The Social Security Administration provides financial and medical benefits to people who qualify for disability insurance.
Under the Social Security Administration, there are two programs to which disabled individuals can apply to receive Social Security benefits:
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Supplemental Security Income (SSI) – if you are disabled and have insufficient income and financial resources to support yourself.
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Social Security Disability Insurance (SSDI) – if you are disabled and you have already worked for a specified period of time.
What is Meant by “Disabled”?
In order to qualify for SSI or SSDI, you must be disabled, which means there must be medical evidence that you are unable to engage in substantial gainful activity for at least 1 year due to a physical or mental impairment.
In essence, both programs use the same process to determine if you are, indeed, disabled.
1. If you are still working, your earnings must be less than $1040 per month
2. If you do not earn more than $1040 per month, your condition must be severe enough that it interferes with your ability to do basic work-related activities.
3. If your condition does interfere, your medical condition must be listed on the Social Security Administration’s list of medical conditions that automatically qualify you for disability. If not, it must be comparable to any condition on the list.
4. If your condition is neither listed nor comparable to any condition listed, you must be unable to do the work you were doing previously. If you are able to do the work you did previously, you don’t qualify.
5. If you cannot do the work you previously did, can you adjust to some other work? If not, you may qualify for Social Security benefits..
Your disability must be expected to last for at least 1 year. The Social Security Administration assumes that families have resources such as savings, insurance and workers compensation that will get them through periods of short term unemployment. So, there are no benefits available through the Social Security Administration to provide for short term disabilities.
Qualifying For Supplemental Security Income (SSI)
In addition to being disabled, in order to qualify for SSI you will need to meet all of the following criteria:
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Must file an application with the SSA.
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Must be at least 65 years of age or blind, if you are not disabled.
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Must have limited income and resources and be a U.S. citizen or a qualified alien.
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Must be a resident of one of the 50 States, the District of Columbia, or the Northern Mariana Islands.
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Must not leave the country for a full calendar month or for 30 consecutive days.
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Must apply for all other cash benefits for which you may be eligible, such as your pensions or Social Security benefits.
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Must grant SSA permission to contact financial institutions and to request your financial records.
Qualifying for Social Security Disability Insurance (SSDI)
In addition to being disabled, to qualify for SSDI you must first have amassed enough work credits in employment which is covered by Social Security. Any employment where your employer pays social security taxes will be covered. Today, this covers almost every job, even self employment, for which you will need to have paid social security for yourself and your employees.
You can earned up to four credits for every year of covered employment you have completed, depending on how much money you earned that year. Currently you need to have earned $1,160 to get one work credit and $4,640 to get the maximum of four credits for a given year.
The number of total credits you need to qualify for Social Security depends on your age and the requirements are as follows:
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If you are under the age of 24, you need to have earned 6 credits in the 3 years immediately preceding your disability.
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If you are between the ages of 24 and 31, you will need to have earned credit for half of the time between ages 21 and the age at which you become disabled. For example, if you become disabled at 25, you will need 2 years of work credit (8 credits), half of the work credits available between ages 21 and 25.
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If you are older than 31, you will generally need to have earned at least 20 credits in the 10 years immediately preceding your disability, and increasingly more the older you get until you are 62.
Certain exceptions apply for the blind, children, widows and widowers, and military service members. For more detailed information regarding your ability to qualify for SSI or SSDI, consult with an experienced Social Security attorney.
Initial Strategy Session: Wagoner Social Security Attorney
For a low-cost consultation with a Wagoner, Oklahoma Social Security lawyer, call the Wirth Law Office – Wagoner at (918) 485-0335 (or toll free at (888) Wirth-Law). Or, as always, you may enter a legal question in the form at the top right of this page.
