Two Sources of Financial Help for People With Disabilities
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are separate and distinct programs sharing one common purpose ... helping Americans who are unable to work or support themselves because of a disability. These programs were not part of the Social Security Act originally when signed into law by President Franklin Delano Roosevelt, but were added in later years.
Both programs, SSDI and SSI, are run by the Social Security Administration (SSA), and are similar in other respects as well. The claims process is the same. The appeals process is the same. The basic age requirements and having a disability that will prevent you from doing any work for at least one year are the same as well.
Milam Law offers experienced legal help for SSDI and SSI claims alike. In fact, this is the only work we do. Call or contact us today for a free consultation. Our lawyers represent clients throughout California's Central Valleys.
How Do the Two Programs Differ?
SSDI is an insurance-based program funded by the Social Security taxes withheld from payroll checks. To be entitled to receive SSDI benefits, you must have worked sufficient years and paid Social Security taxes. There must be a total of 10 years of work except for younger individuals. And, you have to be disabled within 5 years of the date you stopped working, usually. And generally, the more you have worked, earned and paid into the system - the more compensation you will be eligible to receive if disabled.
SSI is a need-based program intended to help those who would not otherwise qualify for SSDI or whose SSDI payments would be very low. In general, people who have not earned enough work credits, those who never worked (like "stay home moms"), those who became disabled before they could work, and children with disabilities can obtain SSI benefits - provided their assets and income do not exceed certain limits.
What else should you know?
- SSI recipients are entitled to Medi-Cal benefits when found disabled; SSD recipients receive Medicare coverage but must wait up to 24 months after they become disabled before those benefits actually start.
- Lawful permanent residents may face special challenges to obtaining benefits from either program
- With SSI, only the individual who is disabled can obtain benefits; with SSD, the child of someone who has earned enough work credits can qualify
- You can work and earn money while receiving benefits from either program but the allowable earnings limits for SSD recipients are much higher than the limits for SSI recipients
- If you work while a claim is pending, many rules can apply. Generally, you can work up to three months and it not hurt your claim, particularly if you cannot continue working due to your disability. However, there are complex rules governing work efforts that last over 6 months, and all work efforts to some degree. For example, if you try to work, Social Security can view that effort as showing good motivation, but they can also see it as proof you can work if you try hard enough. It is a difficult area and each case is somewhat individual in nature, so a case-by-case consideration is needed, preferably by an attorney.
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