The most significant difference between both benefit programs comes down to financial requirements. To be eligible for SSI, an adult or child must be blind or disabled, or be age 65 or older, and receive regular income below the federal benefit limit. SSI is intended for medically eligible individuals who do not earn enough on their own or through existing SSDI benefits to support themselves.
Another difference between the programs is the source of the benefit funds. SSDI benefits are paid forward by recipients in the form of payroll taxes throughout their working life. SSI funds, unlike SSDI funds, come from general tax revenues.
Social Security defines “disability” as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.”
You can file for Social Security Disability benefits on the day that you become disabled if you believe that you will be out of work for one year or more. Often, claimants are told to wait 5 months or 1 year to file a claim; this is not true. It is best to hire a representative to help you as early in the process as possible.
No. If Disability Experts of Florida represents a client’s interests, we prepare the application for you. Social Security’s availability for a new application appointment may be as much as 6 weeks from when a claimant calls to file a claim. Disability Experts of Florida will prepare and file an application within 3 days of a call to our office for representation. This saves our clients precious time and begins the adjudication process. Our clients have their choice of an in-office or a telephone appointment.
The time periods vary from area to area, but generally most initial Social Security decisions are made within four months. If you are turned down and request reconsideration, it generally takes another four months to receive a decision. If you are turned down and a hearing before an Administrative Law Judge, it could take up to two years before you have a hearing. Finally, if you are turned down at the hearing level and request an Appeals Council review, it could take one year or more to receive a decision.
Timely filing is a very important thing to remember with Social Security. In all cases, except for two, you have 60 days from the decision to apply for a higher-level appeal. If you go past the 60-day period, without good cause, you may have to file an entirely new claim. The two exceptions to the 60-day rule are:
When your benefits cease because of action by the SSA, you have 60 days to appeal the decision, but you have only 10 days to request continuation of your payments during the appeal process
If your case was remanded by a federal district court to an administrative law judge court and you were again denied benefits, you have only 30 days to appeal the decision to the Appeals Council
You should immediately contact the Social Security Office and file an appeal. You have 60 days to appeal the decision terminating your benefits, but you have 10 days to request continuation of your benefits during the appeal.
No. Claimants can represent themselves in all phases of the Social Security Disability process. However, claimants with representation tend to win their cases more often than those who are not represented. You can hire either an attorney or a non-attorney professional representative.
Recent research by Herbert M. Kritzer, Legal Advocacy: Lawyers and Nonlawyers at Work (1998) indicates that non-lawyers can be more effective than lawyers. Most law schools do not teach courses in Social Security law. The important skills and knowledge pertaining to Social Security benefits are acquired through hands-on experience handling SSD claims.
Our firm is composed of professionals with extensive direct knowledge of the Social Security Disability process.
Yes. Medicaid is associated with SSI and Medicare is associated with Social Security Disability Insurance and Social Secuity retirement. Medicaid typically begins immediately upon receipt of SSI. Medicaid pays for prescription medications and medical care. Medicaid can also be retroactive up to three months prior to the date of an SSI claim.
Medicare eligibility begins 24 months after you start receiving SSDI cash benefits, including disability insurance benefits, disabled widows or widowers benefits or disabled adult child benefits.
The SSA provides monthly SSDI benefits for each family member at 50% of your current rate up to the Family Maximum rate (generally, 150-180% your benefit rate). Family member rates are decreased across the board to meet the Maximum Rate if they exceed it. The SSA provides family benefits do not reduce the benefits that you receive.
We Are Here To Help
Our practice is equipped to handle cases nationwide. We provide personalized service and advocacy to clients across the country. Wherever you are, we are here to fight for you!
