Many people confuse Social Security Disability (sometimes called SSDI) and SSI. I have been a Virginia disability attorney for over 30 years. None of my clients know the difference between the programs. Here are the most important differences between these programs:

FirstIn order to get Social Security disability, you must have an earnings record and prove that you are disabled. Housewives come to me and say “Why can’t I get a disability?” I reply, “Where’s your earnings record?” The self-employed call me and say: “Where is my disability?” I answer: “Have you ever filed taxes and paid Social Security?” People who get paid in cash or under the table contact me and ask for Social Security. I say, “You only get what you pay for, it’s not a free ride.”

Second, for SSI, you do not need an earnings record. You just have to prove that you are disabled. But SSI is a welfare program, and even though its full name is Supplemental Security Income, it probably should have been called “Social Assistance Disability.” Like a welfare program, there is a means test. This means that even if you are disabled, you cannot get SSI if you have assets or income. In 2006, you cannot have more than $2,000.00 in cash assets and expect to qualify for SSI. The same housewife who could not get Social Security may also not be able to get SSI because she (1) has other unearned income; (2) her husband has too much income; and (3) she or her spouse has too much property.

Third, the Social Security benefit depends on the income paid by the worker and could reach $2,053.00 per month. Many ask me, “Why is my profit not higher?” My answer is always, “You get what you pay for.” Working at minimum wage is not going to result in a very high profit. Not working for several years will also result in a lower benefit. On the other hand, the maximum amount of SSI a person can receive in 2006 is $603.00 per month, but this does not depend on income.

Four, a person with a Social Security disability can also expect a payment for dependent children until age 18 or until the child graduates from high school. Dependent children share equally about 50% of the parent’s benefit. On the other hand, there is no dependent care benefit for an SSI recipient. People who get SSI often call me and ask, “Where’s my son’s check?” Unfortunately, I have to tell you that SSI does not have benefits for children.

FifthSocial Security Disability and SSI are similar in one sense. The disability test is the same.

Sixth, when you apply for Disability, Social Security will first check to see if you are eligible for Social Security Disability before allowing you to apply for SSI. Generally, if your Social Security check is more than $603.00, you would not be eligible for SSI. On the other hand, if your Social Security check is less than $603.00, you may be able to receive a small SSI check, bringing your total benefit to approximately $603.00 per month.

In summarySo, when a person says I’m “disabled” or want to be “disabled,” there’s a big difference between SSI and Social Security disability. Remember that SSI is a welfare benefit and Social Security Disability is an earned benefit.

Copyright © 2006, Jerry Lutkenhaus. ALL RIGHTS RESERVED

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