Applying for disability can be an overwhelming and confusing process. Many often come out with more questions than answers in the beginning.
For starters, you might be wondering what type of disability is the most suitable for you.
David S. Bary, an attorney with Joyce and Bary Law, said Social Security offers disability through two main programs: Disability Insurance Benefits (DIB) Title II and Supplemental Security Income (SSI) Title XVI.
“DIB is a benefit paid to individuals who have achieved insured status with the Social Security Administration through their payment of federal taxes, generally for five out of the last 10 years, but there are exceptions for younger individuals,” Bary said.
He said under the Code of Federal Regulations, to be insured for disability benefits, an individual typically needs 40 quarters of coverage -- or QCs -- and 20 must be earned in the last 10 years, ending with the year disability commences. “Quarter of coverage” is a legal term, but you may also see the term Social Security credit -- or just credit -- used elsewhere.
A QC is the basic unit for determining whether a worker is insured under the Social Security program. No matter how high your earnings may be, you can only earn a maximum of four QCs in one year. The earnings required for a quarter of coverage in 2024 is $1,730.
An insured claimant must prove disability before their Date Last Insured (DLI) expires. The DLI is the last day of the quarter an individual meets insured status for disability benefits. It is also the expiration date for DIB coverage. However, you may still qualify for benefits after the DLI has passed if your disability occurred while you were insured.
Bary said when it comes to DIB, a disabled worker is asking the SSA to pay their retirement pension early as a disability pension. These disability benefits are roughly equal to full retirement benefits. DIB benefits are obtained by filing an application for benefits with the SSA and can be applied for online.
SSI, on the other hand, is a benefit paid to disabled or retired people who have not obtained insured status. This can be because they never worked, never worked and had taxes withheld, or worked, but not enough to obtain insured status.
Bary said SSI is means tested, so it is based on medical eligibility and income or resource limits.
“SSI benefits, generally, can be applied for directly with Social Security over the phone or in person,” Bary said. “SSA is working on a protective filing date application that begins the process online.”
Bary said some people who are insured but have low earnings recorded are eligible for both DIB and SSI.
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So, why would someone choose to apply for one over the other, or both, even?
“A person who hasn’t worked enough to be eligible ‘insured’ for DIB (Title II) benefits will need to determine if they qualify for SSI,” Bary said. “The first step is whether the claimant is under the income and resource limits established by SSA. Unfortunately, to get SSI, a claimant’s countable resources must not be worth more than $2,000 for an individual or $3,000 for a couple.”
Bary said the SSI asset limit was established in 1974 and last updated for inflation in 1989.
“These limits are punitive and do not meet the basic needs of most SSI recipients,” he said. “If indexed to inflation, these resource limits would be five to six times higher today.”
2024 SSI eligibility requirements
| Total wages or net self-employment income | Income from pensions or gifts | Owned assets and resources | |
|---|---|---|---|
| Individual | Less than $1,971 per month | Less than $ $963 per month | Less than $2,000 total |
| Couple | Less than $2,915 per month | Less than $1,435 per month | Less than $3,000 total |
If you are unsure which program you qualify for, Bary said an experienced disability attorney can help you make that determination and handle any other tedious aspect of the process.
“The disability process is extremely rule-driven and requires an excellent working knowledge of the system,” he said. “Our firm files applications, necessary documents, function reports, work history forms and questionnaires. We also deal directly with SSA and the Disability Determination Services, or DDS -- the state agency responsible for making medical determinations.”
Bary said Joyce and Bary Law ensures each client’s application is filed correctly, appeals are filed promptly, and all relevant evidence is submitted. The JBL team compiles and presents medical evidence, obtains medical source statements from treating medical providers, and carefully reviews any medical or vocational issues as they arise.
[LEARN MORE: What does a disability attorney do? | When should I talk to a Social Security disability lawyer?]
Bary said having representation when you reach the hearing level is essential.
“Some cases require the submission of pre-hearing briefs and post-hearing objections,” he said. “My team and I ensure the file is complete, and I prepare my client to testify. During the hearing, it may become necessary to cross-examine a medical or vocational witness who has been called to testify, which is why I utilize the same software programs and resources these witnesses rely on during the hearing. Our goal is to provide our client with excellent representation.”
To learn more about the two disability programs offered by the SSA, click or tap here.
You can also call 540-777-1754 to speak to a disability attorney.