The Social Security Disability
Experts Since 1984

Social Security disability benefits are financed by employment taxes and are generally available to those who have paid into the Social Security Administration (SSA) system. These benefits are paid to eligible workers and their family members, based on the worker’s earnings. SSI, on the other hand, is funded by general taxes and is designed for people with limited income and resources who may not have paid enough into the system. This program is available in all 50 states, the District of Columbia, and the Northern Mariana Islands. SSI eligibility and oversight are coordinated through the SSA and the Department of Homeland Security (DHS) to ensure that recipients are lawfully admitted for permanent residence in the United States.

The SSA will consider a number of sources of income to determine whether you are eligible for SSI, including earned income, unearned income, in-kind income and deemed income. There are a number of factors that the SSA considers in determining whether these sources of income will affect your eligibility for SSI.

Resources are anything that you own that can pay for food and shelter, including savings and checking accounts, personal property and non-owner occupied real estate. A home that is a primary residence, and certain other assets, are not included in the determination of resources. Generally, the limit is $2,000 for an individual and $3,000 for a married couple.

If you get married while you are receiving SSI, your spouse's income and resources may reduce your SSI benefit. Additionally, if you and your spouse both get SSI, your benefit amount will change from an individual rate to a couple’s rate.

If you work while receiving SSI, you must report your wages to Social Security at the beginning of each month, and these earnings may or may not affect your SSI payment.

Most states, including California, provide additional assistance programs that supplement SSI payments. The amount of this supplement varies by state—ranging from $10 to $400—and may depend on marital status and living arrangements. These supplementary benefits are designed to enhance Social Security benefits for recipients with limited income and resources across all 50 states, the District of Columbia, and U.S. territories such as the Northern Mariana Islands.

PASS is a Social Security Administration assistance program designed to help individuals with disabilities return to work. If you receive SSI, the plan allows you to set aside income for things you own to pay for items and services that are needed to achieve a specific work goal. PASS can include materials to start a business, equipment and tools, educational expenses, transportation, uniforms, and other items or services you need to reach an employment goal. This program helps people who are lawfully admitted for permanent residence or otherwise eligible for Social Security pursue independence while maintaining their SSI benefits.

If you were denied SSI benefits for medical or non-medical reasons, you can file an appeal online through the SSA and provide documents electronically to support your claim.

Engaging the services of an experienced disability benefits attorney increases the likelihood that your SSI claim will be approved. An attorney can help determine that you meet the income and asset requirements, assist with the application process, and handle an appeal if a claim is denied.