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How Does the Judge Decide if You are Approved for SSI or SSDI

I regularly get questions from readers of my blog and web site about SSI, SSDI and the differences between the two.  The biggest difference:  you will be eligible for SSDI if you have worked and paid Social Security taxes into the system.  Generally to be fully insured, you need to have worked and paid taxes for 5 out of the last 10 years.

If you have worked consistently for 10 years then stopped working, therefore, you “insurability” will follow you for approximately 5 years.

One of the pieces of information I always look for is my client’s “date last insured” for SSDI.   If you have not worked regularly or if there is a big gap between dates that you worked, your date last insured could be an issue.  In order to recover SSDI, your onset date has to be earlier than your date last insured.

This, by the way, is why part time work and large gaps between work attempts can create issues.  When you add a lot of zero dollar quarters into the calculation, the date last insured will get closer and closer to the present.

The amount you received from SSDI is a function of what you paid in.  If your annual earnings were in the $75,000 range your monthly SSDI benefit will be in the $2,000 + range.  If your annual earnings were in the $20,000 range you are more likely to be looking at $1,000 or $1,250 per month.

SSI, by contrast, is a welfare program that pays a statutory amount (around $670) to individuals who meet the definition of disability but who are not insured for SSDI.   The problem with SSI – household income serves to reduce the benefit, sometimes dollar for dollar.  So, if your spouse is working and earning $50,000 annually, your SSI benefit will be totally offset.

Here is a question I received from one of my readers:

my husband was recently given a fully favorable decision and is insured and eligible for ssdi. i would like to know what they use to decide whether you get ssdi or ssi considering ssi is so much less than you get ssdi automtically if you’re insured or are there other factors.

My answer: your eligibility for SSDI is solely based on your insured status.  There are some instances where you can get both.  If your SSDI benefit is low (say $500) and you are eligible for your full SSI benefit, you would get $500 from SSDI and $270 from SSI.

Also, SSDI claims are subject to a 5 month “waiting period” whereas SSI claims are not.  In some cases, you can get SSI for the 5 months, then SSDI thereafter.

60 thoughts on “How Does the Judge Decide if You are Approved for SSI or SSDI”

  1. How long I have to wait until I receive my first SSd check after the judge decisions. I had a court date for SSD 3 weeks ago, what will happen now?

    1. Dagmar, depending upon how busy your hearing office is, you may find yourself waiting between 4 to 12 weeks for the written decision from the judge. Once that is issued, your file is transferred to the payment office. If everything goes smoothly, it will take about 4 weeks for payments to be processed. However, I have seen situations where payment processing drags on for months. Once the payment center has received your file, your attorney should follow up if you don’t see payment within 30 days.

  2. How is SSDI calculated for prior years. I received a decision in May 2009 for full SSDI and it was made retroactive to 2003. Does that mean I will get one large separate check for the prior years and then a monthly check or is the monies calculated into the monthly check? So if a person is receiving $1600.00 per month in 2009, but the amount was only 987 in 2003 how is the total amount calculated?

  3. My daughters disability case status has changed from “ready to schedule” to “Pre-hearing review” how long does your claim usually stay in this status. Can they make a decision without having a hearing?

  4. I had my hearing early this month and later got the letter of unfavorable decision by the judge. It was agreed that I was in fact disabled by my chronic disease, the vocational expert confirmed that. But denied because doctor did not diagnose me till 3 months after my date of last insured had expired. My county is so far behind and this has dragged on for so long. I can’t back in time to have paper work from doctors prior to 12/2005. The diagnosis came 3/06. Those three lousy 3 months are what is keeping me from being approved. There truly isn’t any record during time of insured to prove I was disabled prior to 3/06. Of course the disease didn’t just pop up on March. There is even plenty record that majority who suffer from my disease takes 7+ yrs to get the proper diagnosis. Do I appeal? DO I start the whole lengthy process all over again? Help! I have an attorney but can’t get past the office help to talk to him.

    1. I think you should appeal – if you don’t then any new application would apply to the period of time after the unfavorable decision – I think you would “estopped” from seeking benefits for the period when you were insured. You need to insist that your lawyer pursue the appeal or refer you to another attorney (preferably an appellate specialist).

