There are two different types of disability benefits available from Social Security. The first benefit is known as Social Security Disability Insurance or (“SSDI”), and is provided under Title II of the Social Security Act. The other benefit is Supplemental Security Income or (“SSI”), and is provided for under Title XVI of the Social Security Act.
SSDI is based on the claimant’s work history and the amount of work credits received. The eligibility is dependent upon the age of the claimant and the earnings received. Once it is determined that the claimant has met eligibility, the claimant must remain eligible. When a claimant stops working, the clock starts for remaining eligibility, this is called the date last insured or (“DLI”). The DLI is different for everyone, and is based again on the amount of work and earnings throughout the claimant’s work history. Typically a claimant has anywhere from two years to four years from when they stop working until their DLI. Disability must be proven to have occurred prior to the DLI.
SSI is based on resources and income, a claimant must be under a threshold income amount to qualify. The calculations and rules for SSI are rather complicated and therefore applications must be completed or finished directly with Social Security and cannot be completed online. A claimant is eligible when individually they fall below a resource requirement of $2,000.00 or as a household they below $3,000.00. Resources are essentially an asset, while you can own a home and one car, if your resources or assets are greater than the above listed amounts, you may not be eligible for SSI. There is more to this requirement and can be explained in depth by an attorney.
Our firm offers legal assistance at the application stage. If you are unsure about any of the process, it is best to consult an attorney. Our team of lawyers offers free consultations and can potentially assist you through your Social Security Disability Claim. If you have been injured and can no longer work, call ACA Law at 570-348-0200 today. We fight for what’s right.