Social Security and Disability FAQs
Who is eligible for Social Security Disability Benefits?
If you work long enough at a job that is covered under the provisions of the Social Security Act, and become disabled, you could be eligible for disability benefits.
The test for eligibility is not whether you can go back to a job you’ve lost. Nor is it whether you’ve been able to find a job recently. The test is whether you are physically and emotionally CAPABLE of doing a job that is generally available in the every day work place.
Furthermore, to obtain Social Security Disability benefits, you must have a doctor state that you are disabled “by medically acceptable clinical and laboratory findings”. Unfortunately, many genuinely disabling conditions are difficult to diagnose by objective testing. In cases like that, it is up to your representative or legal help to present your doctor’s report properly, and to convince the government that you deserve your benefits.
How do I apply or submit a claim for Social Security disability benefits or SSI?
By law, anyone may file for his or her own Social Security and Disability benefits. But statistics clearly show that claimants who have representation win their benefits much more often than those who apply on their own.
The government makes the process very difficult, forcing you to wait in long lines. Forms are complicated. Benefits are often denied to people who have legitimate claims. And not just once, but frequently twice and sometimes even more often. As a result, many people who apply on their own become discouraged and intimidated. So they simply back off, give up, and go away, even when they could be entitled to their benefits.
When should I apply for Social Security disability benefits?
You should apply at any Social Security office as soon as you become disabled. Social Security disability benefits will not begin until the sixth full month of disability. However, this “waiting period” begins with the first full month after the date the Social Security Administration decides your disability began.
What types of disability benefits are available?
Basically there are two types of disability benefits for which a person can be eligible. The two types are:
| Disability Insurance Benefits (DIB) |
| Supplemental Security Income Benefits (SSI) |
Depending on your specific case, you may only be entitled to only one of these types of benefits, or you may be entitled to more than one. The medical rules are the same for both categories. You have to be equally disabled to qualify for Disability Insurance Benefits (DIB), as well as for Supplemental Security Income (SSI).
Who may qualify for disability insurance benefits (DIB)?
Disabled Worker – When you work for a living, Social Security taxes (FICA) are withheld from your paycheck, just like federal and state taxes are withheld. You are only eligible for DIB benefits if you have paid a certain amount of Social Security tax over a period of time. For a person over 30 years of age to be insured for DIB, the person must have paid FICA in at least 20 calendar quarters during the 40 calendar quarters immediately before his or her total disability began. In other words, you must have worked and paid Social Security tax for 5 out of the last 10 years before you became totally disabled. Worker’s who become disabled before age 31 need fewer quarters. The amount necessary for a quarter of coverage increases every year.
You must prove that you became disabled while disability insurance coverage was in force, or you are not entitled to DIB benefits, no matter how serious the medical condition is presently.
The bottom line is that you should apply as soon as you can no longer work, if you feel the disability will last at least one year.
If your DIB claim is approved, the monthly payment you will receive is set by your earnings (and Social Security tax payments) during your working career. There is no minimum rate. The maximum a person can receive is set by Social Security regulations. The Medicare card is available to the disabled worker 24 months after the worker becomes eligible to receive benefits, not after the worker just files an application.
Dependent Children - Children under the age of 18 of a disabled worker are also entitled to receive benefits but do not receive the Medicare card.
Disabled Widow/Widower Benefits (DWB) – This is a special disability benefit for certain widows and widowers, based on the Social Security tax paid by his or her deceased spouse. In order to qualify, you must be between the ages of 50 and 60, and have been married for at least 10 years to the person who was covered under Social Security at the time of his or her death. Also, you must have proof that your disability was severe enough to meet these rules within seven years of your spouse’s death, with some exceptions for those already receiving other kinds of Social Security benefits. If you are awarded DWB benefits, your monthly rate is determined by your spouse’s income and Social Security tax payments. However, a surviving spouse’s pension can usually be paid at the age of 60 regardless of any disability.
Disabled Adult Child Benefits (DAC) - To be eligible, you must be an unmarried child of a person already receiving Disability Insurance Benefits or Retirement Benefits, or who died while covered for Social Security. You must be at least 18 years old, and you must prove that your total disability began before the month you turned age 22, and that it is continuing. The monthly benefit rate is based on a percentage of the parent’s rate.
Who may qualify for supplemental security income (SSI)?
Adult Supplemental Security Income (SSI) – If you have not worked enough in the past 10 years to be insured for DIB, or have not worked at all in the last 10 years, you may still be eligible for another disability payment called Supplemental Security Income (SSI). This disability program is administered by the Federal Government and the Social Security Administration, but the funds paid do not come out of the Social Security fund.
What are the requirements to be eligible for SSI?
There are two requirements to receive SSI. Basically, you must be disabled and poor.
You must be disabled under the same rules as for disability insurance. You must also have very little income or resources, because this benefit is based on your financial need. Your spouse’s income and assets will also count. The value of in-kind support (like free room and board) you may get from others, will also be considered when determining whether you are financially eligible for SSI. Some assets such as your home are excluded as resources in the determination of financial eligibility for SSI. It should be noted that once a child reaches 18 and is living at home, his parents' income and assets do not count in determining financial eligibility. The in-kind support rules do apply, however. Social Security does this in addition to deciding if you are disabled. A person receiving SSI is also entitled to Medicaid benefits. Unlike DIB there are not benefits for the dependent children of a disabled SSI claimant.
Child Supplemental Security Income (SSI) – Children under the age of 18 with a severe disability can receive a monthly benefit if their family’s household income is low enough. By receiving SSI benefits, disabled children are also entitled to Medicaid benefits.
When a “child” reaches 18 years of age and is disabled, this young adult can receive SSI benefits as well as the Medicaid card if the disability requirements are met, even if he or she is living with parents. The income of the parents or care providers is of no consequence.
