Skip to main content

Exit WCAG Theme

Switch to Non-ADA Website

Accessibility Options

Select Text Sizes

Select Text Color

Website Accessibility Information Close Options
Close Menu
Law offices of Stephen Barszcz Disability Lawyer
  • NATIONAL DISABILITY ATTORNEY

Can I Seek SSDI Benefits If I Am Ineligible for SSI?

Legal26

Many people assume that Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) benefits are extremely similar, or have the same or similar eligibility requirements. While the acronyms are extremely similar — SSI and SSDI — and it is true that there are some similarities between these benefits programs, it is often the case that a person may be eligible for one of these benefits programs but not the other. In terms of similarities, both of these programs are administered by the federal Social Security Administration (SSA), and both require an applicant to have a “disability” as it is specifically defined in the Code of Federal Regulations. Otherwise, the benefits programs are quite distinct from one another.

As such, even if you were denied SSI benefits, you could still be eligible for SSDI benefits. Our national disability benefits attorneys can explain in more detail.

Eligibility for SSI Versus SSDI Benefits 

Generally speaking, there are two components to SSI and SSDI eligibility. The first component is the same for both SSI and SSDI (a medical component, proving that you have a disability), while the second is very different for SSI versus SSDI.

To meet the first component or requirement for eligibility, you must have evidence that shows you have a medical condition that is expected to last at least 12 months or to result in death, and that prevents you from engaging in substantial gainful activity.

The second element depends on the type of benefits:

  • For SSI, you must prove you have limited resources;
  • For SSDI, you must prove you have a sufficient work record (regardless of your income level).

Medical Versus Non-Medical Ineligibility for SSI 

You could certainly be eligible for SSDI even if you were denied SSI benefits if received a non-medical denial in your initial determination. In addition to providing medical evidence of a disability, SSI eligibility is based on having little or no resources. It is a benefits program for people with disabilities who have limited resources, meaning limited income and assets (or no income and assets). SSDI eligibility has nothing to do with your income or resources level. Accordingly, if your income or level of resources resulted in your SSI denial or ineligibility, you should certainly seek legal advice about applying for SSDI benefits instead.

If you are ineligible for SSI due to medical reasons, however, then you are likely to be ineligible for SSDI benefits, as well. Both SSDI and SSI require applicants to provide medical evidence to meet the definition of a “disability” used by the SSA.

Contact a National SSDI Lawyer for Assistance Today 

If you were denied SSI benefits or have been told that you are ineligible for SSI benefits due to your income or assets, it is critical to find out more about applying for SSDI benefits. Many SSDI recipients were middle-class or high-income earners prior to their disabilities, meaning that they would be ineligible for SSI benefits but have been approved for SSDI benefits. One of the experienced national SSDI benefits lawyers at the Law Offices of Stephen Barszcz can explain in more detail after learning about your circumstances, and we can assist you with your SSDI applicant today. Contact us for more information and to get started on your SSDI claim.

Sources:

ssa.gov/benefits/disability/qualify.html

ssa.gov/OP_Home/cfr20/404/404-1505.htm#:~:text=(a)%20The%20law%20defines%20disability,not%20less%20than%2012%20months

Facebook Twitter LinkedIn

We want to hear from you. Give us a call or fill out our quick online contact form to schedule your free consultation with our attorney.

By submitting this form I acknowledge that form submissions via this website do not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege.

Skip footer and go back to main navigation