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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If my home Is Paid For how Will This affect Social Security Disability?

Many people think that Social Security disability is just for individuals who have no assets or income, and that having a home or money prevents them from being eligible to receive disability benefits from Social Security.

However, Social Security disability is not a need based disability program; it is based upon an individual’s earnings over their lifetime prior to becoming disabled and the insured status that comes from their work activity (if an individual has worked enough, they can earn up to four quarters of coverage per year). Additionally, an individual’s age is what determines how many quarters of coverage they need to be insured for disability. There are also special rules in place to give insured status to younger individuals who have not had a long work history---however even younger individual’s have to have at least six quarters of coverage to be insured for Social Security.

So how is it that individuals become confused about the issue of assets such as homes, and Social Security disability entitlement? Well, there is a simple and possible answer. Social Security also administers a need based disability program called Supplemental Security Income or SSI. SSI disability is based upon financial need rather than insured status. In fact, an individual can be uninsured, never have worked, or even be a child and still potentially be eligible for SSI disability benefits, because SSI is based upon an individual's--or individual’s parents--income and resources.

If an individual has income and resources that are under certain limits set by Social Security, they may be eligible for disability benefits provided that they are determined to be medical disabled.

However, even in the SSI program an individual’s home does not count against them as long as they live in it. The fact that your home is paid for has no bearing on your eligibility for Social Security disability, and if you live in your home it does not affect your eligibility for SSI disability benefits either.

The difference between the SSI program and Social Security disability is that SSI excludes the home you live in, but would count other real property toward an asset limit when it comes to determining your non-medical eligibility. Yet, you could have ten houses paid for and still be eligible for Social Security disability benefits if you have insured status and you are determined disabled by Social Security.







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Can I Apply For Disability If My Husband or Wife Gets Disability?

Social Security does not deny any individual the right to apply for disability; consequently, an individual can apply for disability even if their husband or wife gets disability.

However, Social Security manages two disability programs: one based upon insured status and the other based upon need. If an individual is insured for Social Security disability, it does not matter if their husband or wife is receiving disability benefits or what the amount of their husband or wife’s disability benefit amount is. Social Security is not based upon need; therefore there is no limit to the amount of income in the household.

This is not the case with the need-based Supplemental Security Income disability program. An individual whose husband or wife gets SSI disability can file for disability and even be medically approved for benefits. Unfortunately, if the individual is approved for SSI disability, their spouse’s SSI benefit must be taken into consideration. There is a maximum amount of income that couples can receive on SSI. Additionally, if your spouse is receiving SSI benefits and you become entitled to Social Security benefits there is a good chance that your income will stop her or his entitlement to SSI disability.

In review, anyone can apply for disability even if their husband or wife is receiving disability benefits from Social Security. But there are certain restrictions placed upon individuals and couples that are receiving Supplemental Security Income (SSI) disability benefits because SSI is a need based disability program.




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