We are OPEN FOR BUSINESS! Call now to schedule your consultation or file your claim - we can help you get in line right now for a hearing.

Call Now For A Free Consultation!

Existing Clients |

New Clients

We Are Committed To Helping You!

A: You bear the burden of proving your disability. You must have evidence proving you are disabled. Knowing what evidence you must submit and how Social Security evaluates your evidence is critically important - Submitting Winning Evidence & What Social Security Needs.
A: Your child must satisfy the three-step sequential evaluation process as follows:
  1. Your child is not performing "substantial gainful activity" (SGA) and meets the durational requirement (DR),
  2. Your child's impairment is "severe," and
  3. Your child "meets," "medically equals," or "functionally equals" a "listing."
A full discussion is available here - Child Social Security Disability Criteria: 3-Step Eval. Process
A: You must satisfy the five-step sequential evaluation process in one of two ways: you satisfy steps one, two and three; OR you satisfy steps one, two, four, and five. The five-step process is as follows:
  1. You are not performing "substantial gainful activity" (SGA) and you meet the DR,
  2. Your impairment is "severe,"
  3. You "meet" or "equal" a listing,
  4. You cannot perform your "past relevant work," and
  5. You cannot perform "other work."
A full discussion is available here - Adult Social Security Disability Criteria: 5-Step Evaluation Process If you are statutorily blind, different disability criteria rules apply - Statutory Blindness Disability Criteria If you are a widow or widower, different disability criteria rules apply - Widow/Widower: Criteria & Benefits
A: SSI is a needs-based disability program (welfare) available to you, a disabled adult, and your disabled children. Adults - You, an adult, are eligible for SSI if you satisfy the following criteria:
  1. You satisfy the Non-Medical Criteria: Social Security Disability & SSI Benefits:
    • You have limited income and deemed income;
    • You have limited resources and deemed resources;
    • You are a United States (U.S.) citizen or national (resident of American Samoa or the Northern Mariana Islands), or a certain alien (a foreigner from another country who is not a U.S. citizen or a U.S. national);
    • You are a resident of the U.S. including the District of Columbia, American Samoa, and the Northern Mariana Islands;
      • You are a resident if you live there with the intent to continue living there;
      • You are a resident if you are a child living with a parent in the military service assigned to permanent duty outside of the U.S.; or
      • You are a resident if you are a student temporarily abroad as part of an educational program;
    • You are not absent from the country for a full calendar month or 30 consecutive days or more;
    • You are not confined to an institution (such as a hospital, jail, or prison) at the government's expense;
    • You do not have an unsatisfied felony or warrant for an escape from custody, flight from prosecution/confinement, or flight/escape;
  2. You satisfy the Adult Social Security Disability Criteria: 5-Step Evaluation Process;
  3. You apply for any other cash benefits or payments for which you may be eligible; and
  4. You apply.
Children - Your child is eligible for SSI if they satisfy all the adult eligibility criteria listed above, except that your child's disability is evaluated under different criteria - Child Social Security Disability Criteria: 3-Step Eval. Process, and your child also satisfies the following:
  1. Your child is not married or head of household, and
  2. Your child is under age 18 or under age 22 and a high-school student.
A: Adults - SSDI is a disability program available to you, an adult, if you satisfy the following criteria:
  1. You satisfy the non-disability criteria by obtaining disability insured status (you have worked and earned a qualifying number of Social Security "credits") - Non-Medical Criteria: Social Security Disability & SSI Benefits;
  2. You are not yet full retirement age which is 65-67 (full retirement age depending on year born - Retirement Age);
  3. You satisfy the adult disability criteria (you are disabled) - Adult Social Security Disability Criteria: 5-Step Evaluation Process);
  4. You have been disabled for 5 full consecutive months; and
  5. You apply while disabled or no later than 12 months after the month your disability ended - Applications).
Children - Your disabled child cannot get SSDI disability benefits, but if you are disabled, and you receive SSDI benefits, you can get SSDI dependent benefits for your child.
A: Social Security disability is a common term that includes two types of benefit programs payable if an adult or a child is disabled - Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Adults can simultaneously qualify for both SSDI and SSI benefits. Additional SSDI benefits may be paid to an adult if they have family members who are financially dependent on them. Disabled children cannot receive SSDI benefits based on their own disability. Disabled children can receive SSI disability benefits regardless of whether the parent is disabled.
Logo of California Disability Law Office

Call Now For A Free Consultation!
We Are Committed To Helping You!
Existing Clients: (503) 639-6666 | New Clients: (323) 247-9887

Home » Social Security Disability FAQs Page 2