Social Security Disability Attorneys in California
Nantha & Associates helps people throughout California understand Social Security Disability benefits. Our attorneys can review your SSI or SSDI claim, explain the eligibility rules, and help you pursue the benefits available to you.
Understanding SSI and SSDI
Social Security administers two different benefit programs. Social Security Disability Insurance (SSDI) generally depends on qualifying work credits and a disability that meets Social Security’s rules. Supplemental Security Income (SSI) is based on limited income and resources, along with age, blindness, or disability requirements. Some people qualify for both programs.
For adult disability claims, Social Security generally requires a medical condition that prevents substantial gainful work and has lasted, or is expected to last, at least 12 months or result in death. The SSI income and resource rules below do not apply to SSDI in the same way. See Social Security’s overview of both programs.
What is SSI?
SSI makes monthly payments to people who have low income and few resources and are:
- Age 65 or older;
- Blind; or
- Disabled.
If you are applying for SSI, you also should ask for What You Need To Know When You Get Supplemental Security Income (SSI).
Disabled or blind children also can receive SSI. You can get more information in Benefits For Children With Disabilities.
The basic SSI amount is the same nationwide. However, many states add money to the basic benefit. You can call us to find out the amounts for your state.
Rules for getting SSI
Your income and resources
Whether you can get SSI depends on your income and resources (the things you own).
Income
Income is money you receive such as wages, Social Security benefits and pensions. Help with shelter costs may also affect SSI. Since September 30, 2024, food received from others is no longer counted in SSI in-kind support and maintenance calculations. The amount of income you can receive each month and still get SSI depends partly on where you live. You can call us, your personal SSI attorneys, to find out the income limits in your state.
Social Security does not count all of your income when determining whether you qualify for SSI. For example, common exclusions include:
- The first $20 a month of most income you receive;
- The first $65 a month you earn from working and half the amount over $65;
- Supplemental Nutrition Assistance Program (SNAP) benefits, formerly known as food stamps;
- Need-based shelter assistance from private nonprofit organizations; and
- Most home energy assistance.
Social Security may count part of a spouse’s income and resources when you live together. For a child under age 18 living with a parent, some parental income and resources may count. Sponsor income and resources may also count for some noncitizens.
If you are a student, some of the wages or scholarships you receive may not count.
If you are disabled but work, Social Security does not count wages you use to pay for items or services that help you to work. For example, if you need a wheelchair, the wages you use to pay for the wheelchair do not count as income when Social Security decides whether you qualify for SSI.
Also, Social Security does not count any wages a blind person uses for work expenses. For example, if a blind person uses wages to pay for transportation to and from work, the wages used to pay the transportation cost are not counted as income.
If you are disabled or blind, some of the income you use (or save) for training or to buy things you need to work may not count.
Resources (things you own)
Resources that Social Security may count in deciding whether you qualify for SSI include real estate, bank accounts, cash, stocks and bonds.
You may be able to get SSI if your countable resources are worth no more than $2,000. A couple may be able to get SSI if they have countable resources worth no more than $3,000. If you own property that you are trying to sell, you may be able to get SSI while trying to sell it under conditional-payment rules, which can require repayment after the sale.
Social Security does not count everything you own in deciding whether you have too many resources to qualify for SSI. For example, Social Security generally does not count:
- The home you live in and the land it is on;
- Life insurance policies with a combined face value of $1,500 or less;
- One vehicle used by you or your household for transportation;
- Burial plots for you and members of your immediate family; and
- Up to $1,500 in burial funds for you and up to $1,500 in burial funds for your spouse.
Other rules you must meet
To get SSI, you must live in the United States or the Northern Mariana Islands and be a U.S. citizen or national.
In some cases, noncitizen residents can qualify for SSI. For more information, ask for Supplemental Security Income (SSI) For Noncitizens.
- If you are eligible for Social Security or other benefits, you should apply for them. You can get SSI and other benefits if you are eligible for both.
- If you live in certain types of institutions, you may get SSI.
- If you live in a city or county rest home, halfway house or other public institution, you usually cannot get SSI. But there are some exceptions.
- If you live in a publicly operated community residence that serves no more than 16 people, you may get SSI.
- If you live in a public institution mainly to attend approved educational or job training to help you get a job, you may get SSI.
- If you live in a public emergency shelter for the homeless, you may get SSI.
- If you live in a public or private institution and Medicaid is paying more than half the cost of your care, you may get a small SSI benefit.
(referenced: Social Security Administration: Understanding SSI)
Frequently Asked Questions
Find answers to common questions about Social Security Disability benefits in California. Contact our team if you don’t see your question here.
