why would my attorney put me in for both ssi and ssdi

by Damion Ondricka 6 min read

Social Security cases can take years. When you are tired and sick, and your future income is on the line, you need an SSDI attorney with the time, energy and expertise to do everything necessary to give you the best possible chance of winning your benefits. Let Lemoine Law Firm do the hard work for you.

Full Answer

Can I get both SSI and SSDI back pay?

Yes. In some cases, you may be able to qualify for both Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) benefits. The Social Security Administration (SSA) refers to this as concurrent benefits. People who are eligible to receive both types disability benefits are typically only entitled to a comparatively small SSDI benefit. Below, we review the …

Will a Social Security disability settlement affect my benefits?

The second factor in qualifying for both SSI and SSDI is based on your pre-disability employment history. You must have worked five of the last 10 years and had Social Security taxes withheld to qualify for SSDI. (Social Security work credits can be confusing – here’s a quick look at how they’re earned and why you need them.) This second qualifying step gets many claims denied, …

What is the difference between SSI and SSDI?

Interviewer: This brings to a great point, why would an individual utilize an attorney when applying for or collecting SSDI or SSI? What are the benefits of having an attorney? Many Initial Benefit Claims Are Denied. Jeanne: Well, quite frankly, there’s lots of paperwork that must be completed the right way.A good portion of the initial claims are denied.

How do I qualify for Social Security disability benefits?

In the end, if (1) your monthly income and overall assets are low enough to qualify for Supplemental Security Income, and (2) you have also worked long enough in one or more jobs and paid sufficient Social Security taxes into the Social Security Disability Insurance (SSDI) system to earn enough work credits, you may qualify to receive both types of benefits at …

What happens if your approved for SSI and SSDI?

Yes, you can receive Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) at the same time. Social Security uses the term “concurrent” when you qualify for both disability benefits it administers. However, drawing SSDI benefits can reduce your SSI payment, or make you ineligible for one.

Can you get back pay for both SSI and SSDI?

Yes, you can get both SSI and SSDI back pay. Supplemental Security Income (SSI) and SSDI have the same medical requirements. However, only individuals with limited assets will be eligible for SSI. Although SSI benefits will include back pay, the program does not offer retroactive benefits.Mar 22, 2021

When can you get SSI and SSDI at the same time?

If your SSDI benefit is under the current SSI monthly payment amount and you qualify for SSI, you'll get an SSI payment. Simply put, if your SSDI benefit is less than the set maximum per month, you can get both SSI and SSDI benefits at the same time.

Does SSI and SSDI come from the same place?

SSI and SSDI are two different programs with some significant differences between them, but they are both administered by the Social Security Administration (SSA) and the definition of medical disability is the same for both programs.

Can SSI be denied and SSDI be approved?

If you are approved for disability, but your disability onset is after the date you were last insured for the SSDI program, you will receive a denial for SSDI but an approval for SSI.

Which pays more SSI or SSDI?

In general, SSDI pays more than SSI. Based on data from 2020: The average SSDI payment is $1,258 per month. The average SSI payment is $575 per month.

How far back does SSDI backpay go?

twelve monthsSSDI disability benefits can accrue either from the initial date of application, or as far back as twelve months prior to the date of application, less a five-month waiting period.

What is the difference between SSI & SSA?

The major difference is that SSI determination is based on age/disability and limited income and resources, whereas SSDI determination is based on disability and work credits. In addition, in most states, an SSI recipient will automatically qualify for health care coverage through Medicaid.

Should I apply for both SSI and SSDI?

You would not have to apply for both separately, and if the SSA feels you meet the requirements and it's necessary, they will approve you for concurrent benefits. Because of the SSI limit, many SSDI recipients are deemed ineligible for SSI because their SSDI payment is higher than the federal benefit rate (FBR) limit.

Why did I get two Social Security checks this month?

MILLIONS of Supplemental Security Income (SSI) claimants will see two checks this month as the holidays approach. This will apply to the 8million people that are projected to receive SSI in 2022, according to the Social Security Administration.Dec 21, 2021

How Much Will SSI checks be in 2021?

