The Elder and Disability Law Firm, APC
Critieria to receive disability benefits
California residents who are applying for Social Security Disability benefits have two main criteria to meet to obtain them. First, they must have the proper insured status. This means that they have worked a sufficient number of hours prior to applying. Second, they must have been unable to obtain gainful employment because of a physical or mental condition over the past 12 months.
Alternatively, they can apply if they believe a condition will keep them out of work for the next 12 months. Individuals can confirm their insured status by contacting the Social Security Administration as part of the claims process. Those who aren't eligible may be entitled to SSI benefits, which are not based on a person's past work history. As part of the application process, people will receive their date last insured or DLI.
If a person's DLI is before the current date, it will be necessary to show that an injury or other condition occurred prior to that date. There are no asset limitations to qualify for SSD benefits. Those who qualify for SSI benefits cannot have more than $2,000 in countable assets, and a person cannot make more than the income limit for a given year. The process for determining if a person is disabled is the same for both SSD and SSI applications.
Those who are unable to work or believe that they won't be able to work could benefit from applying for SSD benefits. Based on a person's work record, it may be possible to receive them without giving up any other benefits or private assets. An attorney could advise a client about how to apply or how to proceed if an application is denied.