What is the difference between Social Security Disability (SSD) and Supplemental Security Income (SSI) - Part I?

Both SSD and SSI are Social Security Administration programs that pay benefits due to a person's disability, but they are very different. SSD is available to people that are "insured." That means people that have worked and paid payroll taxes into the system for a minimum period of time. SSI is an indigent program available to people that do not qualify for SSD or for people that have limited assets and SSD does not pay enough to reach the SSI level.

Here are some basis financial requirements of both programs:

· SSDI financial eligibility is based solely on the Social Security (F.I.C.A.) payroll taxes. · Resources are not taken into account · To be eligible for SSDI, the claimant must have paid F.I.C.A. taxes in 20 out of the last 40 calendar quarters (five out of the last ten years). If the claimant is under age 31, that number is reduced. Over age 42, the minimum number of quarters increases approximately one quarter for each year over age 42. 20 CFR §404.130. · As long as the claimant can meet the payroll tax payment requirement, a claimant may receive SSD benefits if they become totally disabled, regardless of what other income or wealth they may have.

Financial Eligibility Non-medical requirements

· Resources/Assets must be less than $2,000 ($3,000 for a married couple). 20 CFR §416.1205. This includes all money in checking, savings, as well as retirement savings accounts. It also includes real estate (except your home), stocks, bonds, mutual funds, and other investments. 20 CFR §416.1201. It does NOT include one car, the residence the claimant lives in, most personal property including furniture and clothing, and certain other exempt items. 20 CFR §416.1210; 20 CFR §416.1212; 20 CFR §416.1216. 20 CFR §416.1218. · Income is more complicated since it is related to the amount of SSI benefit a claimant is eligible to receive and that varies. Generally, the claimant’s income must be less than the amount of benefit they would be eligible to receive, and SSI will only pay the difference between the claimant’s other income and the amount they would be entitled to receive based on their residence and living situation. 20 CFR §416.1100.

My next post will address how much in monthly benefits the Social Security Disability system pays in comparison to the SSI system.


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Social Security to Open New Hearing Offices

Social Security Commissioner Michael Astrue announced at a congressional hearing on March 24, 2009, that plans are in the works to open ten new hearing offices in an effort to reduce the disability backlog. The new locations will be:

• St. Petersburg, FL
• Tallahassee, FL
• Atlanta South, GA (Covington)
• Topeka, KS
• Livonia, MI
• Mt. Pleasant, MI
• Fayetteville, NC
• Akron, OH
• Toledo, OH
• Madison, WI

Three new National Hearing Centers will also open in the following locations:

• Albuquerque, NM
• Chicago, IL
• Baltimore, MD

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

DISABILITY BENEFIT TIP: How Long Will It Take to Resolve Your Disability Claim?

The amount of time it will take to resolve your disability claim (before filing a lawsuit) will vary according to the type of claim (insurance or Social Security) and how the claim progresses. Keep in mind that some Social Security offices and some insurance companies take more or less time, but here are some general guidelines:

Social Security Disability

1. You apply for benefits

2. Expect 3 - 6 months to receive a decision

3. If you are denied, you have 60 days to appeal (request reconsideration)

4. Expect 3 - 6 months to receive a reconsideration decision

5. If you are denied, you have 60 days to appeal (request a hearing)

6. Currently, it takes between 16 - 24 months for your hearing to be scheduled

7. Expect 1 -3 months to receive a decision from a judge after the hearing

8. Expect 1 -3 months to receive your first benefit payment if you are approved

9. If your claim is denied, it will take an additional 4 - 24 months for further appeals

Long Term Disability (ERISA claims)

1. You apply for benefits

2. Expect 1 - 2 months to receive a decision

3. If you are denied, you have 180 days to appeal

4. The insurance company has 45 days to reach a decision, but can take an additional 45 day extension for a total of 90 days

5. If you are denied, you may have an opportunity to appeal again. Your plan document will tell you how long you have to appeal.

6. If you appeal again, your insurance company again has 45 days to reach a decision, but can take an additional 45 day extension for a total of 90 days

7. If you are denied and you are not entitled to any more appeals, you can file a lawsuit. The statute of limitations to file a lawsuit depends on the plan document provisions and the state in which you live

REMEMBER: Be patient. The time it takes the Social Security Administration or the insurance company to make a decision is out of you or your attorney's control. Keep in mind that these are general guidelines and each phase may take more or less time.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

National Pain Care Policy Act of 2009 (H.R. 756)

For many of our clients, pain is a primary disabling condition, whatever the underlying cause. That is why we applaud any research efforts related to pain management.

The U.S. House of Representative’s Energy and Commerce Committee approved the National Pain Care Policy Act of 2009 (H.R. 756). The legislation will now move to the full House for consideration and then travel to the U.S. Senate.
If signed, the National Pain Care Policy Act of 2009 would work to combat pain by authorizing a Pain Consortium at the National Institutes of Health (NIH) to expand research on causes and treatments for pain; providing comprehensive pain care education and training for healthcare professionals; creating a national public awareness campaign on pain management; and by authorizing an Institute of Medicine conference on pain management.

To read the Bill in its entirety, go to http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.756:.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Information About Social Security Disability

Although a knowledgeable attorney can provide you with answers to questions about your particular case, the Social Security Administration has a very informative website that can provide many general answers to questions about Social Security Disability. Here is a link to a page that has all of their brochures: http://www.ssa.gov/pubs/10029.html.

Being armed with as much information as possible when you are fighting with the government is a good idea. I recommend reading up on Social Security Disability if you have to apply. It is a very difficult time in your life, and you should not expect that Social Security will easily pay benefits just because you have paid into the system.


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

How to Get Military Service Records

In our Veterans Disability cases, we often have to get the vet's military service record. You can help yourself by getting the full record early in your VA claim. Here is a link to a page at the U.S. National Archives website to get you started: http://www.archives.gov/veterans/military-service-records/standard-form-180.html. It offers the necessary form and directions for how to get those records.


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

New Law May Help Disabled Workers Who Are Terminated Pay for COBRA

Jerry Geisel of businessinsurance.com is reporting that a component of the new economic stimulus packages signed into law by President Obama will allow involuntarily terminated employees to pay only 35% of the COBRA premium and the federal government will pick up the remaining 65%. The subsidies are available up to nine months, until a terminated employee is eligible for coverage from a new employer or from Medicare.

This is good news for disabled individuals who are not sure how they are going to pay for medical care. It is a shame that the law apparently limits this aid to those who have been fired or otherwise "involuntarily terminated" though. Admittedly, I have not read the new law, and there may be a provision for disabled workers, so I am not offering any opinions on that at this point.

For the full article, see http://www.businessinsurance.com/cgi-bin/news.pl?id=15772

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.