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Social Security Disability

History

The Social Security Act was enacted in 1935 during the Great Depression by President Franklin Delano Roosevelt to ameliorate the rigors of life and to provide for the “security of the men, women and children of the Nation against certain hazards and vicissitudes of life.” (Message to Congress 1/17/34). When initially enacted, the Social Security Administration offered a variety of programs including programs for railway workers, miners who had contracted black lung disease, and social security retirement insurance benefits. In 1954, a Disability Insurance Benefits program (DIB or SSDI) was added for disabled workers. In 1972, Supplemental Security Income (SSI) benefits were added for disabled individuals who were income eligible/ low income and who had not worked long enough to qualify for SSRI or SSDI.

SSA’s Disability Programs

The Social Security Administration offers two disability programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Both programs provide disability benefits, and the definition of disability is exactly the same under both programs.

Social Security Disability Insurance (SSDI) benefits are available to individuals who have a substantial work history. It is financed with Social Security taxes paid by workers, employers, and self-employed persons. To be eligible for Social Security Disability Insurance benefits, a worker must earn sufficient credits within a given period of time based on taxable work. This results in "insured" status for Social Security purposes. Disability benefits are payable to blind or disabled workers,widow(er)s, or adults disabled since childhood, who are otherwise eligible. The amount of the monthly disability benefit is based on the Social Security earnings record of the insured worker. If the worker has worked long enough, benefits may also be available for the worker’s auxiliaries, i.e., dependent children.

Benefits are payable up to one year prior to the date of the SSDI application, provided the worker was disabled at that time. However, there is a five month waiting period after the established date of onset of disability during which benefits are not paid. The date on which benefits are actually paid, given the five month waiting period and the possible one year period of retroactivity prior to the SSDI application date is called your “date of entitlement.” SSDI beneficiaries are eligible for Medicare health insurance 24 months after “entitlement.” There is a monthly cost for Medicare which is subject to change each year. For the current cost of Medicare, call your local Social Security office. [create link to SSA offices]

Supplemental Security Income (SSI) is a benefit available to those individuals who have not worked substantially. The SSI program is financed not by taxes paid by workers, but by general income taxes paid to the federal government. SSI disability benefits are payable to adults or children who are disabled or blind, have limited income and resources, and are otherwise eligible, given their living arrangements. The monthly payment varies up to the maximum federal benefit rate, which may be supplemented by the State or decreased by countable income and resources.

The SSI program provides monthly income to citizens or “qualified legal residents” who were lawfully admitted to the US prior to August 22, 1996, who are age 65 or older, or are blind or disabled, and have limited income and financial resources. Also, some non-citizens granted a special status by the Department of Homeland Security (DHS) may be eligible.

Effective January 2006, the SSI payment for an eligible individual is $603 per month and $904 per month for an eligible couple. If you are married, and only one person is eligible, a portion of your spouse's income may be counted. In addition, your financial resources (savings and assets you own) cannot exceed $2,000 ($3,000 if married). You can be eligible for SSI even if you have never worked in employment covered under Social Security.

Definition of Disability

Social Security disability (SSDI or SSI) is defined as the inability to engage in substantial gainful activity because of a medically determinable physical or mental impairment. The disability must be total and must preclude the claimant from performing not only her/his “past relevant work,” but also any other work which exists in significant numbers in the regional or national economy.

However, depending upon a claimant’s age, education/literacy, and the type of work s/he has done, a claimant may be entitled to disability benefits even if only “partially” as opposed to totally disabled. This is known in Social Security law as “GRID” disabled. To facilitate disability determination, the Social Security Administration has established a set of GRIDS which reflect major functional and vocational patterns encountered in cases which cannot be evaluated solely based on medical considerations. The GRIDS are used when a claimant with a medically determinable physical impairment is not engaging in “substantial gainful activity,” and the claimant’s impairment(s) prevent the performance of her or his vocationally relevant past work. These GRIDS also reflect an internalized analysis of the various vocational factors, i.e., age, education, and work experience, in combination with the claimant’s established residual functional capacity. Under the GRIDS, a claimant may be fully capable of performing the full range of sedentary, light, or medium work, and still be legally GRID disabled, if her/his vocational profile and residual functional capacity fit appropriately into the GRID system.