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DISABILITY VS. SSI CLAIMS


Disability benefits and Supplemental Security Income (SSI) benefits are both handled by the US Social Security Administration.  Therefore, the two programs are often confused.  They are actually quite different in many ways.


First, Social Security disability is covered under Title 2 of the Act.  It requires a sufficient number of "quarters of coverage" earned by employment and payment of FICA taxes.  A rule of thumb says you need to have worked 5 years out of the most recent 10 years to be covered.  Awards under Title 2 are paid from the Social Security Trust Fund.  The amount of monthly benefit is determined by average earnings.


SSI is referred to as "Title XVI (16)."  SSI requires no work credits to be covered.  So, individuals who have never worked may be eligible for SSI.  Unlike Title 2, SSI is for persons who are disabled and blind AND have very limited income and personal assets.  Generally, an individual must have less than $2,000 in personal assets, and a married couple would be restricted to less than $3,000 in assets to be eligible.  Certain assets do not count, however, such as the home you live in.  Claimants must meet both medical requirements (be disabled or blind), AND non-medical qualifications (citizenship, income, resources, etc).  Awards for SSI are paid out of the US Treasury (General Fund), not the Social Security Trust Fund.  The 2012 federal maximum benefit for SSI is $698 per month.


It is possible for a claimant to make a "concurrent claim," which is for both disability (Title 2) and SSI (Title XVI).  The advantage of a concurrent claim would be if the disability benefit is expected to be less than the SSI maximum of $698 per month.  For example, if the disability benefit is $498 per month and the claimant meets the requirements for SSI, then SSI would pay an additional $200 per month to bring the total award to $698 per month, which is the federal maximum for SSI.  If the disability benefit alone is $698 per month or more, then no SSI benefit would usually be available, since SSI benefits are offset by Title 2 benefits.


Our advocates can give you a free evaluation of your Disability and SSI claim - at no cost or obligation.


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