SSI benefits increased in 2021 because there was an increase in the Consumer Price Index from the third quarter of 2019 to the third quarter of 2020. Effective January 1, 2021 the Federal benefit rate is $794 for an individual and $1,191 for a couple.

Is SSI Title II?

The Social Security Administration (SSA) administers two programs that provide benefits based on disability: the Social Security disability insurance program (title II of the Social Security Act (Act)) and the Supplemental Security Income (SSI) program (title XVI of the Act).

What is the maximum Social Security disability benefit?

SSDI payments range on average between $800 and $1,800 per month. The maximum benefit you could receive in 2020 is $3,011 per month. The SSA has an online benefits calculator that you can use to obtain an estimate of your monthly benefits.

Why would SSI be denied?

The most common reasons for SSI to deny claims are: Medical: This is the most frequent reason for denied claims. Often Social Security doesn't have enough medical documentation of your health condition, or Social Security doesn't believe your medical condition is bad enough to keep you from working.

Why would I be denied for SSI?

Your Disability Won't Last Long Enough or Isn't Severe Enough. To qualify for SSDI or SSI benefits, the Social Security Administration (SSA) must believe that your impairment is severe enough to last at least 12 months or result in your death. The only exception to this duration requirement is for blind SSI applicants.

What can stop you from getting SSI?

If you have more than Substantial Gainful Activity (SGA) in earned income, or too much unearned income, or if your assets are above the asset limit, you will not get SSI. If your income and assets don't exceed the limits, you'll get monthly benefits. The amount of money you get each month will depend on your income.

Experienced Tampa Social Security Disability Lawyer

If you’ve been disabled by an injury, illness, or other condition, but were awarded a low Social Security Disability Insurance (SSDI) benefit amount, then you may be wondering if you are also qualified to receive Supplemental Security Income (SSI) to help cover all your monthly expenses.

Concurrent Benefits May Be Available

You may be entitled to receive both SSDI and SSI benefits — referred to as “concurrent benefits” by the SSA — under a very limited set of circumstances.

Contact a Tampa Social Security Disability Lawyer at Mike Murburg, P.A

If you would like to get in touch with an experienced Tampa Social Security disability lawyer regarding possible concurrent benefits, we encourage you to contact Mike Murburg, P.A. for immediate guidance.

How do I qualify for SSDI?

To qualify for SSDI, here are the core medical eligibility requirements: 1 You must have a diagnosed medical condition that renders you disabled to the point that you cannot work for at least 12 months. An expected prognosis of death is also suitable for meeting this requirement. If your diagnosis is on the SSA’s compassionate allowances (CAL) list, you’ll automatically qualify as “disabled.” 2 You must follow your doctor’s recommended treatment regimen for your condition, including routine check-up visits, taking prescribed medications, attending physical therapy sessions, etc. as applicable.

How long do you have to be disabled to get SSDI?

To qualify for SSDI, here are the core medical eligibility requirements: You must have a diagnosed medical condition that renders you disabled to the point that you cannot work for at least 12 months.

How many people are eligible for SSDI in 2019?

According to the Social Security Administration (SSA), about 4% of claimants in 2019 were eligible for both SSI and SSDI benefits. While this number may seem small, that 4% represents 2,715,000 Americans.

How much income do you need to qualify for SSDI?

To qualify for SSI, your monthly income must be less than $1,260. If you’re a blind person applying for SSDI who currently earns more than $2,110/month, you won’t qualify. Non-blind applicants must earn less than $1,260 total per month to qualify for benefits. This number can vary from state to state, and figuring out which income limits apply ...

What is the maximum SSI benefit for 2020?

In 2020, the maximum monthly SSI benefit for eligible couples is $1,175. Other uncounted income and financial resources that don’t count towards determining your SSI claim’s eligibility. If your household owns one car and uses it for transportation, it doesn’t go towards your $2,000 maximum in countable resources.

What is SSDI disability?

