SSDI and SSI: the difference
- SSDI is based on your work history. You must have worked long enough, and recently enough, in jobs covered by Social Security. Your benefit amount is based on your earnings record.
- SSI is based on financial need. It does not depend on work history, but it has strict limits on income and assets.
Some people qualify for both. The medical rules for deciding disability are largely the same for adults in both programs.
How Social Security decides disability
Social Security uses a step-by-step process. In general terms, it asks:
- Are you working above a set earnings level?
- Do you have a severe medical condition that has lasted, or is expected to last, long enough under Social Security’s duration rule, or is expected to result in death?
- Does your condition meet or equal one of the conditions in Social Security’s listing of impairments?
- Can you still do the work you did in the past?
- If not, can you do other work, considering your age, education, work experience, and limits?
Many claims turn on the last steps. The question is often not your diagnosis, but what you can and cannot do day to day, such as how long you can sit, stand, lift, concentrate, and stay on task.
Applying and appealing
A claim usually moves through these stages:
- Application. You apply with Social Security online, by phone, or in person. A state agency reviews the medical evidence.
- Reconsideration. If you are denied, you can ask for a new review by a different examiner.
- Hearing. If you are denied again, you can ask for a hearing before an administrative law judge. It is often the first time you can explain your limits in your own words to the person deciding the claim, and it may be held in person, by phone, or by video.
- Appeals Council. If the judge denies the claim, you can ask the Appeals Council to review the decision.
- Federal court. After the Appeals Council, you may be able to file a case in federal district court.
Each appeal has a short deadline that runs from the date you receive the decision. If you miss it, you may have to start over with a new application. Read every letter from Social Security as soon as it arrives.
The evidence that matters
- Regular medical treatment. Records from your doctors, therapists, clinics, and hospitals are the core of a claim. Gaps in treatment can hurt.
- Opinions from your providers. A clear statement from a treating provider about your specific limits can help.
- Test results and imaging that support your conditions.
- Your work history, including what your past jobs required physically and mentally.
- Statements from people who know you, such as family members or former supervisors, about how your condition affects daily life.
Social Security may also send you to a medical exam with a provider it chooses. Go to that appointment, be honest about your symptoms, and tell us afterward what happened, including how long the exam lasted and what was tested.
Tips to protect your claim
- List every physical and mental health condition on your application, not just the main one.
- Follow prescribed treatment, and tell your provider if you cannot afford it or have side effects.
- Keep a simple journal of symptoms, bad days, and limits.
- Answer every form fully and honestly. Do not overstate or understate.
- Keep copies of everything you send and receive, and note the dates.
- Tell Social Security about any work you do, even part-time.
Disability and other benefits
If your condition came from a work injury, you may also have a workers’ compensation claim. If it came from an accident someone else caused, you may have an injury claim. These benefits can affect each other, so tell us about every claim and benefit, past or planned.
If you are approved, Social Security may review your case from time to time to see whether your condition has improved. Keep up your treatment and keep your records, even after benefits begin.
Fees and next steps
We explain our fee in writing before you hire us. In Social Security disability cases, the fee a representative may charge must be approved by Social Security.
Call (336) 281-2008 or request a consultation online. Bring every letter from Social Security, a list of your providers and medications, and your work history. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
What is the difference between SSDI and SSI?
SSDI is based on your work history and the Social Security taxes you paid. SSI is a needs-based program with strict income and asset limits. Some people qualify for both.
My disability claim was denied. What should I do?
File an appeal right away. Each appeal has a short deadline that runs from the date you receive the decision. Many claims that are denied at first are reviewed again on appeal, and new medical evidence can be added.
Can I work while applying for disability?
Some limited work may be allowed, but earning above a set level can end a claim. Any work you do can also be used to judge what you are able to do. Talk with a lawyer and report all work to Social Security.
How much does a disability lawyer cost?
We explain our fee in writing before you hire us. The fee a representative may charge in a Social Security disability case must be approved by Social Security.
What happens at a disability hearing?
An administrative law judge asks about your conditions, treatment, work history, and daily limits. A vocational witness may also testify about jobs. Preparing your testimony and making sure the medical record is complete are key parts of the work.