REQUIREMENTS FOR DISABILITY IN ALABAMA

Alabama joins 9 other states in the US in a so-called "streamlined" version of Social Security disability.  Don't let that label fool you, however.  While it may take even longer in the other 40 states, a disability claim in Alabama can drag on for a year - or two.

Here are some of the basic points in an Alabama Social Security disability claim.

• Insured Status.  You must first be covered under Social Security disability or Title II insurance.  This coverage is obtained by working and paying FICA taxes through payroll deduction.
• Severity.  You must have a medically determinable impairment that presents symptoms severe enough to prevent you from working, or symptoms which significantly interfere with your ability to work.
• Duration.  Your impairment must last or be expected to last a minimum of 12 consecutive months, or to end in death.
• Burden of Proof.  The claimant must prove that he/she is not able to work because of a severe medical impairment.  You must be unable to return to previous relevant work or to perform any other work.  Proving this will usually require both objective and opinion medical evidence.
• Probability of Denial.  In Alabama, just over 70 percent of Social Security disability claims are denied after a review of the initial application.  Then, the case must be appealed.  The claimant will end up in a hearing before a federal official called an administrative law judge (alj).  The ALJ can give you a favorable decision if your evidence supports your claim.  Caution:  In 2010, national award rates at the hearing level averaged over 60 percent.  At the end of 2013, award rates had fallen to below 50 percent for the first time in history.  These hearings are difficult and complex.  I advise professional help.

THE FORSYTHE FIRM
Phone (256) 799-0297 or (256) 431-1599

www.Get-SS.com

1 IN 4 ODDS FOR SOCIAL SECURITY DISABILITY APPROVAL

Odds of 1 in 4 may not be bad in some wagers.  However, if you are unable to work, have bills pouring in and need an income, the odds are not so good.

Only about 1 in 4 applications for Social Security disability will eventually be approved.  And the process can take months or years.  The process itself can be depressing.  No wonder most people simply give up before they get benefits.

That's where an expert representative can help.  No, we cannot make it an instant process, usually.  We can't fundamentally change the process.  We can deal with the hassles for you, and we can make sure that every form is properly completed and nothing is holding up your claim unnecessarily.  We can also prepare a strong appeal if your claim is denied.  Our advocate will stand with you at the hearing and will present an argument most likely to obtain your benefits--future and backpay.

There is no cost until your claim is approved and your backpay check arrives.  Then, because we are approved for Direct Pay, Social Security will pay our fee directly by deducting it from your backpay.  There is no risk on your part.  If you don't win, you don't pay a fee.

Make the most out of your Social Security disability claim.  The odds are poor enough.  Statistics show that claimants who are represented are more likely to win than those who are not represented.  Free local consultations (Huntsville area) are available.  Call us at (256) 799-0297.

If you live in the middle Tennessee or Nashville area, call our Nashville office at (615) 732-6159.

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THE FORSYTHE FIRM
Social Security Disability Advocates
7027 Old Madison Pike
Suite 108
Huntsville, AL 35806                                                                                       

(256) 799-0297

THE FORSYTHE FIRM
725 Cool Springs Blvd.
Suite 600
Franklin, TN 37067
(615) 732-6159

CAN I APPLY FOR DISABILITY IF I WORK?

Here's a question we get all the time?  Can I apply for Social Security disability without quitting work?

The answer is not "Yes" or "No."  The answer is "Maybe."

If you are working at what Social Security calls "substantial gainful activity" (SGA) level, you are not eligible for disability.  SGA for 2013 is earning at least $1,040 per month, in gross earnings.  Self employment income is also considered.  Note that Social Security does NOT count retirement income, investments, or most insurance or annuity payments as earned income.

Work can be considered SGA even if you don't earn $1,040 per month.  An example would be a self-employed person who works 40 hours a week in her own business but does not produce $1,040 a month in income.  This individual is still engaged in work that is "substantial" and "gainful."

