Q: Can a child receive disability benefits?

  • A:Yes a child can receive either SSI or SSD is they’re disabled. There’s a set of criteria for children. They can get SSD based on their parents earning record, or SSI if no earning record or a combination up to the maximum SSI amount.


Q: Can child support be taken from my SSDI payment?

  • A:Yes it can. But, if you have dependent children they may be entitled to a child’s benefit based on your benefit. You should have given them the names, social security number, ages and address of all children when you applied. If you didn’t, you can add it later. It just delays their receipt of the benefits.


Q: Can I get SSDI while I’m receiving workers’ compensation?

  • A:Yes.


Q: Can I work and earn “any” income while on SSDI?

  • A:Substantial gainful employment is defined as $720.00 per month. If you have nominal earnings that don’t exceed that amount, you can earn the money. But if you’re able to maintain substantial gainful employment, you’re no longer eligible.


Q: Do I need to have an attorney to receive the benefits I’m entitled to?

  • A:Depends. For your initial application, an attorney or non-attorney representative is most likely not necessary. If you’re denied, you may want to seek representation to assist in presenting your case for your appeal. It would be highly recommended to have an attorney prepare for your hearing before the administrative law judge or appeals council and would almost always be needed for a court appeal.


Q: How does Social Security define a disability?

  • A:To be eligible for benefits, a person must be unable to do any kind of substantial gainful work because of a physical or mental impairment (or a combination of impairments), which is expected either:
    • to last at least 12 months, or
    • to end in death.


Q: How long do I have to wait before benefits start?

  • A:Benefits begin the month following the fifth full month of disability for SSD and the date of application or the date of onset of disability for SSI.


Q: How much would I have to pay an attorney to help me get benefits? (Is there a set amount or percentage?)

  • A:In the standard social security disability case, the attorney is entitled to 25% of the back pay up to a maximum, which right now is just over $5,000.00. In an extraordinary case the attorney can file a fee petition to be awarded additional fees.


Q: I am disabled. Can I apply for, and receive SSDI, even if I have money in the bank?

  • A:Yes.


Q: I received a notice from Social Security saying it over paid me. Do I have to return the money? It was their error.

  • A:No, if you appeal their decision and win the appeal.