SSDI provides benefits to disabled or blind individuals who are “insured” by workers’ contributions to the Social Security trust fund. These contributions are based on your earnings (or those of your spouse or parents). In order to qualify for SSDI benefits, you must have earned enough credits by paying your Social Security taxes as required by the Federal Insurance Contributions Act (FICA). Title II of the Social Security Act authorizes SSDI benefits.

What is SSI cash?

The SSI program makes cash assistance payments to aged, blind, and disabled individuals (including children) who have limited income and resources. There is no work history requirement. The Federal Government funds SSI from general tax revenues. Many states pay a supplemental benefit to individuals in addition to their Federal benefits. Some of these states have made arrangements with Social Security to combine their supplemental payment with Social Security’s Federal SSI payment into one monthly check to you. Other states manage their own programs and make their payments separately. Title XVI of the Social Security Act authorizes SSI benefits.

How much does SSDI raise your benefits?

The benefit of collecting SSI when you are collecting monthly SSDI benefits of less than $783 a month is that the SSI payment will raise your total benefits up to $783 per month.

Can you stack SSDI and SSI?

SSDI and SSI benefits do not “stack” on one another. In other words, you don’t add the entire amount you may qualify for under each program together. You cannot receive a higher monthly combined benefit than you would otherwise receive under the SSI program alone. Your SSI payment amount will be lowered by the amount of your SSDI payment to match the maximum SSI payment amount.

Can I collect SSI and SSDI at the same time?

Under certain circumstances, a claimant may be eligible to collect SSI and SSDI at the same time (called “concurrent benefits”). This typically happens when a disability applicant is approved for SSDI but only receives a low monthly payment. [Note: A low SSDI payment can be caused by not working much in recent years or making low wages.]

SSI and SSDI Back Pay Differences

Back pay is considered payments for the months between the date you applied for disability benefits and the date you were approved for benefits. There is also a key difference between SSI and SSDI back pay benefits:

Receiving Back Pay for SSI and SSDI

If you are awarded both SSI and SSDI benefits, you may have to wait longer to receive your back pay than you would if you were receiving SSDI benefits alone.

Contact Us For Additional Support on Back Pay

Every case is unique when attempting to get both SSI and SSDI back pay. That’s why we’re here to support you throughout the disability application process to help you receive as much in disability benefits as you are eligible.

What is SSI in the US?

SSI, which stands for supplemental security income, is essentially a welfare program that pays benefits to claimants who do not have enough earnings to qualify for SSDI. Unlike SSDI, which looks at what you have paid into the system from taxes to determine your monthly benefit, SSI benefits are set out by Congress.

How long do you have to work to get SSDI?

In order to be covered you must show that you have worked and paid into the system for approximately five out of that ten year period. The calculations are slightly different for younger workers, but for purposes of this article, you will be insured if you earned around $4,000 per year for five out of the last ten years, counting backwards from the date you became disabled.

Can you keep your SSI, Social Security Benefits if you receive a Settlement of a Personal Injury Lawsuit?

A primary question with regards to filing a lawsuit is whether a lawsuit impacts your SSI, SSDI or Social Security benefits.

Supplemental Security Income (SSI) Benefits – Social Security

Generally the only benefits which are impacted as a result of such settlements are SSI benefits. Social Security Income benefits are “ resource based ” or “ need based “.

What is the difference between SSDI and SSI?

The primary difference between Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) is that SSDI is an earned benefit while SSI is intended for low-income individuals and people over 65. Qualifying for SSDI involves working and earning taxable wages to accumulate enough credits for receiving monthly benefits.

How many credits can you get from Social Security?

The SSA bases the amount of work credits workers receive on total annual wages. Workers are limited to earning no more than four credits per year. Currently, anyone paying Social Security taxes through employment will earn one credit when they have made $1,400 in wages.

Can I get SSI if I don't have enough credits?

Alternately, if you do not have enough credits to qualify for SSDI and have limited income, the Social Security Administration may approve you for SSI benefits. In addition, SSDI is a program supported by taxes while SSI is supported by the federal government.

Can I work part time on SSDI?

It is possible they could eventually accumulate enough work credits to transition from SSI to SSDI at some point .