Social Security Disability & SSI

If a health problem keeps you from working, you may be able to get monthly benefits from Social Security. Kevin Burke Law represents people from anywhere in the country in both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) cases. The consultation is free, and there is no charge to you unless we get you back benefits.

The process is long and complicated, and it is the same in every state. This page explains how it works, using the dollar amounts in effect for 2026.

Two programs: SSDI and SSI

Social Security runs two disability programs. They use the same medical rules but different money rules.

Social Security Disability Insurance (SSDI) is for people who have worked and paid Social Security taxes.

  • You generally need to have worked at least 5 of the last 10 years. Younger workers can qualify with less.
  • Work is counted in credits. In 2026 you earn one credit for each $1,890 you earn, up to four credits a year.
  • Your monthly payment is based on your own earnings record. In August 2026 the average payment to a disabled worker was about $1,636 a month.
  • SSDI does not look at your savings or what you own.

Supplemental Security Income (SSI) is for people with a disability who have little or no income and few resources, whether or not they have worked.

  • Your resources cannot be more than $2,000 for one person or $3,000 for a couple. The home you live in and one vehicle you use for transportation do not count.
  • In 2026 the most the federal government pays is $994 a month for one person and $1,491 for a couple.

Some people get both. If your SSDI payment is low and you meet the SSI limits, SSI can be paid on top of it.

What “disabled” means to Social Security

Under both programs, you must have a medical condition that keeps you from working and that has lasted, or is expected to last, at least one year or to result in death. The condition can be physical or mental.

How Social Security decides: five questions

Social Security answers five questions, in order.

  1. Are you working above the earnings limit? If you are, the claim is denied.
  2. Is your condition severe? It has to significantly limit your ability to do basic work activities.
  3. Does your condition meet a Listing? The Listings set out the medical requirements for different illnesses, including mental illness. If you meet or equal a Listing, you are found disabled.
  4. Can you still do the work you did in the past five years? If you can, the claim is denied.
  5. Can you do any other work? Here Social Security looks at your age, your education, your work experience and what you are still able to do.

Medical evidence and the consultative exam

Social Security decides your case on medical evidence.

If your own records are not enough, Social Security may ask you to see a doctor it chooses. This is called a consultative examination, and it is a normal part of the process. Social Security pays for the exam. It is often 40 or 50 miles from where you live, and we can provide transportation if you do not have it.

Back benefits: how far back payments go

SSDI. There is a waiting period of five full months after your disability begins before SSDI can start. (There is no waiting period if you have ALS.) Benefits can be paid for up to 12 months before the month you applied, if you were already disabled and otherwise qualified then.

SSI. SSI cannot be paid for any month before you apply. The earliest payment is for the month after the month you applied. A large SSI back payment is usually paid in up to three installments, six months apart.

Because both programs tie back benefits to the date of your application, waiting to apply can cost you money.

After you are approved

If you applied for SSI, there is one more step before you are paid. You will need to talk with Social Security about your living arrangements and finances. This matters: if you live in someone else’s household and they provide your shelter and all of your meals, the federal SSI payment is reduced by one-third. We can advise and assist you so you get the money you are entitled to.

Other Social Security disability claims we handle

  • SSI for children. A child under 18 can get SSI when a physical or mental condition severely limits the child’s activities and the family’s income and resources are within the limits. Part of the parents’ income is counted. At 18 the child is re-evaluated under the adult rules, and the parents’ income no longer counts.
  • Disabled adult children. A person whose disability began before age 22 can collect benefits on a parent’s work record once the parent retires, becomes disabled, or dies, without having a work record of their own.
  • Disabled widows and widowers. A surviving spouse who is 50 to 59 and disabled can collect survivor benefits on the deceased spouse’s record, if the marriage lasted at least nine months and they did not remarry before 50.
  • Disability reviews and cut-offs. When Social Security decides after a review that you are no longer disabled, you have 60 days to appeal. If you appeal within 10 days of receiving the notice, you can ask to keep receiving benefits while the appeal is decided.
  • Overpayments. If Social Security says it paid you too much, you can ask for a waiver (when the overpayment was not your fault and you cannot afford to repay it), appeal the amount, or ask for smaller withholding. If the waiver request or appeal is filed within 30 days of the letter, collection stops until a decision is made.

What a representative is allowed to charge

Social Security has to approve the fee in a disability case. Under the standard fee agreement, the fee is limited to 25 percent of your back benefits or $9,200, whichever is less. That cap took effect on November 30, 2024 and is still the cap in 2026.

At Kevin Burke Law the consultation is free, and there is no charge to you unless we get you back benefits.

How our office helps

We have experience with the entire process and work directly with Social Security, from applying online through an Administrative Law Judge hearing if that is necessary to get you benefits.

  • We help you file the application and gather the information Social Security asks for.
  • We can provide transportation to a consultative exam if you do not have it.
  • We write a detailed explanation to Social Security showing why you are disabled under its rules, including the Grids and the Listings.
  • We represent you at the hearing, and we look for witnesses, such as family members or service providers, who can also testify.
  • After you are found disabled, we advise and assist you with the SSI living arrangement and finances step.
  • We handle appeals, including the Appeals Council, as well as SSI claims for children, disabled adult child and disabled widow’s and widower’s claims, disability reviews and cut-offs, and overpayment waivers and appeals.
  • We use many ways to stay in touch through the months or years that a claim can take. Consultations are by phone, by video or in person, and we offer home visits in some cases.

What we can help you prepare for Social Security

Contact us and we can help you file and gather this information:

  • Social Security number
  • Date of birth
  • Mother’s maiden name
  • Address
  • Last place you worked, with start and end dates
  • What your duties were
  • A list of your past jobs
  • Why you feel you are unable to work
  • Whether you can do sedentary (seated) work
  • Whether you can lift 20 pounds
  • How far you are able to walk
  • Whether you can do your own shopping and cooking
  • Whether you need a cane, walker or wheelchair
  • A list of all your doctors, with names, addresses and phone numbers

Call for a free consultation

Call 814-807-0972 or use the contact form. The consultation is free for Social Security cases.

This page is general information as of 2026, not legal advice about your situation. Social Security changes its dollar amounts every January.