  5. I applied 3 years ago for ssi. was denied. Got a laywer this year as well and had to go for a mental examination. I got a check. Does that mean I am set? Havent seen the big check yet for back pay, just one that of 500. Also got a letter from fia saying my insurance is changed

  6. I broke my neck and filed for SSI over 10 years ago. I was denied and filed an appeal.. at that time the judge basically called me a liar and denied me ssi. I have had surgery to omit the constant pain I have been in since my accident. The surgery eliveated the pain for approximately a year. I have been on pain management since. I tried last year to see if there were any other surgeries I can get to deal with the ongoing problems I am having and was told they couldnt help me and I was to just continue pain management. I am on medicaid and have found the care I recieve is quite limited. I am considering reapplying for SSI benefits. I was wondering how far back will they go if I can get an approval this time?

    1. When I first applied for SSDI they sent me a letter stating I qualified for $783 Disability but I never got a letter from SSI Would tell me how much would that qualify me for from SSI

  7. I have applied for ssdi since Feb 2007 and for ssi at same time. I was turned down and I have an attorney and he is really mad for. I had a wreck in June 2006 and have letters from doctors stating condition I would have to live with seat belt came across right shoulder ( I was a passenger) and injured the nerve and chipped a bone on collar bone. Doctor says no operation will fix and I will have to live with pain and sometimes numbness and nerves tense and causes loss of strength and loss of movement on right side. I have had mri and ct scans along with neurological tests but results the same. Now I have breast cancer affecting the left side of body. Diagnois with DICS, had lumpetcomy and Mastecmy. In the last 5 months continously in and out of hospital Been through with appeal for ssdi and appeal hearing for ssi which approved for Medicaid. Medicaid judged ruled in my favor but SSDI says SSI the problem the SSI says SSDI is the hold up so who is correct and now due to mastecmy can not use left arm and with the extense of the right arm i lose all strength in both arms and now i have developed a tiredness, I sleep all the time, no energy, and have like a pain and shortness of breath across mid section of body, Heart doctor says shows 2 strokes which when first had wreck was not diagnosed correctly. And now all these other problems from wreck showed up, diabetes, high blood pressure, shortness of breath, angina, strokes and now Breast cancer, when does the SSDI and SSI recognise a person who is really a disabled person. Ive even tried missing some meals to see if that is what makes me so sleepy at times. I used to be energic until the wreck and now it has been all down hill for me ever since. My lawyer was very upset with the Medicaid judge and she kept asking person at Medicaid where was my papers sent in by my lawyer the person could not answer the judge so judge agreed with my lawyer that as long as I was in appeal to the SSDI that I would receive Medicaid. But I need my SSDI and my SSI. I am 62 years old now and my lawyer cannot get a response from the SSDI or the SSI offices. Can you help I would be glad to give you the information you need to help. My name is Judy Ann Peoples Love, 105 Kentucky ST, Monroe, La. 71203 Thank you Judy Love

  8. I’m on remission for breast cancer, had an elevator accident which left me without being able to bare children, then I had a hip dilocation of right leg, can’t stand or sit too long, want to work but can’t because of my condition. Would like to get disability and get rehabilitaed to work again. Please help, Depression, neorophathy on both legs, can’t eat or sleep at times. I isolate myself from normal people look out the window watching people going to work and living a normal life. Please help.

  9. judy love i agree with you completly and hope you case is taken care of. i feel the worst for you . good luck on your journey.

  10. hi i have a question i have been diagnosed with asthma,pluracy,anxiety,ptsd,depression,constocondritis i have lots and lots of hospital visits and dr visits and am on phsyc meds right now and seeing a therapist i applied for ssi in 2008
    denied twice they i just went to my hearing i feel it went well they determined i cant do my old work due to panic attacks but i have had a history of substance abuse in the past they asked about it at the hearing i told them i been clean for a year ive been waiting 3 years for my ssi my lawyer told me to keep all my answers short very short the truth is i been clean for 4 years when i initially applied for the ssi but ive had relapses so i told them a year clean because thats my last relapse and the reason i ever used was to medicate for the depression and anxiety in the first place do you think this will affect the judges decision???

    1. Jonathan, I think that substance abuse is always a problem in a Social Security case, however, if you have been honest with the judge and your medical record is consistent with your statements about your sobriety, your judge will hopefully conclude that you are now clean and that as of your onset date, any substance abuse was not a “material contributing factor” to your disability.

