I Have a Disability and Need to Know if I Should Apply for SSI or SSDI in Colorado?
Navigating the process of applying for disability benefits can feel overwhelming and stressful, especially when you’re dealing with a serious medical condition. Even knowing where to begin may be difficult.
This is why many people in and around Denver ask their disability lawyer, “How do I know if I should apply for SSI or SSDI?” It’s a widespread question, and understanding the differences is the first step toward getting the help you need.
Our experienced and passionate disability lawyers know what you’re going through. When your health prevents you from working, the financial pressure can build up quickly. Our empathetic disability law team will listen to your story, explain your options clearly, and stand with you through every part of the process.
The Key Differences Often Hinge on Your Work History and Financial Need.
The most crucial distinction between Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) is based on two factors: your work history and your financial need.
Some examples of these differences are:
- SSDI is based on your work history. It’s an insurance program funded by the FICA taxes you’ve paid on your paychecks. But to be eligible, you must have worked a certain number of years and earned enough “work credits” to be considered “insured” by the Social Security Administration (SSA).
- SSI is a needs-based program. It’s strategically designed to help disabled adults and children with limited income and resources. Also, unlike SSDI, you don’t need a work history to qualify for SSI.
Think of SSDI as an earned benefit, like a retirement pension. You paid into the system, and now begin drawing on those years of contributions. SSI, on the other hand, is a safety net for those who cannot work or have a history of low-paying jobs that did not allow them to earn enough work credits.
SSDI: This Is an Earned Benefit for Those Who Have Worked.
To qualify for SSDI, you must meet the SSA’s stringent and detailed definition of disability and have the required amount of work credits. This means your medical condition must prevent you from doing a significant amount of work, should be expected to last for at least 12 months, or possibly result in death.
The number of work credits required depends on your age when you become disabled. For example, if you’re 31 or older, you must have worked at least five of the last ten years.
This is a federally funded program, so the requirements are the same whether you live in downtown Denver, the mountains, or the Western Slope. However, the Social Security office that handles your claim will usually be local. Navigating this legal process can be arduous, and requirements can be demanding, so the professional advice and guidance of a diligent disability lawyer is mandatory.
SSI: This Benefit Acts More Like a Financial Safety Net.
SSI is commonly for people with limited income and resources who are disabled, blind, etc., or over 65. The financial limits are relatively low. Since it’s a needs-based program, SSI has a strict limit on income and assets. These assets can include things like cash, bank accounts, and property. For 2024, the resource limit is $2,000 for an individual and $3,000 for a couple. This doesn’t usually include your home or one vehicle.
Because of these low limits, many people who have approved SSI also qualify for other state (or federal) benefits, like Health First Colorado (the state’s Medicaid program). These additional programs can be a significant help with medical expenses.
Since SSI is based on financial need, even if you are approved for a small amount of SSDI, you may still receive concurrent SSI benefits to bring your total monthly income up to a specific, appropriate, and needed level.
What Is the Definition of Disability for Both of These Programs?
Although SSDI and SSI have singularly different financial requirements, they share the exact same medical definition of disability.
For example, the SSA uses a five-step evaluation process to decide if you are disabled. They usually will look at your:
- Current work activity. Are you currently working? If your income is above a certain level, you are not considered disabled.
- What Is the Severity of your Condition? Is your medical condition severe and debilitating enough to significantly limit your ability to do basic work activities?
- What is Your List of Impairments? Does your medical condition meet or equal one of the conditions on the SSA’s specific list of impairments?
- Do You Have the Ability to do past work? Does your condition prevent you from performing any of your past jobs?
- Are You Able to do other work? Considering your age, education, and work experience, does your condition prevent you from doing any other type of work in the national economy?
Your medical records are the most essential part of this process. The SSA uses them to evaluate your case at each step. This is where the help of a qualified disability lawyer comes in. They will help you gather the proper medical evidence and build a strong case that clearly shows the severity of your condition.
What Are Some Colorado-specific Considerations I May Face?
While the core regulations and rules for SSI and SSDI are federal, certain aspects of the process may differ depending on where you live.
Colorado has a unique legal landscape in many cases. Colorado Revised Statute § 24-34-402, for example, is part of the state’s anti-discrimination act that protects people with disabilities in employment. While this is separate from Social Security disability benefits, it speaks to Colorado’s focus on protecting individuals with disabilities.
Your claim will go through the Colorado Disability Determination Services (DDS) office, not a Social Security office. The DDS is a state agency that works for the SSA. This is where a disability examiner and a medical consultant review your medical case and its history, etc.
Your local disability lawyer will be fully aware of the specific procedures and common issues that arise in claims handled by the Colorado DDS, which is a real advantage. Your lawyer will also be thoroughly familiar with the common medical conditions that affect people in Colorado, such as injuries resulting from ski accidents, as well as chronic conditions like fibromyalgia and mental health disorders.
We’re Here to Help and Provide You with the Professional Guidance You Need.
The Social Security application process can be confusing, stressful, frustrating, and intimidating. Our passionate disability lawyers understand that, and we want you to know you don’t have to do it alone. Many people are denied their first application, but don’t lose hope. A denial is not the end of the road; it’s just a standard part of the process.
Our disability law team provides personalized, compassionate, and attentive legal support. We will get to know you, understand your situation, and prepare your case with the care and attention it deserves.
We believe in being honest and upfront, explaining all potential outcomes, good or bad, so you and your family always know where you stand. Our commitment is to put our whole team on your side, fighting aggressively for the benefits you need and rightfully deserve.
If you’re unsure whether SSI or SSDI is the right path for you, or if your application has been denied, please call us; we stand ready to listen to your case and help in the best possible way.
Contact Roeschke Law, LLC today to schedule a consultation at our Denver office. Call us at (800)-975-1866. We are here to help you get the support you need.
