Enter Your Zip Code to Connect with a Lawyer Serving Your Area
SSI stands for Supplemental Security Income, a need-based program for low-income and low-asset disabled indivduals. Adults who are unable to work, or no longer able to work, may file an SSI disability claim if they believe they are disabled. Children who have conditions that limit their daily activities can also apply for SSI.
For anyone who is considering filing an SSI disability claim, there are a number of questions that should be addressed. Here are just a short few.
An SSI disability claim can take quite a long time from start to finish, and this may vary tremendously from one case to the next. For individuals who are pursuing SSI disability at the initial claim level, the time spent waiting for an initial answer can easily exceed three to four months. In fact, in cases where an individual has had a heart attack or surgery of various kinds (for example, heart surgery or eye surgery), the Social Security Administration (SSA) may actually delay a decision on the case until the claimant's medical outlook and prognosis has become clearer.
Waits of over a year for a decision on an SSI disability claim are a bit unusual, but cases have been known to take that long. In most cases, however, an initial SSI claim will probably be decided in 90 to 120 days.
Unfortunately, most SSI claim are denied after the initial applicant and the claimant must appeal. The entire appeal process can stretch out to more than two years and perhaps as long as three years. Why so long? Partially because the first appeal (called a review, or reconsideration) can take just as long as the initial SSI disability claim, but mainly because the second appeal (a request for a hearing) can sometimes take over two years! Just getting a hearing date before a disability judge can take over a year.
Learn more about Filing a Social Security Disability Claim.
Depending on the state you live in, your SSI disability claim may stand a 70% chance of denial when you file an initial claim (application). And, at the first appeal step (known as a review, or reconsideration), the chances of being denied for SSI disability benefits may be even higher, perhaps as high as 85%. At a disability hearing, however, the typical SSI disability claimant may see their opportunity for being approved rise. Without representation at a hearing (that is, not having a disability lawyer or representative who knows how to prepare a case to be heard by a judge), the chance of winning disability benefits is about 40%. With legal representation, the chance of winning SSI disability benefits is approximately 60%. Of course, individuals who are older (50 and up) will typically stand a better chance of winning, due to SSA disability regulations leaning in their favor. For this reason, also, younger claimants may find it even more advisable to confer with a disability lawyer or representative prior to attending a disability hearing.
Learn more about Your Chances of Getting Approved for Disability Benefits.
Individuals who are awarded SSI disability benefits are automatically signed up for Medicaid benefits. In the future, however, some states may decide to alter the benefits currently offered to Medicaid recipients, and this will likely affect SSI disability recipients who also receive Medicaid benefits.
Learn more about Disability Benefits Available to You.
There are different schools of thought regarding this issue. And, in truth, some individuals who file an SSI claim will be approved on their first application (about 30% ... meaning 70% will not be approved and will have to appeal). If you have a very strong case and can win on your own, it makes the need for representation a bit doubtful.
However, for individuals who receive a denial on an SSI claim, having a disability lawyer will usually prove useful. At the first appeal step (the reconsideration), a disability representative (an attorney or non-attorney representative) will manage your case and work to ensure that all necessary deadlines are met (submitting appeal paperwork and ensuring that requests by SSA for information are complied with). At the second appeal step (the disability hearing), a disability representative will work to gather all of the information that is needed to present a case before an administrative law judge (ALJ). And, typically, legal representation at the hearing substantially increase an SSI disability claimant's chances of winning benefits.
Learn more about Using a Disability Attorney.
Just contact your local Social Security office and advise them that you need to file for disability benefits. After you do this, you will be given an opportunity to be interviewed over the phone or in person for the purpose of filing for SSI and getting disability benefits from Social Security. You cannot file for SSI online.
Learn more about SSI (Supplemental Security Income) Benefits.
Updated by: Beth Laurence, J.D.
Social Security Disability Basics
Eligibility for Disability
Filing for Social Security Disability
Medical Conditions Eligible for Disability Benefits
Social Security Denials & Appeals
Disability Benefits Information
Eligibility for Workers' Compensation
Workers' Compensation Benefits Information
Workers Comp Tips & Advice