, treatment plans, and statements from your doctors.
  • Clarify Work Limitations: If your ability to work is limited by your condition, ensure you provide specific examples of how daily activities or job duties are impacted.

Example:

If your claim for SSDI due to a back injury was denied, now is the time to obtain more detailed medical evaluations. These might include imaging results (e.g., MRIs or X-rays) and updated treatment notes from your physical therapist that demonstrate why you cannot return to work.

Step 2: Request a Hearing with an Administrative Law Judge (ALJ)

If your reconsideration is denied, don’t lose hope. The next step is to request a hearing before an Administrative Law Judge (ALJ). The ALJ is an independent judge who will review your case and hear testimony from you and potentially a vocational expert.

  • Prepare for the Hearing: This is your opportunity to explain in detail how your disability affects your ability to work. Bringing in witnesses (such as family members or healthcare providers) who can attest to your condition can help strengthen your case.
  • Vocational Expert Testimony: The ALJ may ask a vocational expert to testify about the types of jobs someone with your limitations might be able to perform. Your attorney can challenge this testimony if it doesn’t accurately reflect your situation.

Success Rates at the Hearing Level: The ALJ hearing is often the best opportunity for success. In fact, approximately 44% of applicants are approved at this stage, compared to the much lower success rate at the initial application or reconsideration levels.

Example:


A claimant who suffers from PTSD and was denied because their initial claim didn’t provide sufficient evidence of how their mental health condition affects their ability to concentrate or interact with others may benefit from the ALJ hearing. By bringing a detailed psychiatric evaluation and testimony from a mental health professional, they can paint a clearer picture of their limitations.

Step 3: Appeals Council Review

If the ALJ denies your claim, you can request a review from the Social Security Appeals Council. The council will look at whether the ALJ made any errors in their decision, but they won’t typically review the evidence in the case unless a legal mistake is found.

Important Points:

  • The council may either deny your request, send the case back to the ALJ for further review, or issue a new decision.
  • Less than 1% of cases are approved at this stage, making it more difficult to overturn a denial.

Step 4: Federal Court Appeal

If all else fails, your final option is to file a lawsuit in federal court. This is the most complex and time-consuming part of the process, but in some cases, it can lead to a favorable outcome.

  • Legal Representation Is Crucial: Appealing to federal court requires in-depth knowledge of both Social Security law and federal court procedures. Having an attorney with experience in federal cases is critical to success at this stage.

Example:


A claimant suffering from fibromyalgia, who was denied after the ALJ hearing, could take their case to federal court, arguing that the judge failed to consider all medical evidence. This might include inconsistencies in how the ALJ weighed testimony or other procedural errors.

Common Mistakes to Avoid in the SSDI Appeals Process

  • Missing Deadlines: You only have 60 days to file an appeal after each denial. Missing this deadline can result in your case being dismissed.
  • Lack of Updated Medical Evidence: Ensure your medical records are current and reflect any new treatments or worsening of symptoms since the initial application.
  • Not Seeking Legal Help: Appealing on your own can be overwhelming, and applicants represented by experienced attorneys have higher success rates.

How a Disability Attorney Can Help

Navigating the SSDI appeals process on your own can be stressful and confusing, but you don’t have to do it alone. An experienced SSDI attorney can help:

  • Gather and Submit Evidence: An attorney will ensure that all necessary documentation is collected and submitted on time, improving your chances of a favorable outcome.
  • Represent You at the Hearing: If your case goes before an ALJ, having a legal representative increases your chances of success. Attorneys know how to present your case, challenge unfavorable testimony, and make the strongest possible argument on your behalf.
  • Guide You Through Each Step: From reconsideration to federal court, an attorney will guide you through every step, making the process smoother and less stressful.

Conclusion: Don’t Face a Denial Alone—We Can Help

If your SSDI claim has been denied, you’re not alone. Most claims are denied initially, but that doesn’t mean your case is over. The appeals process offers multiple chances to secure the benefits you need—and our experienced team at Disability Law Group is ready to help.

