Do you file for Social Security Disability or SSI?

How to prove you are disabled
and win disability benefits

The best way to answer this question is to say that when you go to a social security office to file for disability, it will be simply that. You will be interviewed for a disability application and the program that the claim is taken in (social security disability or SSI disability) will be determined by the social security office.

How does social security determine which disability program you are eligible to receive benefits in? When you initially contact SSA, your social security number will be used to ascertain whether or not you have insured status for title II benefits. Title II benefits are social security disability benefits and you become eligible for them via having earned sufficient work credits, which are earned through work activity.

The number of work credits a person needs to be insured for title II benefits may vary depending on their age. Younger individuals will need fewer credits which makes sense; otherwise, a disabled twenty-two year old who has not been in the labor market long would never be able to qualify for disability benefits under title II.

A person can contact SSA regarding their work credits and insured status; however, this is really unnecessary since the disability program you are eligible to have a claim taken in will be determined for you when you contact SSA.

Individuals who do not have insured status for title II, or social security disability, can potentially have a disability application taken in the SSI disability program. SSI disability is designed to provide benefits who are too young to have earned enough work credits for SSD (such as children), individuals who have never worked (perhaps because they were a stay-at-home spouse or parent or caretaker), and individuals who were previously insured for title II benefits but, because they have not worked in a long time (possibly due to being out of the workforce for an extended period due to a disabling condition) have now lost their insured status and coverage for title II.

Can you file for both social security disability and SSI? Yes, and it happens routinely all the time. Though, when it does many claimants may not necessarily realize that they are having their claim taken in both programs.

Claims taken in both programs are known as concurrent claims and they are taken when a person is insured for title II social security disability benefits, but would only receive a fairly small monthly disability benefit. In those cases, the social security administration may allow the claimant to file for SSI concurrently. The reasoning for this is that it may significantly increase the monthly benefit amount received by the claimant, assuming they are approved. In such cases, however, the total benefit they would receive each month would not exceed whatever is currently the maximum monthly SSI benefit.

Note: SSI is a program based on need and, specifically, this means that you cannot have more than two thousand dollars in countable assets (three thousand if you are married). Therefore, a concurrent claim cannot be taken when your total countable assets exceed the allowable limit.

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Topics and Questions

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What is the state disability agency (DDS, Disability Determination Services)?

SSD and SSI are Federal Programs

The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Recent approval and denial statistics for various states can be viewed here:

Social Security Disability, SSI Approval and Denial Statistics by state

Special Section: Disability Lawyers and unnecessary claim denials