If a person earns less than $1,040 per month (in 2013) he is technically not engaged in SGA and may apply for disability benefits.  However, Social Security may take the fact that you are working, even part-time, as an indication that you can perform work related activities.  That could hurt your claim.  The decision whether to work or not work after filing a Social Security disability claim is a tough decision to make.  It's probably better not to work unless you have to.

Key Factors in a Social Security Disability Case

Here are a few key ingredients that go into a Social Security disability case.  I am referring mainly to the hearing level - but to some degree, these "ingredients" go into cases at all levels of consideration.

• Claimant's Age:  It is a little easier for claimants over age 50.  That doesn't mean younger claimants can't win; they certainly do.  But we may have to work harder.
• Education level:  The more education a claimant has, the more likely the ability to transition into "other work."  The "occupational base" will be larger.
• Residual Functional Capacity (RFC) - refers to the maximum exertional abilities the claimant can still perform even with his/her impairments.
• Relevant Past Work - refers to all the jobs the claimant has performed within the past 15 years (with some conditions applied).
• Are there transferable skills?  If the claimant has worked in very skilled occupations, she may have skills that will transfer to other types of work.
• Exertional limitations - lack of ability to lift, carry, walk, push, pull, etc.
• Postural limitations - can the claimant kneel, bend, crouch, crawl, climb, stoop, etc.?  Is her ability to sit for prolonged periods of time restricted?
• Non-exertional limitations - may also include mental restrictions, such as the ability to understand and follow instructions, make work related decisions, or respond appropriately to supervision, co-workers or others.

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THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
Visit our Website



Local member:  National Organization of Social Security Claimants Representatives - www.nosscr.org

How I Prepare for a Social Security Disability Hearing

Preparing for a disability hearing is hard work but vital to the case.  The judge will likely give you about 30 minutes to make your case. Those minutes are precious and must not be wasted.

I try to get to know the claimant first.  I want to meet him/her, listen to their story, know how they are limited, what they can do and can't do.  Every case is similar, yet each case is different, too.

Next, I try to read all of the medical records.  I want to digest what the doctors have said about my client.  Then, I take a look at the vocational evidence.  What kind of work has this person performed in the past?  What skill level was involved?  How was each past job classified as far as the exertion level?

When I feel that I know the claimant and the case pretty well, I will sit down to write the legal brief.  The brief is a precise framework that walks the administrative law judge through the medical and vocational files--and leads to a logical conclusion.  A good brief will cite Social Security Listings, rulings, laws or grid rules that apply to the case.  It will give the judge several reasons to find the claimant disabled.  

Often, I don't see a way to prove disability until I write the brief.  That's when the "light dawns," so to speak.  Sometimes, I literally jump up from my computer, reach toward the ceiling and say, "That's it!  That's how we prove disability!"  It's the defining moment.  Once I see the legal logic, then I know I can make the judge see it, too.

Finally, I go over my checklist.  Did I overlook anything?  What are potential problems that may occur?  Is there a contingency plan if "this" happens or "that" happens?  If there are vocational or medical experts scheduled to testify, I want to anticipate their testimony and be prepared to answer them.  At this point I also meet again with the claimant to explain what's going to take place at the hearing.  I lay out the "road map" of the case for the claimant to see.  "Here's where we need to go and here's how we're going to get there."
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Charles W. Forsythe is a founding member of the Forsythe Firm, a Social Security disability advocacy firm in Huntsville, AL.  The firm practices solely in the field of Social Security disability and represents clients in northern Alabama and Middle Tennessee.  (We also have advocates in the Nashville and Franklin, TN. areas). There is no charge unless you win your case and are granted back pay.  Contact us at:  (256) 799-0297.  Click here to visit our web page for more information.

