SSDI / SSI Frequent Questions

A Social Security Disability FAQ: Common Questions

Call Attorney Tom Ervin to Discuss Your Unique Case

The law firm of Kathryn Williams, P.A., offers the following information to help you understand your rights. This is not meant as a substitute for legal advice from a qualified Social Security Disability lawyer. If you live in Upstate South Carolina, we invite you to contact our Greenville office 1-888-377-1537 to discuss your SSDI or SSI claim with Tom Ervin. He practices exclusively in this area of the law and brings 30 years of legal experience. We offer a free consultation and flexible appointments.

How we can help if your claim is denied.

Frequently Asked Questions (Provided as general information but not intended as a substitute for specific legal advice about your case)

What is Social Security Disability?
What is SSI?
How long do I have to be disabled before I can get benefits?
What is the definition of "disability"?
What if the SSA says I don't meet the definition?
How long does it take to get Social Security Disability?
Can I get Workers' Compensation AND Social Security Disability?

What is Social Security Disability?

Social Security Disability Insurance (also called SSDI or SSD) is a federal program providing monthly benefits to people who cannot work because of a qualifying physical or mental condition. The disability does not have to be work-related. However, the level of benefits is determined by the amount of money you have paid into Social Security through paycheck deductions.

What is SSI?

Supplemental Security Income is a parallel program of the Social Security Administration. It provides benefits to meet basic living expenses of people who do not qualify for SSDI because (a) they have never worked or (b) have not worked enough in recent years. The definition of disability is the same as for SSDI. Eligibility is based on household income and assets(not your individual income).

How long do I have to be disabled before I can get benefits?

To receive SSDI, you must be continuously disabled for 12 months more. However, if you expect the disability to last a year or more, you can start the application process at any time to avoid a later delay in benefits.

What is the definition of "disability"?

You are considered disabled and eligible for SSDI/SSI if your condition prevents you from holding any gainful employment, even a lesser job than what you had before the disability. Certain disabilities automatically qualify for benefits, while others require proof from doctors, psychologists, or vocational specialists. Our firm helps you assemble the necessary documentation to win your appeal.

What if the SSA says I don't meet the definition?

If necessary to a successful determination, Mr. Ervin can help you arrange an independent medical evaluation (IME).

How long does it take to get Social Security Disability?

Several months to a few years. In South Carolina, the understaffed SSA has a huge backlog of cases, with no new judges hired in recent years. Mr. Ervin uses all his skills and knowledge to move your case through the system as quickly as possible. Typical timelines:

Initial application — decision time in 3 to 6 months (you have only 60 days to appeal your initial denial)
Reconsideration — another 3 to 6 months (with 60 days to appeal your reconsideration denial)
Administrative Law Judge (ALJ) Hearing — as much as 24 months to get your appeal made
Appeals Council and Federal Appeals — can take up to 12 months or more at each stage

Can I get Workers' Compensation AND Social Security Disability?

Yes. You can receive both benefits at the same time, although there is an offset (a reduction of SSDI benefits while you are receiving temporary disability through your employer). Our firm, Kathryn Williams, P.A., handles Workers' Compensation claims as well. If we already have your medical records, a seamless efficient transition to your Social Security claim can normally be accomplished. We also can minimize the future offset in most cases.


More Questions? Contact a Veteran SSDI Lawyer

Tom Ervin has practiced law in South Carolina since 1977 and is an active member of the National Organization of Social Security Claimants' Representatives (NOSSCR). For more answers to frequent questions, visit the NOSSCR Web site.. Contact Mr. Ervin directly at 1-888-377-1537. In your free initial consultation, he takes the time to listen to your situation and answer your questions.


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The Greenville, South Carolina, law firm of Kathryn Williams, P.A., assists injured workers, Social Security Disability applicants, and auto accident victims throughout the Upstate and Piedmont regions, including Spartanburg, Anderson, and other communities of Greenville County, Spartanburg County, Anderson County, Oconee County, Pickens County, Laurens County, Newberry County, Abbeville County, Cherokee County, and Union Counties.