Are you frustrated by the complexity of the SSI or SSDI application process?
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Social Security offers several disability programs : SSDI , SSI, Disabled Child’s, Disabled widows, and Disabled Adult Child. People commonly associate SSI with all forms of Social Security disability: that is wrong. It is better to think of the disability program as having separate doors. In general, except for disabled children the standard for disability is, ”the inability to perform any substantial gainful activity because of a medically determinable impairment that is expected to result in death within 12 months or to last for 12 months or more”. Of course, the rule is much more complex.
Who Qualifies for SSI?
SSI also called Title 16 is for people who did not pay their Social Security tax (FICA), and have less than $2000 of assets. It is a poverty program that includes the Medicaid medical benefit, MediCal in California.
The SSI program in California pays a maximum benefit of $840 a month. The program is designed for people who have very few resources. It is a vow of poverty. Social Security enforces the vow of poverty by computer matching Social Security numbers with monies held in financial institutions. If Social Security discovers a match between an SSI recipient and a bank account or other retirement, investment, bond, or negotiable instrument, they will create an overpayment and request that all of the Social Security Supplemental Security income monies be returned. The rules for SS are very strict when it comes to resources, money, other assets. A transfer or gift of assets to qualify for SSI results in severe penalties.
The Disabled Child’s program provides support for children who have severe, significant, and ongoing disability. This is a very technical program and has complex and unique rules.
Who Qualifes for SSDI?
SSDI also known as Title 2 is for people who worked at least 10 years and worked in the five years before the start of disability. This program provides 1) Medicare for the medical benefit and 2) freezes the Social Security record so that there is no reduction at age 65 for the quarters of work within the disability period, 3) provides for a 9 month trial work program. Home makers who have been out of the work force are frequently uninsured.
The amount of money paid each month to individuals qualified for SSDI or Title 2 depends on the amount of tax paid while working. Disability, like retirement, has a maximum benefit that is directly proportional to the highest taxed income. Workers who are in governmental retirement programs such as PERS, STRS, or LACERA and the post office before the “switch”may not have paid FICA to qualify for Social Security disability benefits.
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We guide you through every step of the process to get the benefits that you’re entitled to. We represent you through the obstacles and challenges to keep the benefits process moving forward as quickly as possible.
Our attorneys stay with your claim until has been fully reviewed and, if necessary, and even after if an appeal is needed.