      1. @jginsberg: i have c.o.p.d and a high heail hernia and had a stroke in 2005 and just got a court date from an appeal on feb 7 2012 what are my chances of getting my ssi payments and how long after the court date will i start to receive my ssi bennafites this is my third time filing and they said they are only going back as far as 2009 when i first applyed was in 2005 why is this and will i be intideled to the back pay of waiting ty jd

  11. I got approved this is the first time i’ve applied and i’m getting ssi because im ptsd severe bi polar and severe depression and i been locked up for 2 years in prison and in and out of group homes hospitals residental places my whole life was screwed up im supprise they did not denied me.

    I have a big delimma and need help! I am a RN and unable to work since Nov 07, and have filed for ssdi and been turned down by judge in sept 09. I was told by my layer who I only got to speak to right before my trial to appeal and file a new claim. Well I have osteo arth, siatica of the left hip and leg with ridiculopathy and no cure. Daily severe back, neck , shoulder, hip , feet and allover pain. When I fell I messed up my siatic nerve and caused sacroilic syndrome which I was told by the back specialist would be almost impossible to fix, and surgery would more than likely make it worse. I get migraines weekly that make it impossible to get out of bed for 1-2 days. I suffer severe Depression, Severe Anxiety that keeps getting worse. I did not know why I was suffering severe pain all over which escalated to keeping me bed bound several days a week. I no longer can sit up or stand or walk but for very limited amounts of time due to pain and fatigue. I started suffering bad memory loss and ability to think clearly. I was dx with Fibromyalgia. I also have other dx that seem to all fit under this dx, eg. IBS, nerve pain, muscle pain, migraines, corpal tunnel, osteoartritis and bursitis. I am 42 with a college degree. I am in pain all the time with it giving me only short periods of relief ranging from very severe to less severe.

    I did get approved on my new application for mental “depression and anxiety” and without this monthly amount coming in my family will lose everything. My attorney was only focusing on the Fibromyalgia DX , but I have been told the judge I had does not believe in Fibro. The Appeals council has sent the case back to the same judge. He is known as the worst one in this area even by the people in the social security building, very mean and hard headed. I was told he only gets worse when the appeals council corrects him. Well, what I am in fear of is him trying to undo the new approved decision when I have to go before him. The council did not limit him to just the old case, they did not affirm my new case, they left it binding but did not reopen it. I know that if I were to get the back pay around 20-30k it would help pay off the debt we incured while waiting, but if this judge can undo it we will lose everything. He didn’t listen to the physicians the first time, and took things I said and twisted them. One example is I told him I can’t grocery shop anymore, but every few months if I can I will go to the local Dollar store and may be able to walk 1 or 2 isles and leave. In his decision he stated I walked from my home to the store. He stated my physicians oppions werent medical opinions and invade the ultimate issue of disability, the appeals council cited him for that. I can not gamble my familys future away by placing it in the hands of this hateful man. I can’t talk with my attorney, he only does that right before the case, my layer even said right before that trial that we would win my case with any judge, but the one I have. I know I am not your client but I really need help, I also have a child with spina bifida and I have already let my family down with my illnessess and inability to be even a drop of the person I once was. I can’t gamble with our lives, and I don’t have anything left to offer. please help me with any recomendations you have about my situation. Thank You

  13. I have had my hearing,waiting on decision.since my hearing I’ve been to the Dr. And I know have a new diagnois should I inform my lawyer about it.

  14. while waiting for a hearing with a law judge i recieved a letter stating that i was found to be disabled by a state agency that i would be getting ssi no mention of ssdi denial or about the hearing with the law judge i have enough credits to get ssdi please explain what could have happened i just got the letter today. thank you very much for this site i moniter it regurlly

    1. Joe, there are several possibilities – first, it is possible that Social Security made a mistake and is not processing an SSDI claim. They may believe that your claim is for Supplemental Security income only. Second, it is possible that the adjudicator has approved your case but has amended your onset date to a date after you were last insured for SSDI (Title II). Third, it is possible that you have been approved for both SSDI and SSI but all of the letters have not yet come through. It is very common that the SSI staff process their paperwork first because if you are eligible for SSDI, there is a good chance that it will offset your SSI. The SSI folks have go thru the exercise of approving your for SSI then notifying you that your benefits are offset. The SSI processing center is located in a different location than the SSDI processing center, which is why there can be a delay in one or the other. I would wait a week or so to see if additional letters come. I would also carefully read whatever letters have been sent to see if there is any discussion of your SSDI and/or if there was any change to your onset date. You can appeal a favorable decision if there is an error like this but I would not file any appeal paperwork on a favorable decision without first talking to a lawyer.

