Can I Get Both Social Security Disability and SSI? Can a lawyer help me apply for Social Security?

Social Security disability and SSI? The answer to this question is yes. However, it depends on how much your monthly Social Security Disability payment is.

SSI (Supplemental Security Income) is a form of disability for those with low income and resources. SSD (Social Security Disability) is a payment that is based upon your tax record.

The maximum SSI payment in 2024 is $943 per month. Payments under SSD (on your tax record) can range between as little as $100 per month up to about $3800 per month. This is all based on the amount of Social Security taxes that you have paid throughout your lifetime.

SSI and SSD have the same criteria for what renders somebody “disabled.” Accordingly, if you are disabled for one of these programs you will be considered disabled for the other. The exception, however, is if you have remote date last insured. SSI always looks at your current medical condition. If you have not paid taxes in over 5 years, SSD will not be looking at your current medical state. Instead, they will be looking at your past medical condition to determine if you can get benefits on your tax record. This is because you only remain “insured” for SSD (on your tax record) for five years after you stop paying into the system. Please note that you have to work on the books (full or part time) during at least five calendar years (you need at least 20 quarters of coverage unless you are under age 30) in order to have eligibility on your tax record. See https://www.ssa.gov/oact/cola/QC.html

SSD payments (on your tax record) begin the later of one year before your application date or 5 full months after you became disabled. SSI payments (on financial need) can start the month after your application date. Accordingly, if you became disabled on December 15, 2023, and you filed your applications on January 15, 2024; SSI would be payable as of February 2024, but SSD would not be payable until June 2024. By way of another example, if you became disabled on December 1, 2022, but did not file your application until January 1; 2024, your SSI is not payable until February 2024, but your SSD would start in May 2023.

If your SSD (payment on your tax record) is more than $963 per month, you will not be able to get SSI for any overlapping months. SSI offsets unearned income (which includes SSD) dollar for dollar with a $20 dollar exclusion. However, given the 5 month waiting rule for SSD, some people can receive SSI for the first five months after their application date while they wait for their SSD to start.

What if your SSD is lower than $963 per month? If your SSD is lower than $963 per month than you can receive a combination of SSI and SSD. You will get two payments per month so that the combined amount equates to $963 per month (assuming you are eligible for the SSI maximum). For more information on how to qualify for SSI and how SSI is calculated please see https://www.sgsdisability.com/how-does-ssi-work/ and https://www.sgsdisability.com/what-is-the-highest-ssi-monthly-payment/.

In most cases, your SSD will be higher than the SSI maximum amount. In this scenario, you will only receive SSD after you get through the five month waiting period. SSD is an easier program to be on than SSI. Generally, nothing, outside of congressional action, will decrease your SSD amount once you are on it. The two exceptions to this are if you go back to work at too high of a rate and for too long. Or, if you are reviewed by Social Security and declared no longer disabled. By contrast, SSI can fluctuate month to month based on a claimant’s financial situation. Wages offset your SSI monthly payment by 50 cents on the dollar, unearned income offsets SSI essentially at a dollar for dollar rate, a single person cannot have more than $2,000 in assets (minus a home and one car) and get SSI, a married couple cannot have more than $3,000 in assets if one spouse is seeking SSI, a spouse’s income can decrease your SSI, and any help that friends or family provide to you can decrease SSI.

If you believe that you are disabled, please give us a call so that we can help you file the correct application for Social Security. We would be happy to assist you with a free case evaluation.