Disability Insurance
SSDI claims: the benefit you already paid for
Social Security Disability Insurance is not a handout — it is insurance you bought with every paycheck, through FICA taxes, against exactly the situation you are in now. Claiming it is your right. Winning the claim is our job.
Who qualifies for SSDI
Two tests, and you must pass both. First, you need enough recent work: SSDI eligibility is built on work credits earned through employment, which is why it does not depend on your savings or your household’s income. Second, you must meet Social Security’s definition of disability: a medical condition that keeps you from working at a substantial level — $1,690 a month for non-blind claimants in 2026 — and that has lasted, or is expected to last, at least twelve months or result in death.
There is no partial disability and no percentage rating in this system. You are either found disabled under the rules or you are not — which is exactly why how the evidence is developed matters so much.
What an SSDI award actually includes
- A monthly benefit based on your earnings record — the 2026 average is about $1,630 a month
- Back pay reaching toward when your disability began, less the five-month statutory waiting period
- Medicare, beginning 24 months after benefit entitlement
- Possible payments for your children — a piece families routinely leave unclaimed; see don’t forget the kids
How we work an SSDI claim
The case is won or lost on the medical record, and the record does not build itself. We identify every treating source, get the records, and put the evidence in the form Social Security’s own rules reward — at the application, at reconsideration, and at the hearing before a judge, where most contested cases are finally decided. If you have already been denied, that is normal and it is not the end: what to do after an SSDI denial walks through the next step, and the short version is appeal, don’t refile.
SSDI is not the same as “disability insurance” from work
If you have a long-term disability (LTD) policy through an employer or an insurance company, that is a private contract claim — a different system with different rules. Many people pursue an LTD claim and an SSDI claim at the same time; the insurer usually requires it, and we handle the Social Security side. If you are not sure which you have, or you have both, call anyway — sorting that out takes five minutes, and if part of your situation belongs with a different kind of lawyer, we know who to send you to. The one case we do not take is a disability overpayment — where Social Security says it paid too much and wants it back.
Not sure whether SSDI or SSI fits your situation? The medical standard is identical; the financial rules are not. See SSI claims — and note that some people qualify for both at once.
Clients also ask
How much does SSDI pay?
Your SSDI amount is based on your own earnings record — what you paid in over your working life — not on how severe your condition is. In 2026 the average benefit is about $1,630 a month; your own figure may be higher or lower, and Social Security can tell you your estimate.
What is the five-month waiting period?
Federal law imposes a five-month gap between the date Social Security finds your disability began and your first month of benefits. It applies to essentially every SSDI claim and is not a sign anything is wrong with yours.
Can I work while applying for SSDI?
Limited work is possible, but earning above substantial gainful activity — $1,690 a month for non-blind claimants in 2026 — generally defeats the claim. The rules have real traps in them: working while applying for disability covers them in detail.