Frequently Asked Questions (FAQ)

What are Social Security disability benefits?

Social Security disability benefits are monthly payments provided by the federal government to people who cannot work due to a serious medical condition expected to last at least a year or result in death. There are two main programs: Social Security Disability Insurance (SSDI), which is based on a person’s work history and the Social Security taxes they have paid, and Supplemental Security Income (SSI), which is needs-based and helps people with very limited income and resources regardless of their work record. These benefits are designed to replace lost wages and provide financial support for basic living expenses, ensuring that disabled individuals and, in some cases, their dependents have a safety net when they can no longer earn a steady income.

Do I qualify for SSDI and/or SSI?

It depends on your medical conditions, work history, and financial situation. You won’t receive reliable advice on your specific situation from a website, Facebook group, or an Internet quiz. For information on the legal process used to evaluate disability claims, however, please click here.

Briefly, the Social Security Administration uses a five-step sequential evaluation process to decide disability claims:

1. Work Activity – If you are working and earning above the “substantial gainful activity” (SGA) limit,  you are generally not considered disabled.
2. Severe Impairments – To receive disability, you must have a medical condition that significantly limits your ability to perform basic work activities for at least 12 months.
3. Listed Impairments – The Social Security Administration compare your condition(s) to a list of severe medical conditions with strict criteria (the “Blue Book”). If any condition meets or equals one on the list, you are considered disabled.
4. Past Work – The Social Security Administration assesses whether you can still perform any of your past relevant work despite your condition(s). If you can, you are not considered disabled.
5. Other Work – Finally, Social Security Administration evaluates whether you can adjust to any other work that exists in significant numbers in the national economy, given your age, education, skills, and limitations. If you cannot perform other work, you are found disabled.
   

What’s the difference between SSDI and SSI?

Supplemental Security Income (SSI) is a federal program that provides financial payments to people who are disabled, blind, or elderly and have limited income and resources. Social Security Disability Insurance (SSDI) is a federal program that provides monthly payments and eligibility for Medicare to people who are disabled or blind; unlike SSI, however, it provides benefits to people who become disabled while they are “insured” against disability based on their history of paying Social Security taxes.

Stated more simply, SSDI provides disability benefits for people who have a sufficient work history, much like a private insurance program might, while SSI provides disability benefits for people with notable financial needs.

How much are Social Security disability benefits?

Social Security disability benefits depend on a person’s work history, earnings, and which program they qualify for. For Social Security Disability Insurance (SSDI), the estimated average monthly benefit in 2025 is about $1,580, but the amounts vary widely. The maximum monthly SSDI payment is about $4,018. Supplemental Security Income (SSI) provides a lower flat benefit. In 2025, the federal SSI rate is $967 per month for an individual and $1,450 per month for a couple, though some states supplement with additional payments.

Does Social Security disability provide healthcare?

If you qualify for Social Security Disability Insurance (SSDI), you will typically receive eligibility for Medicare benefits 24 months after your entitlement date to SSDI.

Depending on your state of residence, if you qualify for Supplemental Security Income (SSI), you may receive eligibility for Medicaid benefits.

Can I work and receive Social Security disability benefits?

As a general matter, Social Security disability recipients can engage in some work and still receive their disability benefits. If you work too much, however, you will probably lose eligibility for disability benefits.

Can I apply for Social Security disability benefits and unemployment?

Yes. In 2006, the Social Security Administration’s Chief Administrative Law Judge issued a memorandum reminding adjudicators that it is not inconsistent to apply for both unemployment benefits and Social Security disability benefits. Although Social Security disability applicants are claiming they cannot work and unemployment applicants are affirming that they can work, the Supreme Court has noted that different federal programs different define what constitutes a “disability.” See Cleveland v. Policy Management Systems Corp., 526 U.S. 795, 803 (1999). For example, the Social Security Administration's definition of “disability” does not include work with accommodations, while the unemployment program's definition might. Cf. id. (addressing Social Security disability and Americans with Disability Act benefits). The Social Security Administration incorporated the Supreme Court's decision into administrative adjudication in Social Security Ruling 00-1c.

Are children eligible for disability benefits?

Yes: Disabled children with financial need are eligible for Supplemental Security Income benefits. SSI provides benefits for children from lower-income, lower-asset families to help provide for the extra care and support that disabled children need. The Social Security Administration also assesses children’s cases differently than adult cases, because it doesn't make sense to ask whether the child can work.

Our attorney Rebecca Fate regularly represents disabled children. Our other attorneys also represent disabled children when Rebecca is unavailable.

What should I do after receiving a denial in my Social Security disability claim?

For information regarding your specific case, you should consult an attorney. In many cases, though, it makes sense to appeal. Many people need to appeal all the way to a hearing before they are awarded benefits.

