415+ Google Reviews
Between Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI), it is harder to secure SSI benefits due to the limited income and resources requirements of that program.
Even though both programs use the same Social Security Administration’s disability medical standards and require applicants to be unable to achieve substantial gainful activity (SGA) for at least 12 months, SSDI is often easier of the two. SSDI applicants must show that they earned enough work credits to receive disability benefits. SSI applicants, on the other hand, have a much harder time meeting the program’s stringent income restrictions.
In general, securing social security disability lawyer in Rutherfordton benefits from either program can prove to be difficult, and most initial attempts result in denial.
Continue reading to learn more about Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) and the challenges those seeking benefits can face.
SSI and SSDI Have the Same Medical Qualifications
To draw Social Security before retirement age, you must have a qualifying disabling medical condition. The Blue Book lists ailments the Social Security Administration (SSA) already considers disabling. The Blue Book list includes, but is not limited to, the following:
- Multiple sclerosis (MS)
- Parkinson’s disease
- Huntington’s disease
- Early-onset Alzheimer’s
- Mental illness
- Personality disorders
- Cancer
- Cardiovascular conditions
- Kidney and liver disease
- Organ transplant
- Amputation
- Severe burns
- Traumatic brain injuries
- Spinal cord injuries
You can also seek disability benefits for conditions not in the Blue Book. However, you must provide medical evidence with your claim establishing that your medical problem is equally severe and as debilitating as those included.
In addition to meeting the medical requirements, your condition must be expected to keep you from performing substantial gainful activity (SGA) for at least 12 months. The 2024 SGA limit is $1,550 ($2,590 if you are blind). If you can earn this or more on average each month, you are not eligible to receive disability benefits according to the SSA’s definition.
SSI and SSDI Have Different Income and Employment Requirements
The difference between the two programs is in income. SSI and SSDI have different eligibility requirements regarding income and work history. Sometimes, these requirements can make getting SSDI easier. However, you will need to submit your employment information when you apply for the program.
SSDI Eligibility Depends on Your Work Credits
SSDI is for disabled workers who have earned work credits through taxes on their wages or self-employment income. You usually need a minimum of 20 credits earned over the previous 10 years to qualify, but older workers may need more, and younger workers may need fewer.
You must send the SSA information about your taxes and employment history to prove your work credits. This paperwork can often span decades and may be time-consuming to track down.
SSI Is Financially Based
You do not need work credits to qualify for SSI. However, it is a needs-based program for disabled individuals with limited income and financial resources. According to the SSA, eligible applicants usually cannot earn more than $1,971 in monthly wages or possess more than $2,000 in additional assets ($3,000 for a married couple).
These financial limitations are what makes SSI harder to qualify for between the two programs. Your Social Security Disability attorney can review your case and determine which of the two programs you have a better opportunity to receive.
Personal Injury Lawyer Near Me 828.286.3866
SSDI Beneficiaries May Be Eligible for Higher Monthly Payments Than SSI Recipients
SSDI beneficiaries may receive higher monthly payments on average than those receiving SSI. That’s because SSDI can vary depending on your work credits and the age at which you start collecting payments. Usually, the more work credits you have, the higher your payment. The average monthly SSDI benefit in 2024 is $1,537.
There is a set federal maximum rate for SSI beneficiaries. The maximum 2024 SSI payment is $943 for an individual and $1,415 for a couple. Some states, including North Carolina and South Carolina, provide an SSI supplement. Our firm’s disability attorneys can tell you more.
SSDI Generally Has a Longer Waiting Period Than SSI
SSDI beneficiaries must generally wait five months after the SSA determines they are disabled before receiving payments. The waiting period for SSI is about a month.
In addition, SSDI recipients automatically qualify for Medicare, but there is a mandatory 24-month waiting period. SSI beneficiaries automatically qualify for Medicaid, but their coverage begins the same month as their disability benefits.
Furthermore, SSDI applicants can seek back pay and retroactive benefits for 12 months prior to the established onset date (EOD) of their medical condition. SSI applicants can only collect back pay dating back to the date of their application.
When Should You Apply?
You can and should apply for Social Security Disability immediately if you have a medical condition that keeps you from working. You do not have to wait until you cannot earn SGA for 12 months.
What If Your SSDI or SSI Application Gets Denied?
If the SSA denies your application for benefits, you can appeal. You can also appeal if you dispute your payment amount or payments get revoked. You have 60 days from receiving notice of an SSA decision to begin the process and 60 days between each stage of appeal to move your claim forward.
The four stages of appeal are as follows:
- Reconsideration. You can ask that an SSA official not connected with your claim’s original determination review your case. You can ask for a review for medical or non-medical reasons.
- Administrative Law Judge (ALJ) hearing. You can ask an ALJ to hear your case. During this official proceeding, you can introduce evidence and witnesses. The Administrative Law Judge can also question you. You can have an attorney represent you throughout.
- Appeals Council review. You can appeal the ALJ ruling. The Appeals Council can make a new determination or refer your claim back to an Administrative Law Judge.
- Federal Court review. If the Appeals Council refuses to hear your case or decides against you, you can file a case in U.S. District Court.
Can Working With a Lawyer Make Receiving Benefits Easier?
The Social Security Disability lawyers from our law firm can use their legal knowledge and case experience to streamline the process of applying for benefits. We can also help you avoid common mistakes that can result in a denied claim or an unsuccessful appeal. Our legal team can:
- Review your application
- Find and submit medical and legal evidence to support your eligibility
- Manage your appeal
- Track and follow deadlines
- Prepare your case for court if necessary
Contact Farmer & Morris Law, PLLC for SSI and SSDI Claims Assistance
It can be hard to secure SSI and SSDI benefits. Fortunately, Farmer & Morris Law, PLLC is here to guide you. Our Social Security Disability attorneys serve clients in North Carolina and South Carolina from four convenient locations. We take cases on contingency, meaning we charge nothing upfront or out of pocket.
Contact us today for a free, no-obligation consultation.