  15. I have had a law judge set for the past 5 months, but still waiting on a court date for the administrative law hearing. How long does it usually take to get a hearing date set? This is for ssdi, and i do have a lawyer.

  16. I recently had my odar hearing. The judge asked me if I had ever used drugs and I answered no. Not to deceive but b/c I was nervous. Later that day I wrote a quick letter to the judge letting him know I do not use any substance other than prescribed to me and I did have a problem years ago and got tx. I also included a copy of my drug tx services that precluded my diagnosis by 16 months. Did I screw myself by sending the judge a one paragraph explanation of that answer with the certificate?

    1. Tasha, I don’t think your letter is a problem although it is always better to submit evidence and correspondence through your lawyer rather than directly to a judge.

  17. ps the court letter says i have to appear in court do i have to go to court for this or can my lawyer just go without me being there ty jd

    1. JD, your lawyer could appear without you but that would not be wise. Your hearing is your chance to present your case to the judge and you should take advantage of the opportunity for the face time.

  18. I have a hearing in March 19th,2012. I recently moved to Portland with husband, I have had back problems and knee issues and in constant pain, I came to an expert in Portland,Oregon, and they did am MRI on both the spine and rt. knee, well on Monday March 26th, I am having Spine surgery,they are gonna decompress and fuse on L4-L5 spine together, and after all that is healed, I will behaviing Arthroscopic surgery on Rt. knee. my lawyer got the doctors notes today by fax and he said he will send to Judge who is doing my hearing,well wondering if what I have to go through is good that I will get SSI/SSDI ( which my lawyer has applied for me). Everyone I know, tells me that it is good and that I will get in, casue Social Security says it is in my head with the pain and that is why I got a lawyer. When the judge gets the paper, could he say that cause of the current issue and the proof, could he say that we dont need a hearing and approve of my case?

  19. Went to my hearing Feb 29th, 2012. SS office called me yesterday and said the judge gave me a fully favorable decision for both ssi and ssdi. I’ve been reading a bit on-line in regards to back pay and the 5 month waiting period ect. If my ssdi payments are going to be $1,800.00 a month, then why are they evening going through the ssi process? She explained ssdi would hold back 5 months and ssi wouldn’t, and if the need for ssi was there during the time i first applied ect(based on husbands income), then I would have ssi until my ssdi kicked in and the ssi would then be dropped, ect..It’s all so confusing. I really REALLY want my medical to kick in.

  20. i to waited for 5 yrs and i was almost kikked in a car wreck and i have boplar manic depression i have never seen anything like it,i have a freind that fell from the top of a train and almost died he has worked all his life over 30 yrs and cant get his ssdi its crazy i jniw people that have it and abuse it and there have it for hdhd my grand son has that and my daughter works her butt of and they wont help her for crap to all those good luck and god bless u and keep on fighting amen

  21. I was approved for ssd,they say it’s in the Baltimore processing center- is a review still possible to overturn the judge favorable decision decision?

  22. Iam 31 years old went to my hearing a week ago for mentle health with manic deppression , PDSD, byploior disorder
    I was this way since I was ten years old I use to recevied disbilty as a child do to learning disbility and mentle health. my lawyer had to send more resent medical records to the judge and just send them this thursday afternoon and wrote a long letter on why I should receive SSI when I did work in my twenties I went through alot of jobs nurses aid fired for no show do to depression and same for working at warehouse and burger king and house keeping same reasons fired do to depression the judge ask the expert I did norcotics in twenties I have almost five years clean and sober the judge brought it up of course and crimnal background also and asl about that it was in self defense and told her what happened I cried to her that life has been diffcult for me then she turn to the expert she said and repeat of all jobs i did in the past I can’t remeber what she said But, I do know at the end she said their were no jobs for me at all I can do or the jobs I did before then the judge said she wants more updated medcial records then will decide.

