disability lawyers


What is Social Security Disability and what is SSI?





This question comes up now and then. And quite often I see a lot of mistaken assumptions about filing for disability with regard to SSD and SSI. So, at the risk of being redundant...

The Social Security Administration manages two disability programs: Social Security disability and Supplemental Security Income disability (SSI). Social Security disability income is based upon an individual’s earnings prior to becoming disabled. Basically, Social Security disability insured status is earned through an individual's work activity.

If an individual is not working or is working under the substantial gainful work amount, they may qualify for SSI. SSI is a need-based program, which is not based upon an individual’s work history or insured status. SSI is a disability program that is based strictly upon an individual’s income and resources.

Many individuals who file for disability will also qualify for SSI disability at least for the five month waiting period that Social Security disability benefits are never paid. Still others remain entitled to disability benefits on both programs. For those who are entitled to disability benefits from both programs simultaneously their disability benefit amount will never exceed the maximum SSI disability benefit amount.

Although, the non disability criteria are different, both disability programs use the same medical disability determination process. All individuals must complete a disability interview, which provides Social Security with an individual’s medical source and work history information. Once this information is gathered, the claim is sent to the Social Security state disability agency for a decision. If an individual is found medically disabled that decision will be for both programs. Keep in mind, that SSI recipients could potentially be found medically disabled but still be a denial if they do not meet the income and resource limits of the program.

If an individual’s disability claim is medically denied, all disability claimants must use the same appeal process, should they decide to continue their disability claim.

Finally, as to benefits...If a claimant is approved for social security disability, they will become eligible to receive medicare two years after their date of entitlement. Please note that this does not necessarily mean that a person will have to wait two years for medicare after learning they've been approved for social security disability. If a claimant is approved for SSI disability, they will be eligible in most states to receive medicaid coverage and with that comes the entitlement to a fixed number of prescriptions per month and doctor visits per year.








Social Security Disability and SSI Disability Information








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  • Filing for Disability in Different States


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  • Kansas Filing for Social Security Disability for SSI





    Social Security Lawyers in Various States


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