SSDI - WHAT YOU MUST KNOW ABOUT SOCIAL SECURITY DISABILITY

Much of what you see on TV and read in the papers about Social Security disability is myth.  The same goes for the internet.  Separating truth from fiction can be a daunting chore.  As a disability advocate who has appeared before judges and argued on behalf of claimants, I've condensed some vital information into this article.  It isn't everything, but it does include vital and accurate information.  I'd almost call it "SSDI 101."

Your initial application must be correct and complete.  You wouldn't believe how many applications I've seen where only half the forms were completed.  Doctors addresses and telephone numbers omitted.  Dates of service were not given.  Job details are often omitted or improperly stated.  Take your time and complete these forms fully and accurately.

Be prepared to appeal to the next stage.  7 out of 10--yes a full 70 percent of initial applications are denied for one reason or another.  Instead of giving up, appeal all unfavorable decisions.  Awards come to the persistent.  "Don't delay.  Appeal today."  Sadly, only one-half of claimants who are denied will appeal.  Yet, a majority of those who do appeal will be awarded benefits, most of them will get paid all the way back to their alleged onset date.

Be sure you have enough solid medical evidence.  Individuals who have not seen a doctor for their alleged disabling condition are not likely to ever get Social Security disability benefits.  Even if you are not working and have no insurance, SSA expects you to be receiving medical treatment if you have a serious impairment.  The Act requires that you have a serious "medically determinable impairment" before you can be awarded benefits. If you cannot afford a doctor, check into a community free clinic, health department or similar provider.  Get on the Internet and Google "free health clinics in (your hometown)."

Try to get more documentation about your impairment.  Often, medical records alone are not sufficient.  Try to get your doctor to provide specific written testimony about the duration and severity of your symptoms.  Social Security provides two forms for this purpose.  If you have a physical impairment, use form HA-1151.  If you have an emotional/mental impairment, use form HA-1152.  Both of these forms can be downloaded at www.socialsecurity.gov/forms.  The doctor who completes and signs these forms should be a doctor who has treated you for a period of time, otherwise, Social Security won't give the form very much weight.

You must give Social Security a picture of your functional limitations.  You will not be found disabled because you have a particular illness or injury.  For example, having Multiple Sclerosis will not automatically qualify you for disability.  You must show severe functional limitations that make it impossible for you to perform any work on a full time, persistent basis.  What they want to know, for example, are things like:  how long can you sit, stand, walk?  Are you able to stoop, bend, crouch, kneel?  Are you able to meet the mental demands of work, such as remembering and carrying out simple instructions?  Adjusting to usual work situations?  Responding appropriately to supervision, coworkers and others?  Maintaining concentration, persistence and pace for up to 2 hours at a time?  

Document any unusual limitations that prevent working full time.  Some examples would be:  You must keep your feet elevated when sitting for longer than 30 minutes.  You have a medical condition that requires breaks more often than once every 2 hours or breaks that last longer than 15 minutes at a time.  You take medication that makes it dangerous for you to be around machinery.  Your condition would require you to be absent from work more than about 1 to 2 days per month on a persistent basis.  These are the types of things that could make you unable to perform full-time work activity.  They must be documented by your doctor.

Find someone local who can help you at your hearing.  You need someone who is learned and experienced in Social Security law and procedures.  He or she should have handled hundreds of Social Security disability cases.  This would be a professional person.  When I say local, it helps if you can walk in and speak face-to-face with this individual as your prepare for your hearing.  As to the fee, you cannot be charged a fee unless you win your case AND you collect retroactive pay or "back pay" in a lump sum--in addition to future monthly benefits.  The representative's pay will be a small percentage of your back pay.  If you do not collect back pay, the representative is prohibited from charging you any fees.  This is  called a "contingent fee agreement."  The fee is contingent upon winning and collecting money.

