Disability Benefits 101: Working with a disability in California
Supplemental Security Income (SSI):
Program Description
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Purpose

The Supplemental Security Income (SSI) program may provide monthly disability income for those who meet Social Security rules for disability and who have limited income and resources.

History

In 1972 the Social Security Administration (SSA) became responsible for the public assistance programs for the aged and disabled that were previously administered by states. This initiative became the Supplemental Security Income program. The program is also referred to as Title XVI (of the Social Security Act).

Medical Eligibility

The Social Security definition of disability must be met in order for one to be eligible. This is the same medical definition used in the Social Security Disability Insurance (SSDI) program.

Social Security's Definition of Disability
To be considered medically disabled according to Social Security rules, an individual must be unable to engage in any "Substantial Gainful Activity" (SGA) due to 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. In addition to being unable to perform his or her previous work, the person cannot, considering age, education, and work experience, engage in any other kind of SGA that exists in the national economy (1967 Amendments).

Substantial Gainful Activity (SGA) means any significant activity, physical or mental, performed over a reasonable period of time which he/she receives remuneration or profit. To qualify, an individual’s monthly earned income must be less than $1,000, the SGA amount for 2010. SGA dollar amounts are adjusted every January, a process called indexing.

Social Security has separate rules for those who are blind. SGA is $1,640 for blind beneficiaries.

An individual may be able to support his or her disability claim and meet the above definition by:

Social Security provides information for individuals applying for benefits called Qualify and ApplyOffsite Link.

Social Security's complete definition of disabilityOffsite Link is also published on the web.

Individuals living with HIV/AIDS may also qualify under Social Security’s definition of disability by meeting the criteria for one of the 41 opportunistic infections listed in the Blue Book’s Adult Listing of Impairments (Immune Systems). A PDF version of the Adult Listing of ImpairmentsOffsite Link can be found on Social Security’s website. If an individual qualifies under one of the opportunistic infections, the Social Security Form called SSA 4814 can be used. This form is not currently available online, but can be obtained at a local Social Security office. HIV/AIDS service organizations should have these forms too.

Presumptive Eligibility SSI Payments

Social Security may grant immediate SSI payments for a maximum of 6 months, called presumptive eligibility. This provision applies only to certain medical conditions among Social Security’s list of impairments, found in Disability Evaluation Under Social SecurityOffsite Link, which is called the Blue Book.

Individuals living with HIV/AIDS can qualify for presumptive disability benefits if they meet SSI’s eligibility requirements and complete a SSA 4814 Form.

Presumptive disability payments provide the SSI cash benefit while the claimant awaits the full Social Security review of their claim. Repayment of presumptive disability benefits is not required even if Social Security denies the SSI claim.

Contribution Requirements

None. This program provides a supplemental income when the definition of disability is met and financial need is demonstrated.

Residency Requirement

An individual must be a legal United States and California resident. Social Security provides an explanation of the residency rulesOffsite Link.

The People's GuideOffsite Link is another useful source of information for immigrants and Social Security.

Resource Levels and Requirements

An individual may not have liquid assets (accessible money) in excess of $2,000 ($3,000 for a couple). Ownership of one house, occupied by the individual, and one car will not be considered when determining the individual’s resource levels.

As of July 2010, an individual’s monthly unearned income, such as disability income, must be less than $865.00. This is the current SSI maximum plus a $20 general income exclusion.

As of July 2010, a couple's monthly unearned income must be less than $1,427.20. This is the current SSI maximum plus a $20 general income exclusion.

An individual should also apply for other programs, such as State Disability Insurance and Social Security Disability Insurance.

Benefits as of November 2010 in California

The SSI benefit in California is a combination of funds from the Federal Benefit Rate (FBR) and State Supplemental Program (SSP). The FBR for an individual is $674 and $1,011 for a couple as of July 2010. The SSP is $171 for an individual and $396.20 for a couple as of July 2010.

  • Maximum combined benefit is $845 per month for an individual as of July 2010.
  • Maximum benefit is $643.52 per month if an individual is in household of another and receiving in-kind support (for example, free rent) as of July 2010.
  • Maximum combined benefit is $913.00 per month for an individual who meets Social Security's definition of blindness as of July 2010.
  • Maximum combined benefit is $1,407.20 per month (as of July 2010) for a couple living independently who are both disabled.
  • The Supplemental Security Income monthly benefit will be $20 more if a household is receiving other unearned income such as State Disability Insurance or Social Security Disability Insurance.

The benefit will continue to be paid as long as the individual continues to be disabled and meets the financial criteria above.

Social Security maintains a complete listingOffsite Link of California maximum monthly payments.

Californians who qualify for SSI benefits are automatically enrolled in Medi-Cal health coverage.

An SSI recipient's claim will be periodically reviewed to determine if there has been any medical improvement in their condition and/or to determine whether he/she continues to be eligible for benefits. These reviews are called medical Continuing Disability Review (CDR) and work Continuing Disability Review (CDR).

Integration

The SSI program is designed to provide a supplemental income. Other unearned income will be considered before SSI pays a benefit. Examples include:

  1. California State Disability Insurance (SDI) pays first, and then SSI pays a supplement up to allowable limits; or
  2. SSDI pays first, and then SSI pays a supplement up to allowable limits.

Waiting Period

There is no waiting period for SSI. Benefits begin from the date the application process started with Social Security or the date the disability began according to Social Security rules, whichever is later.

Application

Processing an SSI claim should take 1-6 months if all required documentation is provided. If a claim is denied by Social Security and an appeal is filed, the SSI claim process could take longer.

To apply for SSI, contact Social Security by phone or visit a local office. Local Social Security offices can be found by using SSA's office locatorOffsite Link or by calling (voice) 800-772-1213 or (TTY) 800-325-0778.

At this time, the SSI application is not available online. However, the application for the Social Security Disability Insurance (SSDI) program is available onlineOffsite Link.

Forms and Required Information

To file an application for the SSI program, you will need to complete the following forms:

  • SSA-3368 (Disability Report)
  • SSA-827 (Medical Releases) and
  • SSA-3369 (vocational report).

Additional forms may be required. Please check with your local Social Security office for details.

You may also need to supply the following additional documents:

  • Social Security number and proof of age, such as certified copy of a birth certificate
  • Names, addresses, and phone numbers of doctors, hospitals, clinics, and institutions where an individual was treated, and the dates of treatment
  • Names of all medications an individual is currently taking
  • Medical records from doctors, therapists, hospitals, clinics, and caseworkers
  • Laboratory and test results
  • Summary of work history and the kind of work performed
  • Recent W-2 form, or tax return if self-employed
  • Marriage information including dates of any prior marriages
  • Proof of application to other public benefits programs, such as State Disability Insurance or Workers' Compensation
  • Information about living arrangements, such as a mortgage or lease with the landlord’s name and
  • Payroll slips, bank books, insurance policies, car registration, burial fund records, and other information about income and resources.

Retroactive Payments

SSI cash benefits are paid from the application date on file with Social Security, called the protective filing date, or from the onset of disability, whichever is later. The initial contact made to Social Security by phone or in person to apply for SSI becomes the protective filing date.

Additional Information

Individuals should inform their medical providers that they are in the process of applying for benefits. This will ensure that medical providers will recognize the need to clearly document medical findings that will support disability claims and that they can be prepared to submit medical records when requested by Social Security.

The SSA provides an excellent source to research SSA program rulesOffsite Link.

Social Security provides a site with links to information about Supplemental Security IncomeOffsite Link.

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