|
Many people who are turned down for social security disability insurance (SSDI) on reconsideration appeal may find themselves wondering if they should have filed for SSI instead. Is it any easier to win disability benefits for SSI than SSD? The answer to this question is, absolutely not, and even if it were easier it would make little difference in the matter, since claimants have no control over which program they apply to for benefits. The disability determination process is the same for SSDI and SSI applicants in almost all respects. In both cases, a disabled individual contacts the social security administration (SSA) and files for disability benefits, upon which the SSA claims rep (CR) determines under which program, SSD or SSI, a claimant is eligible for benefits. (Note: in some cases claimants are eligible for both, in which case a concurrent claim is filed, but again this is determined by SSA, not the claimants themselves.) After determining the program(s) under which an individual may be entitled to collect disability benefits, the CR transfers the case to the state disability determination services (DDS) agency, where it will be evaluated by a disability examiner. It makes absolutely no difference to the examiner if the claim is for SSDI or SSI—a disability case is a disability case. Unfortunately, the approval rate for SSI claims and reconsideration appeals is every bit as discouraging as that of SSDI claims—the majority of them are denied. However, SSI claimants, like SSD claimants, may file a second appeal to have their case heard before a federal administrative law judge. Again, it makes no difference to the judge from which program, SSD or SSI, an individual’s benefits will be drawn. How does a claims representative decide under which program to file a claim? Well, this decision is based on how long a person has worked. If you have put in a significant amount of time in the workforce, you are entitled to file for disability insurance. If you have not, or have a sporadic work history, or have been unemployed for a while (many stay-at-home moms fall in this category) you may file under SSI, if your assets total less than a given amount (determined by the SSA each year). The fact is, no one in the SSA or DDS gives any weight to the SSD, SSI distinction. Both types of applicants will have a difficult time being approved, and both types of applicants will have to demonstrate, with solid medical evidence, that their medical condition prevents them from being able to earn a living wage. 
Social Security Disability and SSI Disability Information
Disability Attorneys Help with Claims Free Case Evaluation |