Disability under Social Security is based on your inability to work due to physical or mental impairments. You will be considered disabled by Social Security Administration if you are unable to work and if your disability is expected to last at least a year or to result in death.
Social Security Administration pays disability benefits under either or both of two programs:
SOCIAL SECURITY DISABILITY ( SSD )
SUPPLEMENTAL SECURITY INCOME ( SSI )
The medical requirements for disability payments under the Social Security Disability ( SSD ) and Supplemental Security Income ( SSI ) are the same under both programs and disability is determined by the same process. While eligibility for Social Security Disability is based on prior work, SSI disability payments are made on the basis of financial need.
You may become eligible for Social Security Disability or Supplemental Security Income benefits at any age. Children with severe medical or mental impairments are also eligible for disability benefits under some circumstances.
If you qualify for Social Security Disability Benefits, certain members of your family may also qualify for benefits on your earnings records. They include:
- Your unmarried child (including an adopted child, or in some cases stepchild or grandchild). The child must be under the age of 18 or under the age of 19 if in high school full time.
- Your unmarried child age 18 or older,or if he or she has a disability that started before age 22.
- Your spouse who is age 62 or older, or any age if he or she is caring for a child of yours who is under age 16 or disabled and also receiving checks.
- If you die, your disabled widow or widower age 50 or older. The disability must have started before your death or within 7 years after your death.
Under the SSI program the disabled individual is the only person eligible for benefits. There are no benefits payable to the children, spouse or parents of an SSI benefits recipient.
IF YOUR CLAIM IS DENIED
If your initial application is denied by the Social Security Administration, you have the right to appeal the denial of your claim. The four stages of appeal are:
- Reconsideration
- Administrative Law Judge Hearing
- Appeals Council Review
- Federal Court Appeal
You have 60 days from the time you receive the denial of your claim, to file a timely appeal with the Social Security Administration. Your failure to file a timely appeal within 60 days, may result in waiver of some of your rights for Social Security benefits. You may retain an attorney at any level of the decision making process.
IF Y0U ARE APPROVED FOR SOCIAL SECURITY DISABILITY 0R SSI BENEFITS
You will receive monthly benefits under either or both programs. Under the Social Security Disability program, the amount of your monthly benefits is based on past earnings. Under the Social Security Disability program, your children may also be eligible for monthly cash benefits. SSI benefits are paid up to a certain maximum amount. In California the monthly benefits are generally $676. 00 per SSI recipient.
If your claim for Social Security Disability Insurance is approved you will automatically become eligible for Medicare benefits after 24 months of eligibility.
If your claim for SSI benefits is approved, you will become eligible for Medi-Cal immediately.
