Q. What kind of disability benefits does Social Security pay?
People who are severely disabled may be eligible for monthly benefits under one or more of the programs overseen by the U.S. Social Security Administration. Both the Social Security program and the SSI program provide a monthly income for people with severe disabilities. However, the eligibility requirements for the two programs are different.
The Social Security program pays benefits to disabled or retired workers and their families and to the families of deceased workers. To be eligible for Social Security disability benefits, you must be disabled and must have earned a minimum number of credits from work covered under Social Security. (The required number of credits varies, depending on your age at the time you became disabled.)
The SSI program provides monthly income to people who are age 65 or older, or are blind or disabled, and have limited income and financial resources. Generally, to be eligible for SSI, an individual also must be a resident of the United States and must be a citizen or a non-citizen lawfully admitted for permanent residence. Also, some non-citizens granted a special status by the Immigration and Naturalization Service may be eligible.
Q. What is the difference between Social Security disability and SSI?
Social Security disability insurance is a program that workers, employers and the self- employed pay for with their Social Security taxes. You qualify for these benefits based on your work history, and the amount of your benefit is based on your earnings.
SSI, on the other hand, is a program financed through general tax revenues-not through Social Security trust funds. SSI disability benefits are paid to people who have a disability and who do not own much or have a lot of income.
Q. What are the disability requirements for an adult?
The definition of disability under Social Security law is a strict one. To be eligible for benefits, a person must be unable to do any kind of substantial gainful work because of a physical or mental impairment (or a combination of impairments), which is expected either to last at least 12 months or to end in death.
If, because of a medical condition, a person cannot do the work that he or she performed in the past, then age, education, and past work experience must be considered in determining whether the person can do other work. If the evidence shows that the person can do other work, even if it involves different skills or pays less than their previous work, that person cannot be considered disabled for Social Security purposes.
The S.S.A. uses a step-by-step process to determine whether you will qualify as being disabled. The process includes the following five questions:
- Are you working?
If you are and your earnings average more than $700 a month, you generally cannot be considered disabled.
- Is your condition severe?
Your impairments must interfere with basic work-related activities for your claim to be considered.
- Is your condition found in the list of disabling impairments?
The S.S.A. maintains a list of impairments for each of the major body systems that are so severe they automatically mean you are disabled. If your condition is not on the list, the S.S.A. will decide if your impairment is of equal severity to an impairment on the list. If it is, your claim is approved. If it is not, the S.S.A will go to the next step.
- Can you do the work you did previously?
If your condition is severe, but not at the same or equal severity as an impairment on the list, the S.S.A. must determine if it interferes with your ability to do the work you did in the last 15 years. If it does not, your claim will be denied. If it does, your claim will be considered further.
- Can a person perform any other type of work?
If you cannot do the work you did in the last 15 years, the S.S.A determines if you can do any other type of work. The S.S.A. considers your age, education, past work experience, and transferable skills, and they review the job demands of occupations as determined by the Department of Labor. If you cannot do any other kind of work, your claim will be approved. If you can, your claim will be denied.
Note: The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. Any email sent via the Internet using email addresses listed in this web site would not be confidential and would not create an attorney-client relationship.