Benefits Under Social Security Law

The Social Security Administration (SSA) administers two separate federal income support programs for people with disabilities: Social Security Disability Insurance and Supplemental Security Income. If you cannot work because of a physical or mental condition that is expected to last at least one year or result in death, you may be eligible for Social Security disability benefits.

If you become disabled at work you may be eligible for Social Security Disability Insurance (SSDI). "Disabled," under Social Security, is based on your inability to work. You are disabled under Social Security if: you cannot do work that you did before; you cannot adjust to other work because of your medical condition(s); and your disability has lasted or is expected to last for at least one year or to result in death.

You should apply for disability benefits as soon as you become disabled. It can take a long time to process an application for disability benefits (3 to 5 months). To apply for disability benefits, you will need to complete an application for Social Security Benefits and the Disability Report.

The SSA will then review your application to make sure you meet some basic requirements for disability benefits. Specifically, the SSA will check whether you worked enough years to qualify as well as evaluate any current work activities. If you meet these requirements, the SSA will send your application to the Disability Determination Services office in Illinois, who then completes the disability decision.

Supplementary Security Income (SSI) uses the same disability criteria as the insured social security disability program, but SSI is not based upon insurance coverage. Instead, a system of means testing is used to determine whether the claimants' income and net worth fall below certain income and asset thresholds. SSI is financed from general revenues, not Social Security taxes. SSI helps people who are age 65 or older or who are blind or disabled by providing monthly cash payments to meet basic needs for food, clothing, and shelter.

SSI pays disability benefits to needy people of any age, including children. Under SSI, a child is considered disabled if his or her physical or mental condition is so severe that it results in marked and severe functional limitations. The condition must last or be expected to last at least 12 months or be expected to result in the child's death. Additionally, the child must not be working at a job that the Social Security Administration considers to be substantial work.

A person may apply to draw on his or her parents' account. Social Security disability benefits are paid to children age 18 or older that were disabled before age 22, if they have a parent who is receiving Social Security retirement or disability benefits, or is deceased. Under both Social Security and SSI, children age 18 or older are considered disabled of they meet the adult definition of disability. Specifically, their condition must be severe enough to prevent them form doing any kind of work for which they are suited.

This is a special disability benefit for certain widows and widowers, based on the Social Security tax paid by his or her deceased spouse. In order to qualify, you must be between the ages of 50 and 60, and have been married for at least 10 years to the person who was covered under Social Security at the time of his or her death. Additionally, you must have proof that your disability was severe enough to meet these rules within 7 years of your spouse's death, with some exceptions for those already receiving other kinds of Social Security Benefits.

If you have any questions about social security or would like a referral to a qualified and experienced social security attorney, please contact us.