The most common question I get as a disability paralegal is “Am I eligible for disability benefits?” Social Security has 2 different disability programs, each with different eligibility requirements: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
In this blog, I’ll explain the eligibility requirements for each program.
Social Security Disability Insurance (SSDI)
To be eligible for SSDI benefits, you must meet all of the following criteria:
1. You cannot work or engage in Substantial Gainful Activity (SGA) due to your disability.
You must show that you are out of work or making less than the SGA limit ($1,470/month gross pay in 2023). If you are still working and making above SGA, you would not be eligible for SSDI benefits.
2. You have a severe, diagnosed medical condition.
You must have a medical condition that has been diagnosed by a medical provider and it must be considered “severe” by SSA. If you have multiple mild conditions, the combination of them must be considered “severe.”
3. Your condition has lasted or is expected to last at least 12 months
You can apply for SSDI benefits even if you haven’t been out of work for 12 months; however, your condition must be so severe that you are expected to be out of work for at least 12 months because of it. Many claims get denied at the initial and reconsideration stages simply because SSA expects the claimant’s condition to improve before the 12 month mark.
4. You have worked and paid taxes for at least 5 of the last 10 years
To be eligible for SSDI benefits, you must have a valid “DLI” (or Date of Last Insurance) which is based on work credits. You gain work credits by working and paying into Social Security via taxes. Generally, if you’ve worked and paid taxes for at least 5 of the last 10 years, you most likely have enough work credits to be eligible. To learn more about work credits, read our other blog post: Date of Last Insurance.
If you meet all 4 of these criteria, you should be eligible for SSDI benefits. SSDI payments are generally the same amount as your full retirement amount, meaning they’re based on how much money you’ve made throughout your work history.
You can take this short quiz to determine if you’re eligible for SSDI benefits: Eligibility Quiz
Supplemental Security Income (SSI)
While the SSDI program’s eligibility is largely based on work credits, the SSI program is income-based.
To be eligible for SSI benefits, you must meet one of the following criteria:
- Be age 65 or older;
- Be totally or partially blind;
- Have a medical condition that prevents you from working for at least 12 months
You must also meet the following income requirement:
- Your assets must be less than $2,000 for a single person, or less than $3,000 for a married couple.
Assets include: cash, bank accounts, bonds, stocks, etc. They do not include your house or car.
If you are awarded SSI benefits in 2023, you can earn up to $914/month for a single person, or $1,371/month for a couple.
If you think you may be eligible for benefits, please give our office a call at 480-420-7887 to complete a free case assessment.
You can also submit the following form and our attorney will review your information: Click here to complete the case assessment form online.