Qualification for SSD, SSI & SSDI Benefits
Helping Clients Understand Disability Benefits and How to Qualify
Applying for Social Security Disability benefits is a complex process, and it’s easy to get overwhelmed if you’re trying to do it alone. Working with an attorney can help you understand how the system works and give you a better chance of getting the benefits you need.
If you have questions about how Social Security benefits work or what disability determination services are, call the team at Roeschke Law, LLC. We have extensive knowledge of the qualifications process and are here to guide you through the system and act as your advocate along the way. Contact us today to get more information on getting started.
How Does Social Security Disability (SSD) Work?
Social Security Disability is a general term that describes the benefits the Social Security Administration (SSA) provides to those with qualifying disabilities. It includes both Supplemental Security Income and Social Security Disability Insurance.
Social Security Disability benefits are monthly cash payments made to those who qualify. Those receiving benefits must meet the SSA’s definition of disability and the specific program’s eligibility requirements, including having enough work credits built up or meeting income requirements.
Benefits are not automatic, and the application process can be lengthy, with around 60 to 70 percent of initial applicants being denied. However, many of these have been successfully appealed to with the help of a Social Security Disability attorney.
What Are the Different Types of Social Security Disability Benefits?
The Social Security Administration has two primary programs that provide disability benefits. Understanding the differences between the two and the eligibility requirements can help you determine what you may qualify for.
Supplemental Security Income (SSI)
The Supplemental Security Income program provides benefits to those who are disabled and meet the financial requirements for both income and resources. This program is also available to those age 65 or older, even if they aren’t blind or don’t have a disability. It is funded by the federal government from taxes, and payments are determined by starting with the Federal Benefit Rate and subtracting any countable income. The Federal Benefit Rate is adjusted annually for cost-of-living increases.
Colorado also offers a state supplement in addition to the federal SSI benefit amount for those who qualify to receive SSI benefits. This is generally sent as a separate cash payment and is not rolled into the federal SSI monthly payment.
Eligibility Requirements
To be eligible for SSI payments, you must be a United States resident, have a limited income, and meet either the age or disability requirements. Those who are blind may also qualify. The residency requirements for SSI eligibility mean that you must live in one of the 50 states, the District of Columbia, or the Northern Mariana Islands. In addition, you cannot be outside of these territories for more than 30 consecutive days without impacting your eligibility. You must also not be confined to an institution the government is paying for, such as a prison.
Because Supplemental Security Income is only available to those with a limited income, there are maximums for how much monthly income you can earn and other resources you can hold. Income generally means the money you earn from work or receive from different sources, such as unemployment benefits or VA payments. Resources include money saved in bank accounts, stocks, real estate, and a vehicle.
As of 2025, the monthly income limit for an individual was $2,019, and the limit on resources was $2,000 for individuals and $3,000 for couples. Not all sources of income and resources are counted by the Social Security Administration when determining whether you qualify for SSI, so it’s essential to go over this with an attorney if you have questions.
Social Security Disability Insurance (SSDI)
Social Security Disability Insurance differs from Supplemental Security Income because it is based on your work history. In addition to having a qualifying disability, you must have worked long enough and paid Social Security taxes on those earnings to qualify. You can sometimes receive benefits if your spouse or parents accumulated enough work credits. The federal disability trust fund funds SSDI benefits. Unlike SSI, there is no state supplement for Social Security Disability Insurance.
Eligibility Requirements
To be eligible for Social Security Disability Insurance, you must have enough work credits. For most people, this means at least 40 credits, half of which were earned in the 10 years prior to when their disability began. If you are under age 62, you may qualify for SSDI with fewer work credits.
The other primary requirement is to have a qualifying disability that keeps you from being able to work. SSDI qualification requirements include both physical medical conditions and mental impairments. In most cases, you will need to show that you cannot work for at least a year. There is also a five-month waiting period for your first payment.
While there aren’t specific income or asset limits for SSDI, the Social Security Administration presumes that someone who can earn an average monthly income of $1,620 ($2,700 if the person is blind) from substantial gainful activity does not meet the strict definition of disability and is not eligible for SSDI payments.
How Does the Social Security Administration Define Disability?
The Social Security Administration has its own definition of disability, and this is what is used to determine your initial eligibility for benefits. The general definition is “not be able to engage in substantial gainful activity (SGA) because of a medically determinable physical or mental disability(ies) that is either expected to result in death or has lasted or is expected to last for a continuous period of at least 12 months.”
