Does Social Security Disability differ from State to State?

Social Security disability is a federal disability program that has uniform rules and regulations which determine factors of entitlement, how medical decisions are processed, and how benefit amounts are determined. In fact, Social Security has to make all things uniform to ensure that all disabled individuals receive a fair disability determination no matter where they live in the country.

Social Security uses state disability agencies (usually called DDS, or disability determination services) to make their medical determinations, and all state disability agencies use the same disability handbook titled “Disability Evaluation Under Social Security” to direct certain disability determination decisions (those in which a "listing" for a specific mental or physical impairment is met or equaled).

In most states the disability appeal process is about the same, however there are a few states involved in Social Security disability pilot programs that may have a somewhat altered appeal process in that they have do not follow the usual progression of reconsideration appeal, social security hearing appeal, and appeals council review appeal. In the pilot states, the appeal process has been streamlined to omit the reconsideration appeal, which has often proven to be, from the standpoint of the claimant and a claimant's representative, an appeal of little consequence.

Social Security determines what an individual’s insured status and benefit amount will be, based upon an individual’s yearly earnings prior to the onset of their disability (when they became unable to work). No matter what state you live in, your Social Security disability benefits will be determined the same way. Since this is the case, Social Security disability beneficiaries are able to move from state to state without affecting their Social Security disability benefits.

Since 1976, Social Security has administered two disability programs: Social Security disability and Supplemental Security Income (SSI). All of the above information applies to both programs...except for the fact that SSI is a need based program that is not based upon insured status and an individual's earnings do not determine the disability benefit amount they receive each month, and from year to year.

SSI maximum monthly benefit amounts are set each year by the Social Security Administration. And the actual amount an individual is able to receive is affected by their living arrangements (household) and income. Additionally, some states offer subsidies that increase what an SSI beneficiary might receive each month while other states provide no additional subsidies.





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