Definition of Disabled for SSI

SSDI and SSI are two different programs.  They are funded differently and have different non-medical requirements.  Supplemental Security Income (SSI) makes payments to people who are low income and have limited resources, blind, disabled, or 65 and over.  Blind and disabled children can also receive SSI benefits.  The SSI program is income based; income from other sources can affect the amount of the benefit received.

Disability Definition  

The medical requirements for both programs are the same.  Social Security’s definition of disabled for SSI is as follows:  

• Unable to engage in any substantial gainful activity because of physical or mental impairment
• Your medical condition must significantly limit your ability to do basic work activities—such as walking, sitting, and remembering
• You must be unable to work but also unable to do any other work based on your age, education, and work experience.
• The impairments must be established by objective medical evidence;
• The impairment must be expected to result in death or expected to last at least 12 months.

Social Security administers both programs.  The advantages to SSI and SSDI having the same definition of disabled are:

• There is no duplication of effort.  You apply for both programs at the same time. Social Security determines your income eligibility for SSI after finding that you meet medical definition of disabled.
• If you are disabled, you can receive SSI until the five-month waiting period for SSDI is over.
• If your SSDI benefit does not meet the federally mandated minimum, you will automatically get SSI to bring your benefit up to the minimum.
• If you do not meet the non-medical requirements for SSDI, you do not have to reapply for SSI.
• Appeal Rights, procedures and deadlines are the same for both programs. 

Talk to a Disability Attorney

You do have the right to have legal representation concerning any aspect of social security.  Your representative can be an attorney or other qualified person.  Legal representation is advisable when dealing with the technical nature of disability claims or issues involving eligibility.  Social Security will pay fees to this person if you have a fee agreement or a fee petition is filed.  Social Security will not pay more than 25% of pass due benefits or $6,000 whichever is less.  You should look for legal counsel that has experience with social security cases and hearings.