We understand the ins and outs of the SSDI system and can help you build the strongest case possible. Contact us today for a free consultation, and let us fight for the benefits you deserve.

 

woman applying for ssd benefits in macomb county

Navigating SSDI Eligibility Requirements in 2024 and Projections for 2025

Changes in Social Security Disability Insurance (SSDI) requirements can make it difficult for individuals to know if they qualify for benefits. In 2024, new policies and rules have come into play that could impact who is eligible. For those who are preparing to apply for benefits, staying up to date on these changes—and even looking ahead to 2025—is essential.

In this blog, we will walk you through what’s changing in 2024, what we anticipate for 2025, and how you can ensure your claim is ready for success.

Understanding SSDI Work Credit Requirements for 2024

One of the most critical aspects of SSDI eligibility is accumulating enough work credits. For every year you work and pay into Social Security, you earn credits that count toward your eligibility. In 2024, the income threshold for earning work credits has slightly increased.

  • Work Credits in 2024: To earn one credit, you need to make at least $1,640 in covered earnings. You can earn up to four credits per year, so working part-time may still be enough to secure the necessary credits.
  • How Many Credits Are Needed? The number of credits you need depends on your age when you become disabled. Generally, people need at least 40 credits, 20 of which were earned in the last 10 years.

Example:


If you are 50 years old and have worked consistently for the past 10 years, earning at least $1,640 per quarter, you should have the required 40 credits. However, if you’ve had gaps in your work history due to health issues, it’s important to consult an attorney to determine if you still qualify.

Medical Listings: New Conditions Added in 2024

The Social Security Administration (SSA) updates its list of qualifying conditions periodically. For 2024, the most significant changes are found in the musculoskeletal and respiratory system listings.

  • Musculoskeletal Updates: Conditions like chronic pain, osteoarthritis, and spinal disorders may now qualify more individuals for SSDI. This change reflects the understanding that chronic pain can severely impact someone’s ability to work.
  • Respiratory Conditions: For individuals with long COVID or other respiratory ailments, updated guidelines may make it easier to qualify under these medical listings. However, comprehensive medical documentation is essential to prove your case.

Looking Ahead: What Can We Expect in 2025?

While we cannot predict every change coming in 2025, there are several key areas to watch:

  • Cost-of-Living Adjustments (COLA): As inflation continues to impact everyday costs, Social Security benefits—including SSDI—will likely see a COLA increase in 2025, just as they did in 2024, which saw an 8.7% increase.
  • Income Thresholds: The amount of money you need to earn to qualify for work credits and the maximum income you can make while still receiving SSDI benefits will likely increase slightly to adjust for inflation.
  • Policy Changes for Long COVID: By 2025, we anticipate more clear-cut guidelines for individuals suffering from long COVID. This could include updates to medical listings and clearer criteria for how long COVID impacts someone’s ability to work.

Example:


In 2024, an individual with long COVID might need extensive documentation from multiple doctors to prove the severity of their symptoms. By 2025, we may see more streamlined processes for proving long COVID disability.

How These Changes Impact Your SSDI Application

With these evolving requirements, it’s more important than ever to ensure your application is as strong as possible. The SSA looks at both your work history and medical documentation when evaluating claims, so having up-to-date records is crucial.

  • Work History: Make sure your earnings history is complete. This can be done by requesting your Social Security Statement online.
  • Medical Documentation: Ensure you have comprehensive records from your healthcare providers, particularly if you’re applying for benefits under newly added medical listings.

Example:


If you’re applying for SSDI in 2024 based on a spinal disorder, you’ll need detailed reports from your doctor outlining how your condition prevents you from working. A diagnosis alone isn’t enough—you’ll also need to provide evidence of treatment attempts, physical therapy records, and how your condition impacts daily tasks.

