Can I File for My Social Security Disability?

Sometimes at family gatherings or after church, someone will pull me to the side and ask me this question: “Can I file for my disability? I’ve got X Y Z going on and it’s getting harder to do my job.” My first question is always, “Have you stopped working?” Many people are surprised to find that not everyone can put in a claim for Social Security disability. First, you must be out of work. Then, you must get past other rules that have nothing to do with your health.

If you have worked long enough in recent years, and paid federal taxes, then that is like paying an insurance premium for Social Security Disability insurance coverage. It is kind of like paying your car insurance. If you have paid the premium, then you are “paid up” to a certain time and have disability coverage, and can file a claim. 

There are other instances where a spouse who has died, or a retired or disabled parent, may have enough work credits to extend coverage to a surviving spouse or a disabled adult child. $3822 per month is the maximum that a disabled person can receive in 2024, but it can certainly be less-than that. It all depends on your earnings history.

The other disability program is Supplemental Security Income. Many people call this SSI. SSI is not a separate process. To apply for disability and SSI, they look at how much cash or things with cash-value you own. At the disability screening, Social Security will ask about income and resources, like checking and savings accounts, 401k accounts, and property ownership. If you qualify through this means-test, then you can put in an SSI application along with your other disability application, or just SSI on its own if you did not have enough work credits. The maximum monthly SSI payment in 2024 is $943 if you are single, $1175 if you are married.

Disability benefits under your work credits are usually a higher check amount and stand to get more back pay. These benefits can be paid maximum 12 months before the application. The maximum back pay on SSI is the first full month after the month that you filed for disability, so if you applied on February 6th, the first month for back pay is March 1.

If you want an experienced lawyer to handle things, check us out at www.hall-rouse.com, or give us a call at 1-866-425-5347. We are here to help.