Frequently Asked Questions
Find answers to common questions regarding Social Security Disability claims, eligibility requirements, and how Trinity Disability Law can support your legal journey.
What is the difference between SSDI and SSI?
Social Security Disability Insurance (SSDI) is funding for persons who have previously participated in the payroll tax-funded program in former paychecks for a specific period of time depending on their age and years worked, that are now disabled in an extreme capacity, limiting their ability to work and draw an income. To participate, you must have accrued a certain number of “credits” over the past 10 years since application. Your work history plays a large role in how much in benefits you might receive once determined disabled by SSA standards.
Supplemental Security Income (SSI) is for persons who meet SSA’s disability standards and also have limited income and resources to provide adequate shelter and food. It’s what’s considered a means-tested program, based on financial need: looking at an individual’s situation for anyone who is disabled, blind or elderly.
Can you get SSDI and SSI at the same time?
There are individuals who are eligible for benefits under both the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs at the same time. This is referred to as “concurrent” benefits when individuals are eligible for benefits under both programs. When you file for one for the first time, it is almost always a good idea to file for both programs, just in case you do qualify. The standard of disability is the same for both, though one is based on your work history and one is based on your financial need.
What about disability in children?
Under title XVI, a child under age 18 will be considered disabled if he or she has a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations, and that can be expected to cause death or that has lasted or can be expected to last for a continuous period of not less than 12 months.
What about health benefits?
Each program qualifies for different health insurance options. The people that qualify for SSI most likely automatically qualify for Medicaid also. For SSDI, there are other qualifications – such as a two year window – that will allow them to qualify for Medicare.
Who can receive these benefits?
Someone who has become disabled, or their child has become disabled, and has a previous work history paying into the Social Security program through payroll taxes. This person may meet the non-medical requirements for SSDI program participation.
If a person is disabled and is financially unable to meet basic needs, that person may be eligible for SSI.
Sometimes, people qualify for both SSD and SSI programs.
How long does the process take?
Although there’s no definitive timeline for the application and approval process for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), the average length of time ranges between nine (9) and 24 months to complete the process. For this reason, it is important to establish a solid relationship with whoever you choose to represent you with your claims. Trinity Disability Law commits itself to staying in touch with clients and providing updates as often as the client wishes.
What is the definition of disability?
For all individuals applying for disability benefits under title II, and for adults applying under title XVI, the definition of disability is the same. The law defines disability as the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
What is a "Medically Determinable Impairment"?
To establish the existence of a medically determinable impairment, we need objective medical evidence from an acceptable medical source. Objective medical evidence means “signs, laboratory findings, or both”. We never establish a medically determinable impairment based on an individual’s statement of symptoms, a diagnosis, or a medical opinion.
Signs are defined as one or more anatomical, physiological, or psychological abnormalities that can be observed, apart from your statements (symptoms). Signs must be shown by medically acceptable clinical diagnostic techniques. Psychiatric signs are medically demonstrable phenomena that indicate specific psychological abnormalities, e.g., abnormalities of behavior, mood, thought, memory, orientation, development, or perception, and must also be shown by observable facts that can be medically described and evaluated.
Laboratory findings are defined as one or more anatomical, physiological, or psychological phenomena that can be shown by the use of medically acceptable laboratory diagnostic techniques. Diagnostic techniques include chemical tests (such as blood tests), electrophysiological studies (such as electrocardiograms and electroencephalograms).