When can I receive SSI disability insurance benefits?
If you have a disability that prevents you or will prevent you from working for at least one year or is expected to result in death and you are under age 65, you may be eligible for SSI disability benefits. To be considered disabled by Social Security, your impairments must interfere with your ability to work on a regular and continuing basis. If you cannot do the work you have done in the past, Social Security will consider whether you could perform other work, taking into account your age, education, past work experience, and any work skills.
What do I do if my application for SSI disability benefits is denied?
Social Security provides an appeals process to appeal unfavorable determinations and decisions.
How long do SSI disability benefits continue?
Your benefits will continue as long as you are disabled. However, your case may be reviewed to determine if you are still disabled. If medical improvement of your condition is possible, your case may be reviewed periodically.
However, if you have enough credits of coverage from your work history to receive Social Security retirement benefits, you must apply for early retirement benefits at age 62. If your monthly early retirement benefit amount is less than the SSI monthly amount, then you will continue to receive enough SSI benefits to exceed that monthly SSI amount by $20.
Finally, when you turn 65, you will receive SSI benefits based on your age and will no longer be subject to a disability determination.
Does the SSI program allow for a Special Needs Trust (SNT)?
Yes, the specifics can be found at 42 U.S.C. sec. 1382b(e)(5).
Is there a transfer of assets provision in the SSI program?
In order to qualify and remain eligible for SSI benefits, you cannot transfer assets for the purpose of SSI eligibility. The Social Security Administration may look back over the past 36 months prior to an application for such gifts. If a gift is found within this look back period, a penalty period of ineligibility is calculated based on the amount of the gift. Thus, the look-back period is 36 months, as is the penalty cap.
