Differences between Social Security disability and SSI disability.
Updated 07/19/2010 11:32 AM | ID #245
What is the difference between Social Security disability and SSI disability?The Social Security Administration is responsible for two major programs that provide benefits based on disability: Social Security Disability Insurance (SSDI), which is based on prior work under Social Security, and Supplemental Security Income (SSI). Under SSI, payments are made on the basis of financial need.
Social Security Disability Insurance (SSDI) is financed with Social Security taxes paid by workers, employers, and self-employed persons. To be eligible for a Social Security benefit, the worker must earn sufficient credits based on taxable work to be “insured” 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.
Supplemental Security Income (SSI) is a program financed through general revenues. SSI disability benefits are payable to adults or children who are disabled or blind, have limited income and resources, meet the living arrangement requirements, and are otherwise eligible. 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.
To qualify: Tim Horn-AIDSMeds
Individuals must meet SSA’s definition of disability, which differs for adults and children. For adults, disability is defined as “an inability to engage in any ‘substantial gainful activity‘”–a level of work activity and earnings, as determined by SSA–“by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”
SSA adopted a list of serious medical conditions–the HIV infection listing of impairments –which are applied at the third step of a five-step review process conducted by the SSA in reviewing disability applications.
The Listing currently requires a diagnosis of an AIDS-related opportunistic infection or cancer. The list of allowable medical conditions for HIV-positive adults is, indeed, long and includes a variety of once-common bacterial, fungal, protozoan or helminthic, and viral infections; sepsis; meningitis; pneumonia; septic arthritis; endocarditis; and sinusitis.
A frequent misperception is that a CD4 cell count below 200 which is a defining characteristic of AIDS, automatically qualifies individuals for SSDI or SSI. While this may have been true in earlier years, it is no longer the case. According to SSA;
CD4 count below 200 offers supportive evidence when there are clinical findings, but not a definitive diagnosis of an opportunistic infection(s). However, a reduced CD4 count alone does not document the severity or functional consequences of HIV infection.”
The Five-step review process for SSI and SSDI:
1. Are you working?
2. Do you have a severe medical impaiment?
3. Do you have a condition that meets or equals a listed impairment?
4. Can you do any work that you have previously performed in the last 15 years?
5. Can you do any other type of work?
A new report issued by the Institute of Medicine (IOM) on September 13, 2010 says the criteria used by the U.S. Social Security Administration (SSA) to gauge HIV-related disability is outdated and should be overhauled to include new qualifications based on CD4 cell counts and specific sets of medical conditions. The IOM recommendations—requested by SSA—will only apply to new Social Security disability applicants once the existing criteria are amended; current disability claimants will not be effected by the proposed changes.
There are a few ways to apply for SSDI or SSI in FL. You can call 1-800-772-1213 and set up an appointment at your local office. The local SSA offices are listed by town at the bottom of each ODAR office listed below. You can also apply for SSD on-line. SSI applications must be done at an office. Click on following link for more information on applying for Social Security Disability in general.
The law and proving disability are the same in every state.
If you are looking for a Social Security Disability lawyer in Florida it is a good idea to get more than one consultation. You should ask the attorney how many SSDI cases they have handled and find someone you are comfortable with. There are different ways to get representation. There are local lawyers, non-attorney representatives, and national firms.
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ODAR Address for Social Security Disability in South Florida
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SSA, Office of Disability Adjudication and Review
New River Center, Suite 1550
200 E. Las Olas Boulevard
Fort Lauderdale, Florida 33301
Telephone:
(954) 356-7385
Fax: (954) 356-7901
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SSA, Office of Disability Adjudication and Review
Federal Building, Suite 1600
51 Southwest First Avenue
Miami, Florida 33130-9651
Telephone:
(305) 536-5761
Fax: (305) 536-4788
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