Workers' Comp & SSDI Support

My daughter is 22. When she was in high school (18) I filed for SSI for her and she was approved for it when she was about 20.  She had a brain injury when she was 5 and had had issues with personality, headaches, learning disorders etc.   We had to go to a hearing etc.  she couldn't file for SSD due to her having basically no work history.  After high school she worked and has been working she has had problems with jobs but wants to be as independant as possible.  she still lives at home but has a car etc. She hasn't received any money from SSI because she was given a small piece of land (she makes small payments on it) from someone and becasue he owns property not her primary residence she can't get benefits.  I have been helping her pay her bills etc.

About 6 months ago when we were in the SS office they told us to file for SSD for her because now that she's been working about 5 years she now has a work history.   Sho filed and as of yet I haven't heard a thing.  She only works about 10 hrs a week now and makes a couple hundred a month.  I'm wondering if she will qualify for SSD since she already qualified for SSI.  Wouldn't the criteria for qualifing be the same?  

I know with SSD they look at how much you are making working.. and as I said she is well below the 900.00 a month.   I just want to know if they will make us go through the hearing process again, medical records etc.

thanks so much for any information.

No,  they shouldn't. Well, they didn't do in my case. I applied for both in 2001 and they used the same records for both. I actually haven't been approved for either one yet, eight plus years and counting. I'm now in federal court for the fourth time.

  But yes, it is the same criteria for disability - does she have a medically determinable condition that has lasted or will last for 12 months or result in death. The only difference between the two programs, as you know, is one, SSI, is income-based -  on how much income you make.

Both SSI and SSDI go through the same process from application to approval/denial to appeals.   It's a good idea to hire a Social Security Attorney.  They don't get paid unless you win your case.  The attorney's fee is 25% UP TO $5,300

SSI

• Benefits are based on income as Lou stated
• You CAN'T have more than $2,000.00in assets
• Benefits are also based on any income of your spouse
• Backpay is paid in a lump sum
• Attorney's fees are taken out of your backpay and the attorney gets paid first then you'll receive your check

SSDI

• Based on work history
• Does not matter what spouse's income is
• Can have money in the bank
• Can own property (we used my backpay to buy a house)
• Can own a car
• If backpay is over $6,000 it may be divided into 2-3 payments
• You receive the entire backpay and the attorney bills you. 

The maximum benefit is set by the state but most states it's around $630.   If you receive SSDI and get less than that amount you may be able to receive SSI also but will only get enough to bring your income up to $630. That is if you don't have assets greater than $2,000.