  23. Iam 31 yrs old women I applied for ssi four yrs ago and agin in 2011 thinking you appeal by reapplying which my lawyer explained to the judge she said she notice that and well the judge was rough no clues she ask about my pass drug use its been five years soberity for me and she brought up about criminal history which was self defense and I told her what happened very intereted I am applying ssi because of my mentle health which are manic deppression, byploer disorder, anger outburst, PDSD, from childhood abuse . at the end the judge said she wants more medical record because she has the end of last years records Iam thinking she wants to make sure Iam in treatment and want progress notes my lawyer fax over to the judge last week a long letter why I should receive ssi and send the medical records as well to her .
    I was their for over two hours in the room in front of judge I remeber that the expert said their where no jobs that I can do or the old job eather which were nurse aide , warehouse pick packing, pressing shirts, house keeping as well I know when the expert walk out of the room my husband heared her say leaaving it’s finally over and it went good. so now just waiting for desicion

  24. Mr Ginsberg,
    I was told in last july2012, i have hep B, from that date on i have been to more doctors appt, then ever, i have been seeing a liver doctor, since approx that date, when i was refered to him bye my finding, GP, throughout that period, i have been getting most of the systoms that i have been told is conntected with hep b (chronic,inflamed liver, moderate fatty liver) As well as other systoms of it, except jundice ,i have not had that as of yet! I also have a issue resulting from a childhood sickness ,, viral encephilits in 1965. which i cant really get records from back when, the hospital is no longer there, My Gp ordered another MRI for me to scan brain, i had an MRI in the early 90’s showing the motor control and speech area is scarred, from high temps back then 3 mos, in hospital, i am awaiting being approved for the new MRI to see if it is still an issue and or if it has gotten worse or what?my concerns are,,,I filed for ssdi last november 2012,, my claim is in disability determation center gathering all the med info and such,,, but i am not totally disabiled yet, and they may think its not serious enough?

    1. Andy, at the end of the day, the main question in a SSD determination has to do with your capacity to work, no matter what the medical condition or conditions. Support from your treating doctors in the form of a narrative report of a functional capacity checklist detailing issues you are likely to have with the performance of day to day work activities is where you should focus.

  25. went before alj after questioning me and my lawyer judge asked ve if there was any jobs i could do and he said no what are my chances of winning jdge said she would try to push paper work through quickly

  26. I tried for disability 10 years ago after falling and crushing my heel and ankle turned downed been in pain with it ever since have not beenable to work alot I now have real bad sleep apena high blood pressure high coletrol and depression now my wife has late stage cancer and I take care of her the best I can if I try again will they go back to the first time I applied or when I apply this time thanks.

  27. I won my appeals in federal court, I have been having a lawyer, we went to the hearing in Aug. 5 2013, before we left out of the court room the judge looked at me and said I will have a decision for you in 45 days. My thing is My 45 days are up, I was wondering in I could call the ss office and check the status of my case, behind my lawyers back or what?

  28. My husband had his disability hearing on Tuesday, everything went very well I think, the vocational expert stated there is no work he could do, my worry is he has not recently been to a doctor due to insurance issues, will this stop a favorable decision?

  29. Hello Jonathan, I’ve applied for ssd since 2010.i had a disc replacement with fusion and plate in 2014 . unfortunately it caused me to have tons of chronic pain every since . I have also been diagnosed with fibromyalgia, major depressive disorder, osteo arthrits. Lately I’ve been seeing a councilor who says I may have ptsd on top of those other things. My pcp doctor wrote me a letter saying he’s treating me for chronic pain , fibro, and major depressive disorder. Ihave a pain management dr. A ,nurologist And my pcp has been telling me for a long time that my pain will never get better. I’ve done all the spinal shots trying to get better but nothing ever seems to work. I’ve been denied several times by ssd , and the denial letters never list all my medical problems.why? Ive submitted the infromation.Also I’m getting ready to go in front of a law judge now. I have an advocate, but it’s not helping me get approved so far.i worked hard for over 21 years.if I could work now I sooi would be , why do I keep getting denied? Also if I go to court and get denied again, will I have to start over and lose all the back pay? This doesn’t seem right, could it be a lawyer issue? Can I change lawyers and still get my backpay? Please help me understand this, my lawyer -11

  30. I had my hearing in March 2014 ,and is waiting on a decision from the judge. My question is why is it so hard to get disability ,I was diagnose with multiple sclerosis 2012 I was turn down the first time because nothing was said about me having ms. My Dr. said that I would have to be off work about 3 to 4 days a month and the vocational person said that a jobs would not go for that.My problem is with ms I don’t know from oneday to the next how i’m going to be, sometime I am so tried I can’t move other times I am so dizzy I have vertigo alot.My muscles hurts and I can’t think straight.My lawyer said my Dr. wrote a good report what do you think my chance are?

