Thursday, October 4, 2012

The Difference between SSI and SSD and Why Can't I Get Disability?

The Difference between SSI and SSD and Why Can’t I Get Disability?
As mentioned in past blogs, there are two disability programs.  Social Security Disability (SSD) and Supplemental Security Income (SSI) are distinctly different programs.  SSD is income dependent, meaning a person must have worked a minimum amount of time in order to be insured for the SSD program.  SSI is income independent.

In order to draw SSI, one must have assets below specified income levels.  In an SSI claim, the more countable assets existing, the lower the SSI payment.  If they exceed the limit, usually $2000.00, this means you will receive no SSI benefits.

There are also 2 aspects to Social Security Disability (SSD), whether the claimant is insured overall and if a person is insured during the period for which disability would be an option.  Basically, the rule is a person can collect “Social Security Disability” (SSD) benefits if they became disabled during their “insured period” which means they must show they are disabled prior to their “date last insured”.

This particular technical requirement means, generally speaking, that one must have worked 20 of the 40 quarters prior to becoming disabled.  For instance, a person who last worked steadily in December 2005 would have a date last insured of December 31, 2010.

Unfortunately, many people are denied because of a failure to show they were disabled prior to their date last insured.  If their assets are over the income limit they are not eligible for SSI either.  This situation occurs most commonly in a sporadically employed spouse who becomes disabled but whose husband or wife makes too much money to qualify for SSI.  In that case there may be no benefits period no matter how disabled the claimant may be. 

 If you have any further questions regarding SSD or SSI, please feel free to contact us for a consultation with a disability lawyer at Drummond Law, LLC   1-800-842-0426.