Wakefield Social Security Lawyers – Marasco & Nesselbush

Dealing with a disability while coping with a financial setback is challenging in itself. Don’t try to navigate the SSDI or SSI application process alone. Your claim may be denied due to a technical error or because you didnt know how to present your case in a favorable light. Our experienced attorneys can help you at every stage of the application process. It doesn’t matter if your application has already been rejected, even multiple times. With a local Wakefield SSDI attorney at your side, your chances of getting the benefits you need are greatly increased.

SSDI or SSI – What’s the Best Fit For Me?

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are both managed by the Social Security Administration (SSI), but are two different programs designed to help different groups of people with different work history and current circumstances. It is important to understand the differences between the programs in order to make sure to apply for the one that’s the best match for you.

SSI is a needs-based program and is awarded based on the recipient’s income and assets. Also called a “means-tested” program, it is designed for people who wouldn’t qualify for Social Security Disability Insurance because of insufficient work history or whose SSDI benefits would be very low due to the limited number of years they worked and paid Social Security taxes. To be eligible for SSI, a person must have no more than $2,000 in personal assets ($3,000 for couples) and very limited or no income. Other requirements include:

• the applicant must be at least 65 years of age or,
• the applicant must be legally blind (see the SSA definition of blindness below) or,
• the applicant must be otherwise disabled (see the SSA definition of disability below)

SSDI eligibility depends on a person’s work history. This program is called insurance because it’s recipients paid into the Social Security trust fund during the years they worked. In order to be eligible for SSDI, a person must have worked a sufficient number of years in order to earn a sufficient number of work credits. The SSA has a special system by which it calculates and converts yearly earnings into work credits. The number of years a person must have worked in order to gain sufficient work credits depends on a number of factors, for example, the age of the applicant. Nevertheless, most people will need to have paid into Social Security for at least 10 years in order to be eligible for SSDI.

Despite substantial differences between SSI and SSDI, both programs share some common requirements. These include:

• Disability – an applicant must be able to prove that they are suffering from a disability. The SSA provides a list of impairments that may qualify a person for the benefits. If a certain impairment or disability does not appear on the list, the SSA will closely analyze the condition in order to decide if it qualifies a person for benefits.
• Severity of the condition – the disability must be considered severe. This means that it is expected to last at least 12 months, or that it is considered terminal. It also implies that the condition severely limits the applicant in terms of:
  • engaging in basic work activities
  • performing the tasks associated with their previous employment
  • adjusting to another type of employment

In short, the disability must be severe enough to prevent the applicant from engaging in what is known as “substantial gainful activity”.

• Substantial Gainful Activity – if a person is earning more than a certain amount, it will be considered substantial gainful activity and the person will not be considered eligible for either SSDI or SSI. As of 2018, the minimum monthly amount earned, which is considered substantial gainful activity, has been set at $1,180, or $1,970 for statutorily blind individuals.