Previous Article | Next Article | Back To List
I am disabled and want to file for social security benefits. How do I know if I qualify for social security benefits, and what should I do?
These are good questions. We’ll start with an explanation of the benefit programs, and then proceed to what a potential disability claimant should do. Social Security disability benefits are available through two main programs, Social Security Disability Insurance benefits (SSD) and Supplemental Security Income (SSI). Eligibility for either program requires that the individual be found “disabled” under social security rules. The basic definition of “disabled” is a condition that prevents the individual from engaging in substantial gainful activity for a period of at least twelve (12) months or is likely to result in death. The impairments must be severe and such that the individual cannot engage in their past or other potential employment. The important distinction between SSD and SSI is that only individuals that are currently “insured” through social security wage deductions qualify for SSD. Individuals may qualify for SSI based on financial need regardless of whether they have paid any social security taxes through wage deductions.
Basically, SSD is a work insurance program to which workers contribute through social security tax wage deductions. Workers that contribute through social security taxes receive “credits” for their contribution. These “credits” accumulate, and once a certain amount of credits is reached, the individual becomes “insured”. Once “insured”, if the individual becomes “disabled”, the individual is eligible to receive SSD benefits. The “insured” status does eventually lapse if the individual does not make contributions, and depending on the amount of credits earned, individuals might remain “insured” for a period of time after they have stopped working. SSD benefits are paid in proportion to the contributions made. Therefore, if you contributed a larger amount through social security wage deductions, you will receive a large SSD monthly benefit than an individual that contributed less per month. In comparison, SSI provides a monthly disability benefit for individuals that are “disabled” and demonstrate the requisite financial need.
For example, assume that Sam worked and contributed to social security through wage deductions for ten (10) years and recently became permanently injured in a car accident. If Sam’s condition is such that he is not likely to engage in substantial gainful employment for a period not less than twelve (12) months or likely to result in death, and if the impairment is severe enough to render Sam unable to perform his past or other potential employment, then Sam may be found “disabled.” A full explanation of whether an individual is “disabled” requires a complex analysis that is beyond the scope of this article. We’ll assume that Sam does qualify for SSD benefits since his condition renders him “disabled” and he was “insured” at the time of the accident.
By contrast, what if Sam didn’t contribute to social security through social security wage deductions but is still “disabled”? Sam may still qualify for SSI benefits if Sam demonstrates the requisite financial need. Social security inquires into to the financial resources available to the SSI claimants to determine whether they are entitled to SSI benefits. A full explanation of this financial assessment is beyond the scope of this article, but note that social security looks at all available financial resources to the claimant. In some instances a claimant simultaneously qualifies for both SSI and SSD benefits when the SSD benefit to which the claimant is entitled does not exceed the monthly income/asset limit required for SSI.
In conclusion, the determination of whether an individual qualifies for any disability benefits under SSD or SSI depends on whether the individual is “disabled” under social security rules. If the claimant is “disabled” and “insured” through sufficient social security wage deductions then he or she will qualify for SSD. Even if the claimant has paid no social security taxes then he or she may still qualify for SSI benefits based on financial need. In some instances claimants qualify for benefits under both programs and, therefore, disability claimants should file for both SSD and SSI benefits at their local Social Security Office to ensure that they receive the full extent of benefits to which they are entitled. Waiting to file for disability benefits my reduce your potential retroactive award.
Should you have any questions regarding social security benefits, or if you would like to consult with an attorney, please contact our office.