The term “substantial gainful activity” is critical here because it’s what the SSA uses to determine if you are able to work. Gainful activity is work that is performed for pay or profit. This includes most standard W-2 jobs as well as most independent contractor positions. However, it may not include passive income streams, such as rental income. Keep in mind that the definition here does not require that the person actually profit from the gainful activity; it is just that profit or pay is the goal. This is an essential distinction for business owners. Work that is only part-time also qualifies.
There are more specific guidelines for those who are self-employed or blind, so it’s important to discuss these situations with an attorney. There is also a separate definition of disability for children who are applying for Supplemental Security Income. In this case, disability is defined as a “medically determinable physical or mental impairment or impairments which result in marked and severe functional limitations.” This also must be expected to last for at least 12 months or result in death.
Can You Qualify for Multiple Programs at the Same Time?
It is possible to receive both Social Security Disability Insurance and Supplemental Security Income if you meet the eligibility requirements. This is referred to as getting concurrent benefits and can be especially helpful for those who qualify for SSDI but are receiving a small amount because of low earnings during their work history. SSI benefits can provide more money for living costs and other expenses.
Keep in mind that you must still qualify for both programs. If you meet the criteria for a disability for SSDI benefits, this should also be acceptable for SSI, but you will need to ensure you also meet the financial requirements for limited income and resources. It’s also important to understand that your benefits can affect each other. For example, your SSI payment may be reduced if you are also receiving SSDI benefits.
How Long Does It Take for a Social Security Disability Application to Be Reviewed?
While there are no specific timelines, the Social Security Administration reports that it generally takes six to eight months for your disability benefits application to be processed. This can vary depending on factors such as the nature of your disability, whether a physician’s exam is required, how long it takes to gather and review documentation, and whether your application is selected for an additional level of review.
Remember that there is also a five-month waiting period for SSDI benefits, and you won’t start getting payments until the sixth month after your disability began, at the earliest. Depending on when your disability started, you may be eligible for retroactive payments as well. There is no such waiting period for SSI benefits, so as soon as your application is processed and approved, payments can begin.
What Are Some Common Reasons for Denial?
The majority of Social Security Disability claims are denied the first time, often for minor errors or issues such as not providing enough information. Understanding the common reasons for denial can help you know what to expect and work proactively to increase your chances of approval.
Insufficient Documentation/Evidence of Medical Condition
Those applying for Social Security Disability benefits are responsible for providing medical records showing the disability diagnosis, functional limitation, and any treatment history. These records need to be complete, accurate, and within the relevant timeframe. If there are missing records or the evidence provided doesn’t demonstrate a disability that is severe enough or that is expected to last for at least 12 months, the Social Security Administration may deny the claim.
Exceeding Financial Limits
For SSI applicants, one of the most common reasons for denial is exceeding the financial limits. Denials for financial reasons for SSDI generally happen due to someone exceeding the substantial gainful activity level. However, this doesn’t mean you shouldn’t have qualified. Sometimes, income is mistakenly counted that shouldn’t be, or other errors happen. An attorney can help you determine if there was a mistake and start the appeals process if this happens to you.
Failing to Follow Your Prescribed Treatment Plan
One of the main aspects of qualifying for disability is showing that your condition is expected to last for at least 12 months. The underlying assumption here is also that it is not likely to get better with the normal course of treatment. If your medical records show that you didn’t seek care or didn’t follow the recommended course of treatment from your health care provider, your claim could be denied. For example, if your doctor prescribed muscle relaxers and physical therapy for chronic back pain, but you didn’t do either, the SSA may say that you’re not doing what you can to get better.
Not Responding to Requests for Additional Information
It’s common for the Social Security Administration to request additional information or documentation as part of the review process. A caseworker may request this information from you or from your health care provider directly. In some cases, you may be required to undergo an additional health exam from an SSA-approved doctor. Failing to respond promptly to any communications or requests for further information could result in your claim being delayed or denied.
If your claim is denied, don’t panic. Remember that the majority of disability claims are initially denied. There is a clear appeals process, and an attorney can help you determine the right path forward, whether that’s submitting additional documentation or requesting a hearing before an administrative law judge.
What Happens If Your Condition Changes?
While disabilities are generally long-term, there are situations where someone’s condition improves as time passes. The Social Security Administration conducts periodic reviews to ensure approved claimants are still eligible for benefits. If the change in your condition is substantial enough that you can return to work or your income rises above the financial limits for SSI, your benefits may stop. An attorney can help you understand how to prepare for this and what other options may be available.
Determining whether you are eligible for Social Security Disability benefits and navigating the qualification process can be challenging. At Roeschke Law, LLC, our attorneys are here to make it easier. We can help you understand your eligibility, gather documentation, and handle all the legal legwork so you can focus on the rest of your life. Contact our law firm today to get the help you need.