  31. i was approved last july for ssdi for total and permanent disability will be reviewed in five to seven years. but i recieved a letter to be reviewed now. it says in the PAR unit. do you know what the PAR unit is? Thank you .

  32. i was approved last july for ssdi for total and permanent disability will be reviewed in five to seven years. but i recieved a letter to be reviewed now. it says in the PAR unit. do you know what the PAR unit is? Thank you .

  33. My daughter has significant cant disabilities and can not b maintained at huhone. SHE WAS ON DDD HER WHOLE Lived 8 YRs IN the state New Jerseyzj and 9 years in New York State. RECIEVED SERVICES. RECIEVED SERVICES FOR JUST ABOUT 9 YEARS. I CAME BACK TO NJ. I Had to re Apply all over again while waiting for over a year Ashley was hospitalizedfor medical at first then behavioral secondly there was no proper placement for Ashley as she staring attention seeking behavior. with a lot of placement for Ashley we had no other alternative than to put her into the mental health and that’s where things against use spiral downward for Ashley. Ashley with over medicated and put into a state of toxicity poisioning her. Ashley was no longer able to walk talk move open ur eyes or get up to go to the bathroom she basically lost all bodily function. He state of conciouness was altered greatly.after a week at Memorial Hospital Morristown I have her transferred to Hackensack University Medical Center. Neurologist at Hackensack took care of Ashley she treated her before.. Dr Miller inform me. Ashley was in a drug induced psychotic delirious state. she was baffled and quite surprised at the combination of drugs they gave to Ashley knowing that she was neurologically impaired. she was diagnosed currently with static encephalopathy caused by over medicating her. this was because there is no appropriate placement for a child like Ashley when DDD drag their feet along does not provide services that are so desperately needed for a neurological impaired child or person this would not have happened to Ashley if DDD would have placed her as an emergency placement instead a tragic event happened while ashley had to wait. Most recently I received a letter DDD after just about 2 years of waiting and one tragedy later. several weeks ago I received a letter from DDD skating Ashley does not qualify for services. this is simply untrue. Ashley has been in the system consistentlysince she was two and a half years old. To add insult to injury Ashley suffered brain damage from being put on the psychiatric unit and heavilt medicated although as her guardian i objected ti her being on these drugs. Because there is no placement that is appropriate in a psychiatric hospital for Ashley her primary diagnosis is one that is not OF mental illness. CLEARLY A BRAIN LIKE ASHLEYS DOESNT RESPoND like people who have mental illness. Sadly my guardianship doesn’t hold up to any power. As my daughter lies, once again in a psychiatric unit being over MEDICATED with the very same drugs that caused her static encephalopathy just three months ago Bergen Regional continues to refuse to acknowledge that I am guardian, I should be making SSI, by contrast, is a welfare program that pays a statutory amount (around $670) to individuals who meet the definition of disability but who are not insured for all medical decisions including medications written down from the neurologist. they refuse to acknowledge that I am her guardian I should be told what the treatment plans treatment if there is to be a medication change I am her guardian. Ashleys treating psychiatrist.and medical doctor have not called me or included our family in Ashleys treat but they good continue to go against my well and the will of Dr Ann Miller to wrongly administer medication that will only cause further damage to ashleys brain. THEY continue to medicate her making her worse today THAN THE DAY she stepped in to their facility. unfortunately with all the drugs Ashley would have to be taken off all of the antipsychotics/sedetavies/hypnotics/ narcotics and several other types of drugs before she could start to be able to get well. These drugs cause a psychotic DELIRiUM O which makes Ashley violent and aggressive. She is induced into this type of state. Appearing as mentally ill. The hospital knows what there doing threat to ever she’s around

  34. How are some ways u no you got approved for ssd after your hearing & the judge just made a decision after 4mnths… Are there any signs that u no that Ull get it???

    1. Typically it takes about 4 or 5 weeks to get a decision. However, some judges take much longer. There is not much you can do once the case is in the hands of the judge.

  35. My husband had open heart surgery and only has 30% heart pumping capability. Due to the school system not taking out social security was denied disability as no insured status. How can we appeal this issue and win his case is it possible. Battling issues with high blood pressure and financial problems is really another heart attack waiting to happen.