Finally, here are the levels of appeal available to you:

1. Initial claim - a decision will be made by your state disability determination agency within 90 to 120 days.  In Alabama, almost 71 percent are denied.
2. Reconsideration - is required in 40 states.  In the other 10 states, including Alabama, you may skip this step and go directly to step 3, a hearing.
3. Hearing before an administrative law judge.  It typically takes 12 months to complete this step.  This is the stage at which most cases are awarded.  The national approval rate for ALJ decisions in 2012 was 52 percent.  Alabama was slightly higher.
4. Step 4 is an appeal to the Appeals Council, a special agency inside the Social Security Administration.  You do not appear at this review; another administrative law judge will review the findings of the hearing judge and take one of 3 actions:
• Refuse to review - allowing the original hearing decision to stand.  This happens in about 75 percent of cases.
• Remand the case for another hearing before an administrative law judge.  This happens in about 22 percent of cases before the Appeals Council.
• Make a direct award.  This happens in only about 3 percent of cases.

     5. If your appeal before the Appeals Council is unfavorable, you may then file a lawsuit  against the Commissioner of Social Security in A US District Court.  This will require the help of an attorney.  Fewer than one percent of all Social Security cases are settled in federal district courts, however. 

Where am I most likely to win my Social Security disability claim?  Statistically, more people win their claims at the hearing before an administrative law judge than at any other step.  It is critical that you have adequate representation at this hearing because this is your best chance to obtain both your past due benefits and future benefits.
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This article was prepared by:
Charles W. Forsythe, MS
The Forsythe Firm
Huntsville, AL 35806
(256) 799-0297

This article is intended for general information only and is not to be considered legal advice for any particular claim or situation.  The Forsythe Firm does not retain any client for representation except by written contract and nothing herein may be construed to be representation in any form.  The Forsythe Firm is not affiliated with the US Social Security Administration.
 

DISABILITY WHILE DRAWING UNEMPLOYMENT

May you apply for Social Security disability benefits while drawing state unemployment benefits?  A question we get pretty often in today's economy.  

First, let me clarify that there is a big difference between disability and unemployment.  They are not at all the same thing.  

In Alabama, you may draw unemployment benefits if you have lost your job through no fault of your own.  But you must be able to work, available for work, and be actively seeking work to qualify for unemployment benefits.  A disabled person by definition is not able to work and therefore, would not qualify for unemployment under state rules.

A disabled person is one who has a physical or mental impairment so severe that it prevents him or her from performing work related activities on a full-time basis.  Full-time usually means 8 hours per day, 5 days per week.

Now to answer the question:  May a person who is drawing unemployment benefits file for Social Security disability?  The short answer is yes.

Unemployment is not wages or earned income, so the income does not count towards the "substantial gainful activity" (SGA) rule.  While Social Security frowns upon a person drawing unemployment while applying for disability, it does not strictly prohibit it.  Recent opinions issued by chief administrative law judges recognize the facts:

• There is no guarantee that filing for Social Security disability will result in a payment.
• Social Security disability can take a long time to be decided.
• An individual should not have to choose between collecting unemployment benefits or filing for Social Security disability.
• Unemployment is just one factor that Social Security will consider when judging whether a claimant is eligible for disability benefits.

At hearings, some judges seem to have more trouble with unemployment benefits than others.  I honestly can't think of a case where I felt that a claimant lost his or her SSDI benefits solely on the fact that he or she was drawing unemployment benefits.  In any event, as I tell my clients, "You can't starve for 12 to 24 months while you're waiting to see if you can get Social Security disability."

June 2013 Update:  A bill was introduced in the US Senate (S. # 1099) on 6/ 6/13 which would eliminate Social Security disability benefits  for any month in which unemployment benefits were received by individuals under full retirement age (66).  As of this writing the bill is still in the Senate Finance Committee and has not been scheduled for a vote.

I Must Work, But Can I Apply for Disability?

Here is an unfortunate situation that we see all too often.  A person is really too sick to work but cannot afford to quit and file for disability.  If a person is working at "substantial gainful activity" (SGA) level, Social Security says he/she is not disabled.  They will not accept a disability application.  SGA level for 2013 is earning at least $1,040 per month before taxes.  Please note that this applies to earned income or wages, not investment or retirement income.

