How long can you stay on social security disability? Once you are approved for Social Security disability benefits in Illinois, you will continue to receive your benefits as long as you remain disabled with a qualified medical condition. If your medical condition improves, or you return to work, the Social Security Administration may no longer consider you eligible for SSDI benefits.
Do you qualify for Social Security disability? Ankin Law in Chicago can help you get SSDI benefits. Call us today for a free case review at 872-529-9377.
Social Security Disability in Illinois
In Illinois, a person who becomes disabled from injury or illness can file a claim for Social Security disability benefits through two federal programs– Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). The Social Security Administration oversees both programs that provide financial assistance to people with disabilities. The main difference between the two programs is eligibility requirements.
Social Security Disability Insurance (SSDI)
SSDI pays disability benefits to workers a nd their family members when the worker has accumulated a sufficient number of work credits. To be eligible for SSDI, a worker must have worked long enough to accumulate a sufficient work credits and pay Social Security taxes. SSDI is financed with Social Security taxes paid by workers, employers, and self-employed persons.
The amount of monthly benefits is based on the Social Security earnings record of the insured worker. The amount of earnings required for a work credit changes each year. In 2024, 1 work credit is earned for every $1,730 in wages. Generally, 40 work credits are required to qualify for disability. After receiving disability insurance benefits for two years, the worker will automatically qualify for Medicare. If SSDI benefits are approved, they are payable to the following:
- Disabled or blind workers under the age of 65
- The worker’s spouse or widower
- The worker’s children
- Adult family members disabled from childhood
In Illinois, once you file your application, it can take up to 90 days to receive a decision. DDS will review your application, your medical condition, and your work history. Once a decision is reached, you will receive a letter by mail stating whether your benefits are approved or denied.
Age is not a determining factor for SSDI eligibility. However, age can have some impact. People over the age of 50 are twice as likely to be approved for benefits, and people over the age of 60 are three times as likely to be approved.
Supplemental Security Income (SSI)
Supplemental Security Income (SSI) disability is based on an applicant’s financial needs rather than a prior work history. SSI benefits are available to low-income individuals with a prior work history or no work history. SSI is financed through general tax revenues and is not dependent on work credits.
To be eligible for SSI benefits, a person must be a United States citizen or national and have limited income and resources for living requirements. The monthly benefit payment varies up to the maximum federal benefit rate, which may be supplemented by the state. In most states, beneficiaries are also automatically eligible for Medicaid. If benefits are approved, they are payable to the following:
- Adults who are 65 years of age or older
- Adults who are disabled or blind
- Children who are disabled or blind.
In Illinois, the Bureau of Disability Determination Services (DDS) is the state department that makes the initial determinations about eligibility for SSDI and SSI disability benefits. When an application is submitted, DDS reviews the application, gathers the applicant’s medical information, and schedules a consultative examination (CE) for the applicant. A CE is a medical examination that is conducted by a licensed physician who is hired by the Social Security Administration. The CE is an important factor in determining your eligibility for benefits and how long can you stay on Social Security disability.
What Is the Duration of Social Security Disability Benefits?
When DDS approves your Social Security disability claim, benefit payments usually begin in your 6th month of disability. According to law, your payments can’t begin until you have a disability for at least 5 full months. Once you start receiving payments, your benefits will continue as long as your medical condition does not improve, and you don’t return to work. When you are receiving disability benefits, you are responsible for notifying DDS or the Social Security Administration of the following:
- Your medical condition improves
- Your ability to work changes
- You return to work
If your medical condition improves, and you can return to work and perform substantial gainful activity, the Social Security Administration will likely discontinue your disability benefits.
In most cases, if you request Expedited Reinstatement, your benefits can be reinstated without having to complete a new application. While your case is under review, you can receive temporary benefits for up to 6 months. Temporary benefits will include cash payments and Medicare or Medicaid coverage.
According to federal law, the Social Security Administration is required to review disability cases regularly. When it’s time for your case review, the SSA will notify you and keep you informed about your benefit status. The most common reasons for stopping benefits are improvement in a medical condition, a return to work, and incarceration. If you remain disabled until the age of 65, you can keep your benefits until you reach retirement age. At that point, your Social Security Disability payments will revert to Social Security Retirement payments.
Living on Social Security Disability in Illinois
When you have a disability and can’t work, you rely on Social Security disability benefits to pay your mortgage, credit card, household expenses like groceries, water, electricity, and other monthly expenses. In 2024, the average SSDI benefit payment for an individual is $1,537 per month, but about two-thirds of SSDI recipients get less than that. For recipients who have a spouse and children, the average payment is $2,720. In Illinois, the average SSDI benefit payment is $1,738.
If you live in Illinois and you are disabled and can no longer work, you have likely already applied for Social Security disability benefits (SSDI). If you have not filed an application, or you are waiting on a decision, Social Security disability attorneys can help you through the process and explain how disability works. When you apply for SSDI benefits, you must have a medical condition that lasts at least 12 months. There is also an automatic 5-month waiting period to receive benefits after you are approved. During this period, you may be able to file for SSDI back pay, the amount of disability benefits that were held up during the approval process.
To qualify for SSDI back pay in Illinois, you must meet the following four criteria:
1. You must be 66 years old or younger.
2. You must meet the SSA work credit requirements based on the amount of taxes you have paid into Social Security. You are likely to qualify for benefits and back pay if you have worked at least five of the last 10 years.
3. You must have a medical condition that qualifies for disability under the SSA guidelines.
4. You must have a medical condition that lasts for at least 12 months or be considered a terminal condition that is expected to result in death.
There are two types of Social Security back pay – SSDI Back Pay and SSDI Retroactive Pay. While they sound like the same thing, they are not. If you need to file for back pay, an attorney can explain the legal requirements and the differences between the two plans.
If you need to file a claim for SSDI back pay, Social Security disability attorneys can speed up the process because they understand the legal requirements and work directly with the Social Security Administration on your behalf. An experienced disability attorney can explain the SSDI filing requirements, important waiting periods, and the back pay process. If your initial SSDI claim is denied, your attorney can file an appeal on your behalf to get your claim reviewed.
How Long Does It Take to Receive SSDI Back Pay in Illinois?
If you’re approved for Social Security disability, you will get all the SSDI back pay you are entitled to with your first disability check, which is usually received within 60 days after approval. There is no reason to wait to apply for disability to get more back pay. Back pay does not change the total amount of benefits you receive, it just means you get more benefits at once in a lump sum payment.
If you need help with Social Security disability in Illinois, contact us today. Our Chicago Law Office offers a free consultation on SSDI claims and benefits.