    1. If your husband is not insured for SSDI, perhaps you may qualify for SSI or for private long term disability. If he doesn’t have the credits, there is nothing to appeal.

  36. Hi I went to a hearing and I feel it just didn’t turn many things I wanted to say and was complety blank and get very nervous with any communication…I panic just like with tests..just like in everyday life witch can happen at the drop of a hat…my lawyer didn’t prepare me he asked me a few questions before we went in and 1 question in the courts..the judge is sending me to a consultative examination.his secretary said it was for a iq would they know this already?it didn’t say iq in my letter….its always been very hard for me to admit to any mental issues and I have struggled my hole life to stay private because im a embarrassment of me..ive been to 4 different physiatrist in my hole life but I usally go to a church for help because I was always told as a child never go or they would lock me up…..and I never made it past the 7th or 8th grade I cant remember I am 42…I think because I hhad a hard time with communicating that it wasn’t enough..what should I do.. my phyc doctors signed the papers of what the lawyer wanted..

  37. I have been on social security disability for 10 years now.I have multiple mental issues.that I won’t take all of your time going into.I’ve received a letter a year ago saying that I am no longer disabled.I then went to two appeals with out a judge.just a letter and then I went and sat with guy on my second appeal.They determined that although I do have disability.I could still work.Now I have to go in front of a judge.Cannot afford a lawyer .None will take me because of my income.I have not seen any of there doctors.I’m just confused.

  38. Hi my name is Mel, I have my hearing in August 29 ,2016 , I was diagnostic with breast cancer uin 2016! I had surgery then ratation, now I on a cancer pill every! My depression axitiy has got wworse! Have chronic pain all the time! Also hypertension, have a cycist my knee had 2,past dsurgery years ago , it is painful , Do you think I will get approved at my hearing?

  39. I won disability in July and got fit st check in September. I panicked in June and filed for SSI, how ling to get answer from SSI so I can get my back pay released, they said they are waiting on nothing far as doctor paperwork or can I just stop it. I am getting 800 a month will I even qualify for any SSI benefits?

  40. I have received a fully Favorable decision from the judge. And now she sent me a letter stating that they need more information to see if I qualify for SSI payments. I am not entitled to ssd because I don’t have enough work credits. My husband has a job making 8:50 an hour. Does this mean that if they deny me SSI that myself or my lawyer will not collect anything?

    1. Sherrie, if you don’t have enough credits for SSDI and your husband’s earnings create a deeming offset for your SSI, then you won’t get anything. SSI will do an income and resource interview with you to give you official word on that subject.

  41. My fiance had an basil ganglia stroke on the left side of his brain May27, 2017. I applied for ssd on his behalf because his right arm has no mobilty at all. His right leg has some mobilty but he drags his feet and he is slightly unbalanced. He has to walk with an one hand walker that the doctor subscribed. His mind is not the same anymore because the dead brain cell due to the massive stroke he had.when I applied for ssd for my fiance they also had me to apply for SSI. I got a letter from ssi stating that they couldn’t make a decision on his claim as of yet due to it was to early to tell if his injuries will be permanent. Will SSD base their decision on the same as SSI did. I think he’s insured for SSD because he has been working as a truck driver for five yrs. And was working rite up to when he had his stroke.

    1. Linda, most probably SSD will say the same thing. There is a duration requirement to SSDI and SSI – that his disabling condition has lasted or is expected to last 12 consecutive months. If you could get a letter from his doctor indicating that his condition is not likely to improve to the point where he could return to any work (not just truck driving) within 12 months of his stroke, you might be able to satisfy SSA about the duration requirement.

  42. I am awaiting my hearing in October. I have been working a part time job 15 hours a week from home under SGA. I work short 30 minute shifts at a time a few shifts a day. I still miss shifts, sign in late, and leave my shift early to lie down. I have been wrote up numerous times for missing work. My job reviews have suffered. I have printed all of these out for my lawyer. My job is easy, I just answer a phone and make appointments. I have had two lawyers accept my case knowing this. First one retired during the 2 year wait due to health issues. 2nd took my case without hesitation. My question is: Do you think this may hurt my case?

    1. Part time work is definitely a concern. I would speak with your lawyer about how to describe specifically what you do and how you structure your time on the job. It would appear that your work does not rise to the level of “substantial gainful employment” based on work performed – you also need to show your lawyer how much you are earning from the job. Good luck!

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