Steps to Take to Strengthen Your Claim

  • Review Your Earnings History: Log in to your Social Security account and review your earnings to ensure there are no gaps. This will also tell you how many work credits you have.
  • Collect Comprehensive Medical Records: Reach out to all your healthcare providers to gather detailed records of your treatment history.
  • Consult an Attorney: Given the complex changes to SSDI requirements, it’s advisable to consult with an experienced disability attorney. They can help you navigate these changes and present the strongest possible case.

With the 2024 updates and 2025 projections, SSDI eligibility requirements are evolving. These changes can be confusing, but you don’t have to go through it alone. Whether you’re applying for the first time or dealing with a denial, Disability Law Group is here to help.

Our experienced attorneys understand the new rules and can guide you through the process step-by-step. Contact us today for a free consultation, and let us help you get the benefits you deserve.

 

Case for veteran's benefits won

Case Spotlight – November 2023

Disability Law Group recently received a decision approving our client’s case for Social Security Disability (‘SSD’) benefits. He is a veteran from Troy, Michigan, currently receiving service-connected VA disability benefits, rated at 100% Permanent & Total. Due to the combination of his service-connected and non-service-connected conditions, he has been unable to work since 2009. However, like many people, he did not know that he could file for SSD benefits, and he was unsure of whether he could be eligible for VA service-connected disability benefits and also other forms of disability benefits at the same time.

He called Disability Law Group and spoke with our team, who answered all of his questions, assuring him that he can be eligible for both his service-connected VA disability benefits as well as SSD payments at the same time, without any offset between the two. However, because he waited so long to file for SSD, he would be limited as to the retroactive SSD benefits he would be entitled to under the law. Additionally, since he had not worked in roughly 15 years, he would be up against a large hurdle in the process: his work credits had expired in March of 2011. This means that in order for him to be eligible for SSD benefits at all, he would need to prove disability all the way back to that timeframe, more than a decade ago. To make matters worse, most medical facilities do not keep medical records back that far.

How a Social Security Disability Lawyer Can Help

Thankfully, Disability Law Group is known for taking on tough cases, and our track record for success despite bureaucratic red tape and the hard work required to win. We filed the SSD application on behalf of our client and helped him every step of the way, alleging disability began back in August of 2009, prior to when his work credits expired. Attorney Erika Riggs, partner at Disability Law Group, represented this client and worked with our team to ensure all medical records and supportive evidence were timely obtained and submitted. We prepared his case for a hearing scheduled for October 2023.

Prior to the hearing, Mrs. Riggs prepared a legal brief, outlining her theory for this case and how the combination of her client’s health problems following his discharge from military service should result in a finding of “disability” back to 2009. She carefully summarized the key components of his case, including his deployment to Afghanistan as a reconnaissance team sergeant, sustaining numerous injuries, primarily stemming from an enemy rocket attack which threw him back 15 feet. As a result of his service, and the TBI he sustained overseas, he continues to suffer from migraine headaches, memory loss, concentration problems, sleep problems, and Post-Traumatic Stress Disorder (PTSD). She pointed to the relevant evidence and medical research supporting her client’s symptoms and significant work-related limitations in support.

Ultimately, the Administrative Law Judge (‘ALJ’) agreed and issued a decision in just one week following the hearing! The decision found our client to be disabled as of August of 2009, before his work credits expired in 2011, resulting in more than $30,000.00 of past-due benefits, monthly payments, and immediate entitlement to Medicare. This decision was a major victory for this client in many ways, including the insurance he would now be entitled to that allowed him to see civilian doctors or receive private care, rather than limiting him to treatment at the VA.

Not Just Another Disability Attorney

Whether you have a physical, mental, or cognitive health condition, or a combination of health problems, you do not have to go through the process alone. At Disability Law Group, disability is all we do, and we will fight alongside you to help win every benefit deserved. Our Disability Attorneys are not only experts in the field of disability law, but we are also certified to handle veteran’s disability claims. At Disability Law Group, every client matters.