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Social Security FAQ |
| Q: What is the difference between Social Security disability insurance and SSI benefits? |
| A: Both Social Security disability insurance and SSI are disability programs that are run by the Social Security Administration. They both use the same definition of "disabled." That definition is that you have to be unable to do any kind of work (even the simplest job) because of a medical condition that has lasted, or will last, for 12 months. The Social Security disability insurance program is for people who have worked enough in the recent past to have qualified financially for disability insurance. The general rule is that a person has to have worked 5 out of the last 10 years to have paid enough into the system to qualify for disability insurance. The amount you get back when you become disabled depends on how much you paid into the system over the years. Each person gets a different amount of disability insurance, depending on what they paid in over the years. SSI is a program for low income disabled people. You don’t have to have worked at all to qualify, you just have to be disabled and be low income. The most it pays is $562.00 per month, and any other income you or your family have is usually deducted from the $562.00. You can be disqualified from receiving SSI because you have too much income or too many assets. |
| Q: Why did Social Security send me two denial letters? |
| A: If you received two denial letters, one is for Social Security disability insurance and one is for SSI. Social Security usually takes two applications from you when you apply, one for disability insurance, and one for SSI. That is because SSI can start paying you the first full month after your application. However, by law, disability insurance will not start paying you until the 6th full month after you become disabled. If a person applies as soon as he or she becomes disabled, he or she could get SSI for the first 5 full months of disability, and then start getting disability insurance in the 6th month. |
| Q: Can I get both disability insurance and SSI? |
| A: Usually not, as your SSI will be reduced dollar for dollar by any other income you or your family have. However, Social Security doesn’t count the first $20.00 of your disability insurance towards SSI. Therefore, if your disability insurance check is less than $582.00 per month, you might still qualify for SSI. However, SSI has a rule that if you qualify for less than $10.00 in SSI payments, they just don’t pay you. So really, if your disability insurance check is more than $572.00 you won’t be able to get any SSI. |
| Q: Do I need a lawyer to help me with my case? |
| A: The Social Security rules are very complicated. There are different ways to qualify for benefits depending on what type of condition you have. There are certain things that Social Security is not even allowed to consider, like whether anyone would hire you with your condition. Therefore, it is best to hire an attorney who is familiar with the rules of disability and can help you present the right kind of evidence to win your case. |
| Q: Will a lawyer be able to help me speed up my case? |
| A: One thing a lawyer will not be able to help you do is speed up the Social Security process, which is very slow. Many people have to go to a hearing in front of a Social Security judge to get approved for disability benefits. It is currently taking about a year and a half to get to a hearing in the Tampa and Orlando areas from the time you first apply for benefits. That is because they are very overwhelmed with claims, and simply don’t allocate enough staff to process all of the claims in a quick fashion. Social Security is only supposed to put you at the top of the waiting list for a hearing if you have a terminal illness or are in danger of losing your home. So, even with a lawyer on your side, there may still be long waits to get approved. |
| Q: What will a lawyer charge? |
| A: Social Security has rules about what a lawyer can charge you in a Social Security disability case. Social Security must approve any fee that any lawyer or other type of representative tries to charge you. Social Security will usually quickly approve a fee that is based upon paying 25% of your back award to the attorney, if you are approved for benefits. Any other types of attorney’s fee agreements must go through a longer approval process, so most attorneys just charge 25% of the back award if you are approved for benefits. |