The only solution available to a person who must work is to work below SGA level; that is, to earn less than $1,040 per month. This would usually involve part-time employment. Then, it is possible to apply for Social Security disability while working.

We see people everyday in our practice who really should not be working.  However, as a client told me recently, "If I quit work I'd be on the street."  Sadly, the options are:  quit work and wait out the Social Security disability process, which can take months or years; or, try to get by on earning less than $1,040 per month.

If you need help plowing through the complicated disability process, please call our Huntsville, AL office.  We'd be happy to speak with you and there is no charge for a consultation.  In fact, we make no charge unless we accept your case and help you win back pay benefits.  It's a no risk proposition.

Contact us at (256) 799-0297 or toll free at 1-855-854-CASH.

OLDER WORKERS AND DISABILITY

The Grid Rules favor older workers in Social Security disability cases.  Grid Rules are the Medical-Vocational rules found in Appendix 2 of the "disability manual."  They combine a worker's age, education, exertional level and previous work experience to direct a finding of "disabled" or "not disabled."  As an individual ages, he or she is less adaptable to new unskilled work.  The Grid Rules are, therefore, more likely to find an older person disabled.

Let's take the illustration of an individual who is in the advanced age category (age 55 or over), has limited education (7th grade or below), has no past relevant work experience or only unskilled work experience, and is limited to sedentary level work.  Grid Rule 201.01 directs a finding of "disabled."

Let's take the same individual who is a "younger individual" (under age 44), with the same criteria used above.  He has a limited education (but communicates in English and is literate),  has no past relevant work experience or has done only unskilled work, and is limited to sedentary work.  Grid Rule 201.24 directs a finding of "not disabled."  The only difference in the two illustrations is age.

Keep in mind, however, that the Grid Rules do not cover non-exertional limitations such as psychological impairments.  Also, a combination of impairments may exist so that a person can be found disabled without meeting a Grid Rule.  An example would be a person who cannot even perform sedentary level work because of severe physical and/or emotional impairments.  If he/she is below sedentary work level, the Grids do not apply because there is no work he/she can do.   

What Qualifies as Past Relevant Work?

In order to be found disabled, you must show that you cannot perform your past relevant work (PRW).  If you can perform any of your past relevant work, then you will be found not disabled.  Here are the requirements for work to be considered "PRW":

1. The work was performed during the last 15 year period.
2. It was performed at substantial gainful activity level; in 2013 SGA level is gross earnings of at least $1,040 per month.  SGA was less in 2012, etc.
3. The work was performed long enough for the claimant to learn how to do it. If you only worked at a job for 3 or 4 months, it is likely that the judge will determine that isn't long enough to learn the job.

If it is determined that you cannot do any past relevant work, the consideration moves to the final step - can you do any other work that exists in significant numbers in the local or national economy?  If the answer is "yes," you will be found not disabled.

It is also important to understand whether your past relevant work was skilled, semi-skilled or unskilled and whether there are any transferable skills.   

HOW TO WIN A HEARING

If you read internet blogs about Social Security disability you will find that everyone has a theory about how to win a disability hearing.  The truth is, there are a lot of variables in hearings.  One variable is the representative.  One representative may find a particular tactic works very well for him, while another representative does not find that tactic helpful.

Another variable is the judge.  Some judges will want the representative to "carry the ball" at the hearing - that is, ask most of the questions, explain the theory of the case, cover the medical history, etc.  Other judges will ask most of the questions, explain the issues in the case and restrict how much the representative gets to say.

In my experience, effectiveness at disability hearings boils down to a few basics.  One, prepare well and get to know the claimant.  Two, know the medical and vocational evidence.  Three, present a forceful and logical theory of why the claimant is disabled, supported by objective medical evidence.

