legal advice

The Social Security Administration pays disability benefits in two different ways. The first way is through the Social Security disability insurance and the second one is through the Supplemental Security Income (SSI) Program.
Social Security pays benefits to people who can’t work because they have a medical condition that is expected to last at least one year or result in death. The federal law requires such strict definition of disability, while some other programs give individuals benefits who have a partial-disability or have short-term disability, Social Security doesn’t. An individual must meet certain earnings requirements in order to be eligible for benefits. Individuals must meet two different earnings tests to be eligible for disability benefits. The first test is a “recent work” test which is based on the individual’s age at the time they became disabled and the second test a “duration of work” test to show that they worked long enough under Social Security. An individual should apply for disability benefits as soon as they become disabled because it can take a long time to process the application for disability benefits. It typically takes about 3 to 5 months. After the application is sent the Social Security Administration will review their application and make sure they meet some basic requirements for benefits such as whether they worked long enough to qualify and they will evaluate any current work activities. If these requirements are met then they will then send your application to the Disability Determination Services office in their state. This agency makes the decision for the SSA, they use their doctors and disability specialists to ask their doctor information about their condition, all facts in their case will be considered. They will also use evidence from any hospital, doctor’s office, clinics or institutions that the individual has been treated in order to obtain all other information.
The Supplemental Security Income program makes monthly payments for individuals with low income and few resources who are also disabled. They also make monthly payments for individuals who are 65 and older and individuals who are blind. In order to be eligible to obtain SSI benefits, the eligibility is based on income and resources which are the things an individual owns. According to the Social Security Administrations income is defined as money you receive such as wages, Social Security benefits, and pensions. Income can also include such things as food and shelter. The amount of income an individual can receive each month and still get SSI depends partly on where the individual lives. In order to obtain information pertaining to how much an individual will receive based on the state they live in, they should call the Social Security Administration at 1-800-772-1213. Social Security doesn’t count all of an individual’s income when deciding whether or not they qualify for SSI benefits. Things that Social Security doesn’t count are; the first $20 a month of most income an individual receives, the first $65 a month an individual earns from working, and half the amount over $65, food stamps, shelter they receive from a nonprofit organization(s) and lastly most home energy assistance. If an individual is married the Social Security Administration also includes a part of their spouse’s income and resources when deciding whether they qualify for SSI, and if an individual is under the age of 18 the SSA includes part of their parent’s income and resources and if an individual is a sponsored noncitizen they may include their sponsor’s income and resources. If the individual is a student then some of the wages or scholarships they receive may not count. If an individual is disabled but works Social Security doesn’t count wages an individual uses to pay for items or services that may help them work, for example if an individual buys a wheelchair to be able to work, Social Security doesn’t count those expenses when deciding whether they qualify for SSI benefits. Social Security also doesn’t count any wages a blind individual uses for work expenses, for example transportation to and from work are not included in determining eligibility for SSI. Lastly, if an individual is disabled or blind some of the income they use or save for training or to buy things they need to work may not be counted. Resources that are counted in determining eligibility for SSI benefits are; real estate, bank accounts, cash, stocks and bonds. An individual may be able to get SSI benefits if their resources are worth no more than $2000, and a couple may get benefits if their resources are worth no more than $3000. Also if an individual owns property that they are trying to sell, they may be able to get SSI while they are trying to sell it. Social Security does not count the following in determining an individual’s eligibility for benefits. First the home they live in and the land it’s on, life insurance policies with a face value of $1,500 or less, an individuals car (usually), burial plots for an individual and members of their immediate family and lastly up to $1,500 in burial funds for the individual and up to $1,500 in burial funds for their spouse. Other rules that an individual must meet for eligibility are; to obtain SSI they must live in the U.S. or the Northern Mariana Islands and be a U.S. citizen or national. In some cases, noncitizen residents can qualify for SSI. For the rest of the rules an individual must meet in order to be eligible for SSI benefits please visit the social security web site .
It should be noted that the basic SSI amount is the same nationwide however many states add to the basic benefit. In order to find out whether an individuals state adds extra benefits call the Social Security Administration. Lastly the Social Security Administration manages the SSI program however even though Social Security manages the program, SSI is not paid for by Social Security taxes. SSI benefits are paid for by the U.S. Treasury general funds, not the Social Security trust funds.