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Social Security Disability Benefits Law

The rules and regulations regarding Social Security disability benefits are lengthy and complex and can be confusing to many people. The following information is intended as an overview of Social Security disability programs. An experienced attorney can help you through the sometimes cumbersome process of applying for Social Security disability benefits and appealing an adverse decision.

What is SSI and SSDI?
The Social Security Administration (SSA) offers two programs for disabled individuals, Social Security Disability Insurance (SSDI), sometimes referred to as Title II benefits under the Social Security Act, and Supplemental Security Income (SSI). Even though the two programs are different in many ways, both are administered by the SSA and only individuals who have a disability and meet certain 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 you have worked long enough and paid Social Security taxes.

Supplemental Security Income (SSI) pays benefits based on financial need. If you get SSI, you usually receive food stamps and Medicaid. Medicaid helps pay for doctor and hospital bills.

When you apply for either program, the SSA will collect medical and other information from you and make a decision about whether or not you meet Social Security's definition of disability

Am I disabled?
The Social Security Administration (SSA) defines disability differently than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for a short-term disability. Disability under Social Security law is based on your inability to work. The SSA considers you disabled under its rules if you cannot do work that you did before, and it decides that you cannot adjust to other work because of your medical condition(s). Your disability must also last or be expected to last for at least one year or result in death. This is a strict definition of disability. The SSA program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workmen's compensation, insurance, savings and investments.

Who Receives Benefits?
When you start receiving disability benefits, certain members of your family may also qualify for benefits as a result of your disability. Each family member may be eligible for a monthly benefit that is up to 50 percent of your disability rate; however, there's a limit to the total amount of money that can be paid to a family on your Social Security record. The limit varies, but is around 150 to 180 percent of your disability benefit. If the sum of the benefits payable on your account is greater than this family limit, the benefits to the family members will be reduced proportionately. Your benefit will not be affected. The following individuals may qualify for benefits: spouse, divorced spouse, children, disabled children.

Your child, if eligible for benefits, can be your biological child, adopted child or stepchild. A dependent grandchild may also qualify. Normally, benefits stop when children reach age 18, unless they are disabled; however, there are exceptions to the general rule.

The information on this Web site is not legal advice, but for informational purposes only. Please read the full disclaimer.

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