Disability Income

Disabled persons who are unemployed and could no longer have substantial and gainful employment because of their disability can receive disability income benefits through Social Security Administration’s programs such as Social Security Disability Insurance and the Supplemental Security Income. Through these programs, persons with disability can receive disability income to augment their needs.

Under the law, disabled persons are entitled to receive social security disability income through two main programs of the government:

• SSDI
  
  

  Under SSDI, a claimant must have worked long enough and paid enough into Social Security through their FICA taxes to be “insured.” As a general rule, if a claimant worked at least five of the last 10 years, he would be “insured” for purposes of disability insurance benefit. The amount that a claimant receives each month is based on how much he had “paid into” the system during his working life. Generally, the longer someone has worked and the higher his earnings, the more he would be paid if found disabled. Individuals found disabled and entitled to these benefits may be awarded retroactive benefits. Retroactive benefits can only go back one year from the date of the initial application. There is a five-month waiting period from the date the claimant is determined to be disabled until entitlement to these benefits begins.

• SSI
  
  

  Under the Supplemental Security Income (SSI) program, the government provides payments to an adult or child who is disabled and has limited income and resources (and their dependents). It provides cash to meet basic needs for food, clothing, and shelter. SSI benefits are however not based on your prior work or a family member's prior work. Its benefits are based on need rather than the amount paid into the program or the number of quarters worked.

  SSI benefits are paid to eligible people only, not to family members or survivors. Children are required to have a medically determinable physical or mental impairment which results in marked and severe functional limitations.

  The amount of benefits depends on beneficiary's income and whether the person lives alone, with others, in the household of another, or in a residential care facility. It also enables beneficiaries to be eligible for food stamps and in some cases an application for SSI benefits also serves as an application for food assistance.

  Social Security SSI remains an option for a number of recipients and applicants who may meet federal criteria. Since SSI benefits are not time-limited, they offer greater stability to individuals who are disabled and who are not able to fulfill work requirements under TANF. SSI programs take into consideration the income and resources of individuals and families to establish the amount of aid provided to beneficiaries. To qualify for SSI, your monthly income cannot exceed the so-called federal benefit rate (FBR), which is set by law.

  Our experienced California social security disability lawyer specializes in SSD and SSI claims and represents clients in cases involving disability income in California, especially in its key cities such as Los Angeles.