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If you are disabled and incapable of substantial gainful employment, you
may be eligible for
either Supplemental Security Income (SSI) or Social Security Disability Income
(SSDI). Both of
these programs pay money to persons who are disabled and incapable of substantial
gainful
employment (substantial gainful employment is defined as the ability to earn
up to $800 per month in earned income. If you have a physical or mental impairment
which prevents you from doing any work that will enable you to earn at least
$552 per month, you are eligible to apply for either SSI or SSDI if you meet
the other requirements of either of the programs.
SSDI Requirements:
In addition to being disabled, an individual applying for SSDI must have
worked and paid
into social security for a minimum number of work quarters, if she/he is
drawing on his or her own social security account (the minimum number of
quarters is determined by one's age and the number of years she/he worked
prior to becoming disabled). There is no deeming of one's assets (i.e. You
will not be asked questions about bank accounts, savings bonds, etc.) in
order to determine eligibility for SSDI. All that is required is that the
individual is disabled and no longer capable of substantial gainful employment,
and has paid into social security for the required number of quarters if
s/he is drawing on his or her own account. An individual may also be able
to collect SSDI under his or her parent's work record, s/he must have been
disabled prior to the age of 22, be single and be incapable of substantial
gainful employment. In order to collect on a parent's work record, the parent
must have died, retired or become disabled. In other words, a dependant adult
child can collect SSDI based on his or her parent's work record if the parent
is eligible for social security administration benefits.
SSI Requirements:
SSI requires that in addition to a person being disabled and incapable of
gainful employment,
s/he must be poor and have very little income and very few resources. The
following are a list of
resources that an individual is allowed to retain and still be eligible for
SSI:
In addition, Social Security does not count the following income in deciding SSI eligibility:
Once you are found eligible for either SSI or SSDI, your eligibility
may be reviewed every
year or every 3 years if there is an expectation that your disabling
condition may improve over time.
Even if you have a long term disability, SSI requires your case be reviewed
every 5-7 years to
determine that you still meet the eligibility criteria.
The amount of SSDI you receive depends upon the number of years you worked
and paid into
social security, the rate of pay, and your age when you became disabled.
The amount of money you
receive under SSI is limited to a maximum of $552 per month as of January
1, 2003, except in those
states that supplement the Federal SSI payment. Illinois is not one of
the states that supplements the Federal contribution.
There are other ways you can maximize the amount of money you receive
under SSI. These
include being knowledgeable about deductions allowed for "IMPAIRMENT
RELATED
EXPENSES" and about SSI's DEEMING requirements if you are living in
the home of another and you are receiving free or "in kind" support.
The following is a more detailed explanation of each. Impairment related
work expenses are those costs for services and items that a person needs
in order to work. The costs for these items and services must be paid
by the disabled individual and not be a cost that is reimbursable by
Medicare,
Medicaid or private insurance. Examples of impairment related expenses
are as follows:
One-Third Reduction Rule for In-Kind Support:
SSI will decrease the amount you receive by one-third if it is determined
that you are
receiving "in-kind support" from your parents or a friend or relative.
This means if you are living
in the home of another and they are not charging you room and board, then
SSI assumes that your parents are making a voluntary contribution towards
your support. Regardless of the dollar value of this in kind support, SSI
regulations "deems" this “in kind support” to be equal
to one-third of your SSI payment and reduces your payment in kind.
In order to avoid losing one-third of your SSI check you must be able to
show that you are
either paying rent or that you are contributing your "fair share" towards
the costs of maintaining your household. To determine whether or not you
are paying your fair share of your household's
expenses, SSI officials will require you to itemize your household's expenses
and divide those
expenses by the number of people living in the home. Household expenses include
total monthly
expenditures for food, rent, mortgage, property taxes, heating fuel, gas,
electricity, water, sewerage and garbage collection. If the amount of expenses
divided by the number of people in the home is less than an amount you are
capable of paying from your own income, SSI will allow you to keep your whole
SSI check. If the amount is greater than the amount you receive in earnings
and SSI benefits (even if only over by a few dollars), SSI will deem this
excess amount as a voluntary contribution towards your support, and will
reduce the SSI check by one-third.
Appeal Process:
If you are denied eligibility for either SSI or SSDI, you can appeal this
decision. Instructions
on how to file an appeal are given on the back of your notice of denial from
Social Security. You
will have a much greater chance of winning an appeal if you consult an attorney,
advocate or other professional who is familiar with Social Security. regulations
and appeal procedures. Some attorneys will accept your case on a contingency
fee arrangement. That is, they will get paid only if they win your appeal
and will accept 25% of your back payment as full payment for their legal
fees. It is important to know that while you have 60 days to appeal, you
must appeal within 10 days if you want your benefits to continue throughout
the appeals process . This is critical for persons who are dependent on their
check for basic care, shelter and support. It may take over a year to receive
a hearing and if you do not appeal within 10 days, your benefits will not
resume until after a final decision is reached.