Know Your Rights: Disability Benefits - College of Law

Know Your Rights: Disability Benefits

WHAT IS SSI?

Supplemental Security Income is a federally funded program that provides individuals who are disabled and meet financial requirements with monetary assistance.

Be aware that you are ineligible for SSI if: you have an outstanding warrant for your arrest, you are in jail, you are a non-citizen who fails to meet certain requirements, or you leave the country for more than thirty (30) days.

ELIGIBILITY DISABILITY UNDER 65

  • The disability must completely impair your ability to work and must be expected to last longer than one (1) year. You must also demonstrate that your disability makes it impossible for you to work. Be aware that a short-term or partial disability does not qualify you for SSI.
  • If you are under the age of 18, or 22 if you are a college student, you may count the income and assets of your parents. You will need to re-apply at age 18.

ELIGIBILITY DISABILITY OVER 65

  • If you are over the age of 65 and meet the income and asset requirements, you may qualify. If you are over 65, you are not required to have a disability.

FINANCIAL REQUIREMENTS

  • If you’re single, you must earn $750/month or less and have less than $2,000 in assets. If you’re married, you must earn $1,200/month or less and have less than $3,000 in assets.
  • Countable income includes ‘earned income’, such as a job, ‘unearned’, such as unemployment benefits or retirement, ‘deemed’, which is income from a spouse, parent, or sponsor, and money in checking or savings accounts. 
  • Income that is not counted includes SNAP benefits, grants or scholarships, loans, assistance from your tribe, tax refunds or credits, or your home + 1 car.
  • You may apply in person, by mail, phone, or online. You will need to provide information about yourself, your medical condition(s), and your work.

Supplemental Security Income (SSI) (PDF document)

Watch Supplemental Security Income: Know Your Rights

 

WHAT IS SSDI?

Social Security Disability Insurance is an insurance program designed to provide income assistance to individuals with permanent or long-term disabilities who also have a qualifying work history.

ELIGIBILITY

  • You must prove that you are unable to work (your old job or a new job) and have paid taxes into the Social Security System in the last ten (10) years. Typically, you must have worked five (5) of the last ten (10) years. You can qualify through work history of your spouse/parents.

HOW TO APPLY

  • On average, the application process takes three to five months. Many applications are denied at first, so strongly consider working with an attorney, as appeals can take years. You’ll need to provide information about yourself, your disability, and your work history.

MORE INFORMATION

  • You can work while receiving SSDI
  • Individuals are limited to receiving $1,260/month
  • After two (2) years of receiving SSDI, you will automatically qualify for Medicare

Social Security Disability Insurance (SSDI) (PDF document)

Watch Social Security Disability Insurance: Know Your Rights

 

WHAT’S THE DIFFERENCE?

  • Eligibility requirements
  • When you can begin to receive benefits
  • The average monthly benefit
  • The maximum benefit