North Dakota Social Security Disability Attorney

What Is the Difference Between SSDI and SSI?

Social Security disability insurance (SSDI) and Supplemental Security Income (SSI) are both federal programs that provide financial support to people with disabilities. However, they serve different purposes. 

SSDI is work-based and provides benefits to individuals who have earned enough Social Security work credits through employment. SSI is need-based and offers financial assistance to individuals with limited income and resources, regardless of work history.

Understanding which program you may qualify for can be confusing, making it imperative to have a knowledgeable lawyer on your side. Our attorney can explain how each program applies to your specific situation and guide you toward the best path for your application or appeal.

How Soon Can I Receive Disability Benefits? 

The wait time for disability benefits depends on the type of program and the severity of the condition. SSDI benefits are subject to a mandatory five-month waiting period. However, if the individual has a “presumptive disability” or is eligible for a compassionate allowance, benefits may begin sooner.

The Compassionate Allowance Program (CAL) allows the Social Security Administration (SSA) to expedite approval for qualifying applicants, including individuals with certain cancers, adult brain disorders, and rare disorders affecting children. This program can be applied to both SSI and SSDI.

How Do I Apply for Social Security Disability?

Applying for disability can feel overwhelming, especially while managing a serious illness or injury. Seeking legal guidance is paramount to navigating critical deadlines, paperwork, and eligibility requirements. 

We can guide you through each step of the application process, including: 

1. Collect medical and work records. We can help you gather documentation from providers, hospitals, and employers that clearly demonstrates your disability and work history.
2. Prepare and submit your application. We can help you complete your SSD application and include supporting details that accurately reflect your medical condition and work limitations.
3. Provide supporting evidence. Our firm can assist with submitting the necessary medical records, treatment notes, and provider statements to strengthen your claim.
4. Respond to SSA requests. If the Social Security Administration (SSA) requests additional information or documentation, we can handle communications promptly to avoid delays.
5. Manage appeals. If your claim is denied, we can represent you through reconsideration or appeals and present your case effectively to pursue a successful outcome.

What Medical Conditions Qualify for Social Security Disability?

SSD benefits are available to individuals with medically documented physical or mental conditions that prevent them from performing substantial work for an extended period. The SSA maintains a list of impairments (“Blue Book”) to evaluate claims. 

Some qualifying conditions include (but are not limited to):

• Advanced forms of cancer.
• Respiratory disorders, such as COPD and asthma.
• Mental health conditions, such as depression, anxiety, and schizophrenia.
• Musculoskeletal disorders, such as severe back injuries and joint problems.
• Cardiovascular conditions, such as heart failure and coronary artery disease.
• Neurological disorders, such as epilepsy, multiple sclerosis, and Parkinson’s disease.

Keep in mind that this is not a comprehensive list. Even if your condition is not specifically listed, you may still qualify for SSD benefits if the condition significantly limits your ability to work. We can evaluate whether your condition meets SSA criteria and present a compelling case on your behalf. 

What Is the SSA’s Definition of Substantial Gainful Activity (SGA)?

The SSA uses substantial gainful activity (SGA) as a benchmark to determine eligibility for SSD benefits. SGA is defined as significant physical or mental activity for pay or profit. If your condition prevents you from performing work at this level, you may qualify for benefits. Our attorney is well versed in these legal nuances to present an effective claim that clearly shows how your condition limits your ability to engage in SGA.   

Can I Work While Receiving SSD Benefits?

It’s possible to work while receiving SSD benefits, but there are certain restrictions. The SSA allows trial work periods that test your ability to work without immediately losing benefits, so you can earn a certain amount of monthly income while still receiving SSD payments. It’s important to report all work activity and income accurately to avoid exceeding SSA limits. Our lawyer can help you understand how work may impact your claim and advise you on managing employment activity while maintaining eligibility.

Do I Need a Doctor’s Statement to Apply for Disability?

Medical documentation is an essential part of an SSD application. While a formal “doctor’s statement” is not explicitly required, the SSA requires detailed records from healthcare providers that demonstrate your treatment history, the nature and severity of your condition, and how it limits your ability to work. We can help you gather and organize medical records, communicate with providers if needed, and present information that clearly supports your SSD claim.

What Are Common Reasons for Denied SSD Claims?

SSD claims have a high denial rate in the initial application phase. In 2020, the SSA denied 67 percent of disability claims, followed by a significant and unexplained increase in denials in 2025. Experts warn that these trends could mean some applicants are being discouraged or rejected before they have a fair chance, making it all the more crucial to work with a qualified SSD attorney.

Below are some common reasons for SSD claim denials: 

• Incomplete or insufficient medical evidence. Claims are often denied when records do not fully document how a condition limits your ability to work.
• Failure to clearly connect medical evidence to work limitations. The SSA requires evidence that your condition prevents substantial gainful activity.
• Short or inconsistent work history. Some applicants are denied because they do not have enough Social Security work credits.
• Errors in paperwork or missing information. Even minor mistakes on forms or missing documentation can trigger a denial.
• Lack of follow-up or timely responses. Delays in providing requested evidence or responding to SSA inquiries can negatively affect a claim.
• Non-listed conditions or marginal cases. Conditions that do not precisely match Blue Book criteria are increasingly subject to stricter scrutiny.

At Ficek Law, we can help you navigate this shifting legal landscape, avoid potential pitfalls, and advocate for your rights at every step. 

While applying for SSD benefits can be intimidating, having legal guidance can make a meaningful difference in the outcome of your case. Call (701) 436-2461 to schedule a free consultation.