Frequently Asked Questions

 SSA defines Disability as the "inability to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months". 

 SSDI is for individuals who have paid a certain amount of Social Security tax over a period of time.  You must have paid enough in that you are insured by SSDI.  In a nutshell, you must have worked 5 out of the last 10 years before you became disabled.  (Always check with SSA to figure out your eligibility and if you may apply.  You must also meet SSA rules for Disability.  Individuals on SSDI are eligible for Medicare after two years.
    SSI is for individuals who have not paid into the Social Security system or have not paid enough in.  This program is based on financial need, therefore SSA considers the income and resources of everyone living in your home.  They also take into account the support provided (free Room and Board, etc.)  Children under 18 who are disabled according to SSA can get SSI if their family income is low enough.  You must also meet SSA rules for disability.  Individuals on SSI are eligible for Medicaid. 

  There are three main levels in the Disability Claim process:
        1. Initial Application - usually takes 2-6 months
        2. Reconsideration - usually takes 2-6 months
        3. Administrative Law Judge Hearing - It usually takes 12 to 18
            months to go to a hearing after the second appeal.
        4. If the ALJ hearing is denied, you can appeal to the Appeals Council. 

   RDS charges 25% of the individual's back pay up to a maximum set forth by the SSA (currently $7,200.00).  RDS is eligible for Fee Withholding by SSA and are paid by SS when the case is won.  There is no charge for Medical Records, phone calls, etc.  If we don't win your case, you don't pay anything.