Click here for information on Social Security disability 

 Established in 1979, the National Organization of Social Security Claimant's Representatives (NOSSCR) is a professional association of over 4,000 attorneys and other advocates who help individuals with disabilities obtain Social Security and Supplemental Security Income benefits.   To be eligible for disability benefits, individuals must be unable to engage in "substantial gainful activity" because of a medically determinable physical or mental impairment which can be expected to result in death or has lasted for at least 12 months. NOSSCR members represent these individuals with disabilities in legal proceedings before the Social Security Administration and in federal court.

DISABILITY HEARINGS - WHY AN ADVOCATE IS WORTH HIS WEIGHT IN GOLD

A disability advocate can help you win a Social Security disability claim.  What does he/she know that you may not know?  Plenty.  Here are a few examples, just as they routinely come up during Social Security hearings:

1. What was the exertional level of your past relevant work, according to the DOT (the Dictionary of Occupational Titles).
2.  Does your Residual Functional Capacity prevent you from performing any of your past relevant work?
3. What was the skill level of your past jobs?
4. Did you learn any skills transferable to other types of work?
5. Do you have any non-exertional limitations that limit the work you can perform?
6. If your main medical evidence is from a nurse practitioner or a chiropractor, is it admissible and what weight may it be given under Social Security law?
7. Social Security sent you for a "consultative examination" with one of their doctors who says that you have no severe impairments; must you accept this opinion?
8. Your treating doctors says you have impairments that are more severe than Social Security's doctor has found.  Which doctor's opinion must be given more weight-- your doctor's opinion or the Social Security doctor's opinion?
9.  You have a history of alcohol (or drug) abuse and Social Security law says that abuse may not be used as the basis for disability.  Can you be denied benefits because of drug or alcohol abuse?  What is the legal test?
10. The judge concludes that you can perform most, but not all, of the basic job functions required of sedentary unskilled work.  Is that good enough to find that you are able to work, or must you be able to perform all of the job functions of sedentary work? 
11. Is your "occupational base" significantly eroded due to your inability to get along with coworkers, supervisors and the public?  Does 20 CFR 404.1521(b)(5) support you?
12. The consulting physician states that you would be unable to walk one block at a reasonable pace over rough or uneven surfaces.  Is this sufficient to show that you do not ambulate effectively under Appendix I, Section 1.00?

A qualified disability representative or advocate knows the answers to those questions before walking into the courtroom.  And he/she will know how to argue the appropriate points before the judge who will make a decision on your case.  The representative will also be skilled at cross examination of the vocational expert.  In fact, well before the hearing occurs, your representative will have prepared a detailed legal brief in which the pertinent legal arguments have been stated, laws cited, and conclusions drawn. 

Under no circumstances should a claimant wander into a disability hearing unrepresented.  It is usually the death knell of the claim.  Good representation is not expensive.  It is priceless!  And remember, you don't even pay a fee unless you win back pay!

DISABILITY - WHO CAN FILE FOR BENEFITS?

Under Title II, or SSDI - you may be entitled to disability benefits if you

1. worked long enough to be covered for SSDI,
2. have not yet reached your full retirement age,
3. have been or expect to be unable to work for 12 consecutive months, or have been diagnosed with a condition expected to result in death; 
4. suffer from a medically determinable condition that prevents you from performing past relevant work or any other work.

 Social Security will consider medical evidence to determine whether you meet their medical requirements for disability.  It will also look at vocational evidence.  It will consider your age, past work history, education and residual function capacity (what you can still do in spite of your condition).

A person is generally found disabled if (s)he cannot perform any of his/her past relevant work and can perform no other work as it generally exists in the national or local economy.  This phrase "no other work" is troubling because it is somewhat difficult to prove that an individual cannot perform any full-time work.  (Technically, Social Security must prove that the individual CAN perform some other type of work, but this is still the most difficult requirement in a disability claim).

Let me use an illustration of how "other work" can play into a disability claim. Fred was an unskilled laborer for a construction company.  This is his only past relevant work.  His past work has an exertional classification of "very heavy," which required lifting and carrying 100 pounds occasionally and 50 pounds or more frequently.  Fred can no longer meet this level of exertion, so he can no longer work as an unskilled construction laborer.  However, this does not necessarily mean that Fred is disabled.

