Social Security Disability and Supplemental Security Income

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Benefits for People with Disabilities

The Social Security and Supplemental Security Income disability programs are the largest of several Federal programs that provide assistance to people with disabilities. While these two programs are different in many ways, both are administered by the Social Security Administration and only individuals who have a disability and meet medical criteria may qualify for benefits under either program.

 

Social Security Disability Insurance pays benefits to you and certain members of your family if you are “insured,” meaning that you worked long enough and paid Social Security taxes.

 

Supplemental Security Income pays benefits based on financial need.

 

Social Security benefits are not just for the elderly. Rather, anyone under age 65 can collect Social Security in the form of disability insurance benefits if they meet three criteria:

 

1.    They suffer from a severe disability or illness: AND

2.    This disability or illness has lasted or is expected to last for 12 months; AND

3.    They are insured for disability purposes.

 

 

Under Social Security regulations, a disability illness is severe if it prevents you from working for at least 12 months. You must be either physically or mentally unable to perform your past work as well as any work that exists in the national economy.

 

These benefits are called disability insurance benefits because you must be insured in order to qualify. This means that you must have worked a sufficient number of years at a sufficient rate of pay for an employer(s) covered by the Social Security Act. Virtually all employers are covered under the Act, with the exception of state and municipal employers and the federal government, prior to January 1, 1984.

 

Persons over age 31, must have worked 20 out of the last 40 quarters, which equals five out of the last ten years. Persons under age 31 must have worked at least half of the quarters between their 24^th birthday and their present age. Persons under age 24 must have worked for at least one and one-half years. The same rules apply to self-employed persons.

 

Social Security benefits are difficult, yet entirely possible to obtain. If you have a viable claim, persistence will eventually pay off. There are several levels at which a Social Security claim is adjudicated. Benefits can be granted or denied at any of these levels.

 

In order to pursue a Social Security Disability claim you must file an application at your local Social Security Office. You must do so in person, as your signature is required.

 

Generally, between 60-90 days after you file an application, the Social Security Administration will inform you, in writing, of their decision. Most disability applications are denied at the Application level. If your claim is denied, you must proceed to the next level and apply for Reconsideration within 60 days of the denial, or your claim is forfeited.

 

Your claim will remain at the Reconsideration level for approximately 60-90 days while the Social Security Administration makes its decision. Again, most disability claims are denied at the Reconsideration level. If you receive a Reconsideration denial, you must apply for a Hearing within 60 days. The hearings are judicial proceedings held before a federal administrative law judge. This is your day in court and you have the best chance of winning your claim at this level. Therefore, it is important to be prepared. You must testify at the hearing as to your pain, limitations, work experience and daily activities. You must present recent medical evidence concerning your disability. You may call your own witnesses and cross-examine the government’s witnesses.