Social Security, Disability, & Personal Injury Attorney
Serving Portland, Biddeford, Lewiston, ME & Beyond

Both programs are administered by the Social Security Administration. For most people, the medical requirements for each program are the same and the person's disability is determined by the same process, although each program has some distinctions, as noted below.

Social Security Disability Insurance (SSDI) is a program financed with Social Security taxes paid by workers, employers and self-employed persons. In order to be eligible for a Social Security benefit, the worker must earn sufficient credits based on taxable work. Disability benefits are payable to disabled workers, disabled widow(er)'s or adults disabled since childhood, who are otherwise eligible. Auxiliary benefits may be payable to a worker's dependents, as well. The monthly disability benefit payment is based on the Social Security earnings record of the insured worker on whose Social Security number the disability claim is filed. 

Supplemental Security Income (SSI) is a program financed through general tax revenues. SSI disability benefits are payable to adults or children who are disabled or blind, who have limited income and resources, who meet the living arrangement requirements, and are otherwise eligible. The monthly payment varies up to the maximum federal benefit rate which is standardized in all States, but not everyone gets the same amount because it may be supplemented by the State or decreased by other countable income and resources.

A social security attorney charges 25% of the retroactive benefits, up to a maximum of $6000, to handle your claim. The lawyer may also charge for out-of-pocket expenses incurred in obtaining medical records and doctor’s opinions. The 25% contingent fee is only collected if you win your case and is the standard fee charged by all social security attorneys around the country.

• Before age 24 - You may qualify if you have six credits earned in the three-year period ending when your disability starts.

• Age 24 to 31 - You may qualify if you have credit for having worked half the time between 21 and the time you become disabled. For example, if you become disabled at age 27, you would need credit for three years of work (12 credits) out of the past six years (between age 21 and age 27).

• Age 31 or older - In general, the work credits needed depends on various factors. Unles you are blind, at least 20 of the credits must have been earned in the 10 years immediately before you became disabled.

Apply for disability benefits online at socialsecurity.gov/disability 

Or call our toll-free number, 1-800-772-1213. Our representatives can make an appointment for your application to be taken over the telephone or at any convenient Social Security office. 

People who are deaf or hard of hearing may call our toll-free "TTY" number, 1-800-325-0778, between 7 a.m. and 7 p.m. Monday through Friday. 

You can find the most convenient Social Security at socialsecurity.gov/locator 

• your Social Security number;
  
• your birth certificate or other evidence of your date of birth;
  
• your military discharge papers, if you were in the military service;
  
• your spouse's birth certificate and Social Security number if he or she is applying for benefits;
  
• your children's birth certificates and Social Security numbers if they are applying for benefits;
  
• your checking or savings account information, so your benefits can be directly deposited;
  
• names, addresses, and phone numbers of doctors, hospitals, clinics, and institutions that treated you and dates of treatment;
  
• names of all medications you are taking;
  
• medical records from your doctors, therapists, hospitals, clinics, and caseworkers that you have readily available;
  
• laboratory and test results;
  
• a summary of where you worked in the past 15 years and the kind of work you did;
  
• a copy of your W-2 Form (Wage and Tax Statement), or if you are self-employed, your federal tax return for the past year; and
  
• dates of prior marriages if your spouse is applying.

• information about the home where you live, such as your mortgage or your lease and landlord's name;
• payroll slips, bank books, insurance policies, car registration, burial fund records, and other information about your income and the things you own.9) What is Supplemental Security Income (SSI)?

Yes. You can now apply for Social Security Retirement benefits, Spouse's benefits or Disability benefits online by going to www.ssa.gov/applyforbenefits/and following the instructions.

You may be able to receive SSI in addition to monthly Social Security benefits, if your Social Security benefit is low.The amount of your SSI benefit depends on where you live. The basic SSI check is the same nationwide. Effective January 2009, the SSI payment for an eligible individual is $674 per month and $1011 per month for an eligible couple. However, many states add money to the basic check.

Ordinarily, disability payments from other sources do not affect your Social Security disability benefits. But, if the disability payment is workers' compensation or another public disability payment, yours and your family's Social Security benefits may be reduced. 

Your Social Security disability benefit will be reduced so that the combined amount of the Social Security benefit you and your family receive plus your workers' compensation payment and/or public disability payment does not exceed 80 percent of your average current earnings. (Note that the unreduced benefit amount is counted for income tax purposes.)

To qualify for Social Security disability benefits, you must have worked long enough and recently enough under Social Security. You can earn up to a maximum of four work credits per year. The amount of earnings required for a credit increases each year as general wage levels rise.

 Family members who qualify for benefits on your work record do not need work credits.

 The number of work credits you need for disability benefits depends on your age when you become disabled. Generally you need 20 credits earned in the last 10 years ending with the year you become disabled.

However, younger workers may qualify with fewer credits. The rules are as follows:

• Before age 24? You may qualify if you have six credits earned in the three-year period ending when your disability starts.
  
• Age 24 to 31? You may qualify if you have credit for having worked half the time between 21 and the time you become disabled. For example, if you become disabled at age 27, you would need credit for three years of work (12 credits) out of the past six years (between age 21 and age 27).
  
• Age 31 or older? In general, you will need to have the number of work credits shown in the chart shown below. Unless you are blind, at least 20 of the credits must have been earned in the 10 years immediately before you became disabled.
  

In the year 2002, the average processing time for a Social Security Disability claim was 104 days. This is an average and the actual time it takes to process your claim may be more or less based on:

• the State you live in; 
• Disability determinations are made by a Disability Determination Service in the State where the disability applicant lives. These State agencies are required to comply with federally prescribed policies and procedures, which helps assure that the programs are administered consistently from State to State.
• the nature of your disability;
• how quickly we can obtain medical evidence from your doctor or other medical source; and
• whether it is necessary to send you for a medical examination.

• RECONSIDERATION: A reconsideration is a complete review of the claim by someone other than the individual who made the original decision. All evidence, plus any additional evidence submitted, will be reevaluated and a new decision will be rendered. If an individual disagrees with the reconsidered decision, they can choose to go to the next level of the appeals process.

• HEARING: A hearing will be conducted by an Administrative Law Judge (ALJ). The individual and/or their representative may come to the hearing and present their case in person. The ALJ will evaluate all the evidence on record, plus any additional evidence brought to the hearing, and will render a decision. A "Notice of Decision" will be issued to the individual and their representative. If they disagree with the hearing decision, they can choose to go to the next level of appeal.

• APPEALS COUNCIL: The Appeals Council may decide to issue its own decision, remand the case to the ALJ to issue another decision, or allow the ALJ's decision to stand. The appellant will receive a copy of the Appeals Council's action.

• FEDERAL COURT REVIEW: If the claimant disagrees with the Appeals Council's action, he or she has the right to file a civil suit in Federal District Court.

No. You will continue to receive a disability benefit as long as you continue to be disabled and otherwise meet work or other eligibility requirements. However, your case will be reviewed periodically to see if there has been any improvement in your condition and whether you are still eligible for benefits. If you are still eligible when you reach full retirement age, disability benefits will automatically be converted to retirement benefits.