Does my condition qualify for disability?

We get it: It might make sense that you would receive disability benefits once you're diagnosed with cancer, bipolar disorder, a stroke, fibromyalgia, or any other serious condition.

For the most part, though, Social Security disability benefits turn on what limitations that result from your medical conditions, not what diagnoses you have. As simple example, some people have depression and still have successful careers. Some people have depression that will prevent them from working whatsoever.



The Social Security Administration lists some impairments in the Bluebook (often called the Listings of Impairments). If you have one of these conditions and meet certain criteria, the government will typically find you disabled, even without asking if you could work. But, for most conditions, the criteria are very, very stringent, such that most people don't meet these listings. If you see your diagnosis on the list of impairments, you should not assume that you will win benefits based on the diagnosis alone.

How long does a Social Security disability claim take?

Disability claims take too long. For information on initial processing times, click here. After that, claimants wait for a reconsideration decision. For information on hearing wait times, click here.



For expectations on how long your case will take, you should ask your attorney. You might have a longer or shorter wait depending on your particular case. Your attorney should estimate your total case processing time when you first meet with them, although the attorney can't control how long it will take the government to process your claim and/or appeals.

Should I attend the doctor appointment—the consultative exam—that the Social Security Administration scheduled?

It depends. More often than not, yes. But we recommend that you ask an attorney for advice about your specific case. You should never take legal advice from a website!

How much does it cost to collect medical records for a Social Security disability claim?

Beyond legal knowledge, Social Security claimants also hire attorneys to collect their medical records with as few costs as possible. It can unfortunately cost a lot of money to collect medical records for Social Security disability claim. But there are ways to keep these costs much, much lower.

Every state has a different statute on medical record costs, so costs also vary widely by state. Here in Ohio, for example, medical providers are required to provide free records to a Social Security disability claimant. In many cases the provider will still try to charge a fee: We  regularly get bills after we request medical records. In Ohio, however, we can always send a demand letter such that the records are provided for free, or in extreme cases we will request a subpoena. We represent clients in other states where we can similarly collect records without cost.

In states where records are not free, there are still ways to keep costs down, but it requires a little more ingenuity.

We have never outsourced medical record collection services to vendors, so we do not bill our clients for any third-party medical record services.

Do I need a disability lawyer?

No. You have the right to represent yourself. The Sixth Amendment gives Americans the right to represent themselves in criminal cases, see Faretta v. California, 422 U.S. 806 (1975), and 28 U.S.C. § 1654 protects the right to represent yourself in civil cases. The Social Security Administration implicitly has adopted this general American principle, so you do not need a lawyer to file for disability benefits. Administrative Law Judges must tell unrepresented claimants that they have the right to representation, and generally hearing offices will try to inform claimants about this right prior to a hearing. HA 01210.080 B.1. If a claimant declines to retain a representative, the Administrative Law Judge determines whether the claimant is competent to make that decision. Id.

Do I want a disability lawyer?

We’ve devoted our lives to representing disability claimants, so obviously we think it’s wise to hire a disability lawyer. We know how to avoid routine errors, collect evidence, make arguments, and contact the Social Security Administration when problems arise. We can do the work for you, hopefully removing some stress from an incredibly important process.

Probably the most important consideration: In a 2017 study, the U.S. Government Accountability Office “found that claimants who had representatives, such as an attorney . . . were allowed benefits at a rate nearly 3 times higher than those without representatives.” 

Attorneys also only receive one-fourth of back pay, while successful claimants will generally collect ongoing benefits for years and years. In other words, an attorney might cost only a few months worth of benefits—and only if the case is successful—in exchange for tripling the chance that someone collects disability benefits for decades (the timeframes will depend on your case and how long you remain on benefits). Given the difference in livelihood with and without benefits, we think it’s a no-brainer.

As a small exception, we advise some people not to retain our firm because they have an exceedingly strong case. For example, we once declined to take the case of a woman in a “vegetative” state. A warning: Unfortunately, we regularly join very, very strong cases that have languished for years due to avoidable technical mistakes.

How much does a disability lawyer cost?

Pursuant to section 206(a) of the Social Security Act, Social Security disability lawyers are only paid benefits if you win your case. In the vast majority of cases, Social Security disability lawyers are paid 25% of your back pay. Disability lawyers do not receive anything from the benefits that you receive during the years after your approval.

Does Donoff & Lutz, LLC do anything other than Social Security disability?

Thank you for asking, but no—we only represent Social Security claimants. Our attorneys have litigation backgrounds, but we’re currently staying focused on Social Security claims. As some small exceptions, we have supported railroad disability claims and consulted on NFL disability claims, and Zachary Lutz  represents veterans pro bono in their disability claims.