This gets Fred past Step 4 in the 5-Step sequential evaluation.  Can he perform any of his past relevant work?  No.  So, on to Step 5:  Is there any other work that he may still be able to perform?  Let's say that Fred's Residual Functional Capacity (RFC) is found to be "light exertion level."  At this level, a worker would only need to life 20 pounds occasionally and up to 10 pounds frequently.  The judge will ask the vocational expert whether any other work exists that Fred could do (at the light exertional level).

Let's say that, yes, Fred can perform one of several jobs available in the national or local economy--all of which are classified as "light" exertional level jobs.  If that is true, then Fred is not disabled under Social Security rules.  Since he can perform "light work," he can also perform "sedentary" work--which is even easier.  This may represent a large number of jobs in the national economy that Fred can perform.  (It doesn't matter whether Fred can actually get one of these jobs, or even if one of the jobs is open; it only matters that the jobs exist and that Fred could do one of these jobs if it were open, if he could find it, and if he could get hired).

I hope you are beginning to see why going into a disability hearing without the help of a qualified representative is foolhardy.  Most people are simply not familiar enough with vocational rules to argue with a vocational expert--who will most likely testify at your hearing.  If you have a disability hearing in your future, take a good representative with you.  Good representation is not expensive - it's priceless!

DISABIILTY - SSDI vs. SSI

SSDI stands for "Social Security Disability Insurance."  Within the profession it is often called "Title II," or just "disability."

SSI stands for "Supplemental Security Income," a different program which is also administered by the US Social Security Administration.  SSI is often called "Title XVI" benefits.  Here is a skeleton outline of the two programs which may help readers better understand the difference.

SSDI.  Workers are insured for disability by the US government if they have worked enough quarters and paid in a sufficient amount of federal withholding tax (part of what is called FICA tax, deducted from your payroll and matched by your employer).  If you haven't worked enough you are not enrolled in SSDI or Title II and cannot receive benefits when you become disabled (unless you can qualify as a widow/widower or dependent under another wage earner's work record). There are no income or means restrictions on SSDI.  Simply put, a person does not have to be poor to qualify for SSDI.  However, a person may not be working at "substantial gainful activity" while drawing SSDI benefits.  In 2013, "substantial gainful activity" is gross monthly income of at least $1,040. (Most non-earned income, such as pensions, retirement or investment income will not count as being substantial gainful activity). The amount of benefit available depends on the claimant's work history - but the monthly benefit is generally more than the SSI maximum.  Most claimants are better off if they can file an SSDI claim under "Title II."

SSI or Title XVI.  This program is best understood when thought of as a type of federal welfare for individuals with very limited income and limited financial resources.  Unlike SSDI, SSI does not require any work history to qualify.  Even children may qualify for SSI.  However, there are strict income and resource limitations to qualify for SSI. Individuals must not have total resources of more than $2,000 and couples may not have more than $3,000.  This is not income limits - but resource limits.  Resources include cash, bank accounts, cash value in life insurance policies, stocks, bonds, real estate (excluding your home and the property it sits on), and other investments.  The value of one automobile will be excluded and there are some other exclusions.  The maximum federal SSI benefit for 2013 is $710 per month for an individual and $1,066 for a couple.  In some cases, it is possible to qualify for both SSDI and some amount of SSI at the same time.  This would occur when the benefit from SSDI is less than the SSI maximum benefit (less than $710 per month).  So, SSI is offset by benefits from SSDI.  

The medical requirements for SSDI and SSI are the same.  For both programs, an individual must have a medically determinable impairment that is severe enough to prevent work for 12 consecutive months.  In the case of a dependent (widow, widower or child) - the dependent may qualify under the parents' disability.  Children who are disabled will be considered subject to the "household income."