2 SOCIAL SECURITY DISABILITY PROGRAMS

Two disability programs are operated within the Social Security Administration.  While these two programs are distinctly different in many ways, they are easy to confuse.

1.      SOCIAL SECURITY DISABILITY INSURANCE (SSDI).  Also called

a.       SSDI

b.      Title 2 Benefits

SSDI is a government sponsored insurance program.  It is paid for by FICA tax deducted from a worker’s wages and matched by the employer.  Currently, the FICA tax equals 7.65  percent of  the first $176,100 of wages.  The employer matches this amount, making the total FICA tax $15.30 percent of wages paid. The FICA tax funds Social Security and Medicare benefits.

You must work a certain amount and within a certain time period to be insured for SSDI benefits.  An individual age 31 or over must have at least 20 work credits with 10 of them being earned in the last 5 years prior to the onset of disability.  Another way to say it:  You must have worked and paid FICA tax for at least 5 years out of the past 10 years. Maximum SSDI benefit = $4,0318 per month. Your benefit will be based on the wages you have actually earned and paid tax on.

Requirements for Social Security disability benefits (when you are insured):

·        A severe medically determinable impairment that has lasted at least 12 straight months, is expected to last at least 12 straight months, OR to end in death.

·        Must not currently be working at “substantial gainful activity” (SGA).  In 2025, SGA means earning at least $1,620 per month in wages or self-employment.  The amount changes annually.

·        You need objective medical evidence to prove the severity of your impairment and how long it has/will last.

The simplest way to state the requirements for SSDI is to say:  You have a severe impairment that has or will keep you from working  at SGA level for at least 12 straight months. And you must have medical evidence to prove it.

2.      SUPPLEMENTAL SECURITY INCOME (SSI)

*Also called Title 16 benefits

SSI is a relief program, like welfare, sponsored by the federal government and sometimes providing some state funding, too.  It requires no work history/credits.  It does require that the recipient be aged (65+) or be disabled AND have very limited household income and financial means.  So there are both medical and non-medical requirements. Many individuals who are legitimately disabled cannot get SSI benefits because they have too many financial assets or household income.  The maximum SSI benefit in Alabama in 2025 is $941 per month. SSI is NOT a Social Security benefit; however, the government has chosen the Social Security Administration to administer the program.  So SSI is not “Social Security Income,” it is Supplemental Security Income, a type of relief program for the poor, aged or disabled.

I should point out that most SSDI claims will be denied at first and they will require appeals to be approved/paid. Many of these claims must go to a hearing before an Administrative Law Judge (ALJ) before they can be paid. The key is: Don't give up when you are denied. Appeal and take the case to a higher authority. Most successful claimants will seek assistance by a qualified disability lawyer or experienced advocate, especially for the hearing appeal.

My name is Charles W. Forsythe and I have assisted hundreds of claimants with Social Security disability claims at all levels--from application through hearings and post hearing appeals--during the past 22 years. If I take your case I will represent you with dignity and respect. I will never ask you for money and will never charge you a fee until after you have been approved with past due benefits approved. My fee will then be reviewed and approved by the Social Security Administration, which will pay my fee using a small portion of your past due benefits ("backpay"). If you lose you owe nothing.

I can usually evaluate your claim with just a 5 minute phone call. My office is located across from the Bridge Street on Old Madison Pike in Huntsville. I help clients in many states, mostly in Alabama, Tennessee, Mississippi, Georgia and Florida. Yes, you will meet me before you hire me. And I will be available to advise you and represent you during the entire process.

Call (256) 799-0297 for a personal case evaluation and consultation. Free.