Hobart Permanent Disability Lawyer

The biggest concern SSD and SSI applicants have is whether they qualify as disabled, and whether the Social Security Administration will take their application seriously.

In the eyes of the SSA, you are disabled if you meet three conditions:

• You are unable to do work you once could do.
• You are unable to adjust to doing other kinds of work.
• Your disability is lasting. (You must have had this condition for 12 months or expect it to last for 12 months. Or, you are expected to die from it.)

Joseph Nugent, Attorney at Law, Northwest Indiana Permanent Disability Attorney

There are a great many conditions that create disability. The SSA distinguishes between those that are physical and those that are mental. Here are some of the more common ones afflicting adults. The list of qualifying disabilities is much longer, and benefits can be awarded to conditions not in the “blue book” of listed conditions.

Physical Conditions Neck, shoulder and back injuries Lost vision and hearing Cancer AIDS and HIV Asthma Spina bifida Gastrointestinal problems Heart attacks and strokes COPD Multiple sclerosis Hip and knee replacements Foot injuries Epilepsy and seizures Rheumatoid arthritis

Mental Conditions Depression Bipolar syndrome High anxiety Organic brain dysfunction Schizophrenia Autistic spectrum disorders Phobias and panic attacks Psychotic disorders Personality disorders Substance addiction disorders Affective disorders Mental retardation Memory problems ADD and ADHD

While the SSA acknowledges these and other conditions, you must do more to qualify for benefits than be sick or injured. You must be able to present a case for benefits, including clear and persuasive medical documents, that make it hard for the SSA to say no. That’s where a skilled lawyer, experienced in the complexities of the SSD and SSI processes, is invaluable.

Note that the standards for disability are lower for people 50 or older. This is because SSA realizes that it is harder for older people to make career changes.

Essential Eligibility Differences: SSDI Versus SSI

Understanding the difference between SSDI and SSI is crucial because each program has completely different eligibility rules. Although both are administered by the Social Security Administration and require proof of disability, the pathways to qualify are not the same.

Social Security Disability Insurance Eligibility

SSDI is an insurance program tied to your work history and the payroll taxes you paid over the years. To qualify, applicants must have earned enough “work credits” through covered employment.

• Most adults need 40 credits, with 20 earned in the 10 years preceding their disability onset. Younger workers, however, may qualify with fewer credits.
• A work credit is earned through wages or self-employment income; in 2025, one credit is earned for every $1,730 in covered earnings, up to four credits per year.

SSDI eligibility is also tied to your date last insured – or the last date your work credits keep you covered under the program. To be approved, you must prove that your disability began before your work credits “expire” and your DLI ends. Even a clearly disabling condition may be denied if SSA determines its onset was after insurance coverage lapsed.

SSDI beneficiaries qualify for Medicare after a 24-month waiting period from the date they first become entitled to benefits. Certain conditions – such as ALS – qualify recipients for a waiver of this waiting period.

Supplemental Security Income Eligibility

SSI is a needs-based disability program designed for individuals with limited income and resources, including those who have never worked or who lack sufficient work credits for SSDI.

To qualify, recipients must meet both disability and financial requirements:

• Resource limits are $2,000 for individuals and $3,000 for a disabled couple.
• Countable resources include cash, bank accounts, stocks and property other than the applicant’s primary residence.
• Certain assets are not counted, such as one vehicle used for transportation, burial plots and ordinary personal belongings.

SSA also reviews an applicant’s “countable” income, which can include wages, gifts, certain other benefits and in-kind support. Since children under 18 years of age cannot qualify for SSDI based on their own work history, SSI is the only program available for disabled children. However, SSA attributes a portion of the parents’ income and resources to the child through a process called “deeming,” so not all children will meet the financial eligibility requirements.

In Indiana, individuals approved for SSI are typically automatically eligible for Medicaid. This coverage begins as soon as SSI benefits are awarded and provides essential health care access.

This is just scratching the surface of the complexities of Social Security Disability and Supplemental Security Income qualifications. For more information, and for guidance in your particular situation, call , in Hobart, at 219-945-9766, and schedule a free, informative consultation.

Call or email Joseph Nugent, Attorney at Law now for more information.