Atticus offers free, high-quality disability advice for Americans who can't work. Our team of Stanford and Harvard trained lawyers has a combined 15+ years of legal experience, and have helped over 10,000 Americans apply for disability benefits.
Disability benefits are life-changing. But the process of getting them is needlessly complex.
Most clients we work with are confused about when to apply, how to apply, and what programs they should bother applying for.
We’ll break down everything you need to know about disability benefits in South Dakota. And we’ll share a few tips that can help maximize your chances of winning the financial assistance you’re entitled to.
South Dakota doesn’t have a state-wide disability program (only five states do). But South Dakotans can still apply for, and qualify for, private or national disability benefits.
Here are the most common:
For the rest of this article, we’re going to focus on SSDI and SSI. These are the programs most people talk about when they consider “getting on disability” — and they’re the ones most people qualify for.
It’s often necessary to apply for SSDI and SSI when trying to qualify for other programs (like most long-term disability plans). Or, they’re advantageous to apply for in conjunction with other programs (like VA benefits).
While being medically disabled is a requirement for SSDI and SSI — there are technical requirements (work and income) that are just as important for approval. Here are the basic qualifications.
To qualify for SSDI benefits, you must:
To qualify for SSI, you must:
More on qualifying for SSI here.
Any medical condition that prevents you from working for at least a year can qualify for disability.
Amongst these the most common conditions to qualify in South Dakota were:
Amongst the mental disorders the most common conditions were:
If your condition falls into any of these categories and prevents you from being able to work, the SSA will likely award you disability benefits. If you have a particularly severe condition (stage 4 cancer, ALS), you may be on the compassionate allowance list — which automatically qualifies you for benefits, if you meet the work or income requirements.
You can apply for disability benefits with the help of a lawyer, or on your own. Most often, you’ll file the application, and be asked to submit some supplementary documentation on your work history, your day-to-day functioning, and the treatment you receive for your condition.
There are three ways to submit an application for disability benefits:
If you’re not applying with a lawyer, it’s generally helpful to apply at the SSA office. They won’t give you legal advice, but can advise you on how to answer the application questions accurately.
It takes most people hours to submit an application because of the documentation needed.
Here’s what you’ll need to do to submit an application:
If you’re working with a lawyer, they should fill out your application for you (the right way), and confirm receipt with the SSA. (If you’d like more advice on how to fill out the initial application, or how you can find the right lawyer — Atticus gives legal advice for free).
While some people have their application accepted at the initial decision stage — most people (~69.3%) are rejected, and have to file for reconsideration. About 91% of reconsiderations are also rejected, and applicants request a hearing with an administrative law judge.
At a hearing, nearly 50% of people win benefits — and your odds increase threefold if you work with a lawyer. We wrote at length about what to expect at a hearing and your chances of winning your appeal.
Given how frequently initial applications are denied, it can take several months to a year or more to get your claim approved.
In 2022, to receive an initial decision took an average of 6.1 months (184 days).
The time to process your reconsideration took 6.1 months (183 days).
The time you wait for your hearing date depends on your SSA hearing office. The SSA Hearing office located in Sioux Falls, South Dakota is a satellite office for the office located in Fargo. In Fargo, the wait for a hearing is about 8.0 months.
Adding up the above, it takes 1.35 years to get disability benefits in South Dakota — plus any additional time you take to send in additional paperwork, file reconsideration, and request a hearing. Most applicants will take around two years to go from application to final decision.
Sending the SSA your documentation as soon as possible is the only way to speed up this process — so it’s important to meet deadlines, and get forms and medical records their way as fast as possible. Your lawyer can help you stay on track, and will call to confirm the SSA has all the information they need.
The average monthly benefit for SSDI recipients in South Dakota is $1,265.47 per month according to the most recent SSA data. This was slightly less than the nationwide average but well below the maximum benefit of $3,627 for 2023.
It’s easy to learn exactly what you would qualify for by signing up for an SSA.gov account. To check your potential benefit amount, and your SSDI work-history eligibility:
The maximum you can receive from SSI in 2023 is $914 per month. The average monthly SSI payment in South Dakota is $596.00.
The SSA calculate your monthly payment amount by subtracting any other regular monthly income you have from the maximum amount. So you’ll either get an SSI check of $914 or you'll get one that's worth $914 minus other income sources (stocks and investments, SNAP benefits, part-time work, etc.).
When you’re applying, disability attorneys can save you from critical application missteps and save you weeks of paperwork. At the hearing stage, they’ll cross examine witnesses from the state and help you make the best possible case before a judge. Overall, applicants with a lawyer on their side are three times more likely to win benefits than those without.
If you’re looking for a South Dakotan disability lawyer on your own, consider these key criteria before hiring:
It can be challenging to suss out great lawyers from mediocre lawyers without a legal background. If you’d like to be matched with a lawyer who’s a great fit for your claim, Atticus can help (for free).
We’ve spent years vetting disability lawyers and have built a network of legal teams (chosen from the top 5% of firms). We trust them to treat our clients well, and to win their cases. If you want our help evaluating the right disability lawyer for you, sign up here.
To qualify for disability you need to have a condition that prevents you from working for at least a year. You’ll also need to meet certain work history requirements (for SSDI) or be within certain income limits (for SSI). For more on these requirements, read our full write up here.
Any condition that will prevent you from working for a year or more can qualify for disability benefits. Some of the most common conditions include musculoskeletal disorders, mental disorders, nervous system diseases, and circulatory system diseases. See our full list of conditions that qualify here.
It takes an average of 6.1 months to get an initial disability decision in South Dakota. Most people who apply are initially rejected, and need to appeal this decision. If you appeal and go to a hearing, the process takes around two years on average. Read more: How Long It Takes to Get Approved for Disability Benefits
The average SSDI payment in South Dakota is $1,265.47 per month. The average SSI payment is $596.00 per month. What you’ll earn is dependent on your income, or the amount you’ve historically paid into the Social Security program. Read more on what amount you can expect.
Answer the application questions truthfully, consistently, and succinctly. You should also ensure that you gather and submit all your medical records with your application. The SSA paperwork can be complicated, so our legal team has written a full guide to the application here.
No, South Dakota doesn't have a state disability program. Only five states (California, Hawaii, New Jersey, New York, and Rhode Island) have a state program. Residents of South Dakota can apply for federal disability programs (SSDI and SSI). Read more about SSDI and SSI here.
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