What You Should Know About Social Security Disability (SSD) and Supplemental Security Income (SSI)

Social Security Disability (SSD) and Supplemental Security Income (SSI) are federal benefits provided to the aged, blind, and disabled. SSD benefits are for disabled people with a work history who have paid into the social security treasury for five out of the last ten years (20 quarters out of the last 40 quarters). If you do not meet the "20/40 test," you may still be entitled to Supplemental Security Income, or SSI, benefits. SSI benefits are for disabled people with little or no work experience who have limited resources.

To establish entitlement to either benefit, you must prove that you are unable to engage in substantial gainful activity or employment by reason of any medically determinable physical or mental impairment that lasted or can be expected to last at least 12 months. Your impairment must be shown by medically acceptable clinical and laboratory diagnostic tests.

There are several stages in the process, beginning with the initial application stage and typically ending with a hearing before an Administrative Law Judge, which is your only opportunity to testify. If you receive an unfavorable decision, you may appeal the Judge's decision or re-apply for benefits.

Typically it is best to consult with an attorney at the initial application stage. The attorney will assist you through the maze of forms, communicate with the Social Security Administration, retrieve records from your doctors, represent you at the hearing, and improve your overall chances of being approved for benefits.

If you have any questions, the attorneys of Stampone Law will be happy to schedule a free initial consultation.

In determining whether you are “disabled,” the Social Security Administration will conduct a five-step analysis:

STEP 1: Are you engaged in substantial gainful employment or earning more than $700 per month? If "yes," you may be denied on this basis. If "no," the analysis proceeds to Step 2.

STEP 2: Do you have a severe impairment? If "no," you may be denied on this basis. If "yes," the analysis proceeds to Step 3.

STEP 3: Is the impairment listed in Appendix 1 of the Social Security Act? If "yes," you are approved at this step. If "no," the analysis proceeds to Steps 4 and 5.

STEP 4: Can you perform past relevant work from the last 15 years? If "yes," you may be denied on this basis. If "no," your entitlement will be based on an analysis under Step 5.

STEP 5: Can you perform other substantial gainful employment considering your age, education, and work experience? If "yes," you may be denied on this basis. If "no," you will be approved for benefits.
Remember that it is not unusual to be denied benefits upon initial application. If this happens, do not give up. An experienced lawyer can help you secure all the benefits to which you may be entitled.