Legal Rights of Persons With Disabilities - Ossh.com

CHAPTER 8
BENEFITS
Both federal and state governments fund a number of benefit programs which are designed to assist
persons with disabilities. The following section describes some income benefits and certain tax and
business benefits. The section does not address specific benefit programs for disabled veterans. If you
have served in the military, you should contact the Veterans' Administration or a veterans' organization to
determine if you are eligible for benefits. Health benefits are discussed in the "Health Care" chapter of this
book (Chapter 9).
I. INCOME BENEFITS
A. Social Security Disability Insurance and
Supplemental Security Income (SSI)
Social Security Disability Insurance and Supplemental Security Income (SSI) provide monthly
income benefits for blind or persons with disabilities. Both programs are administered by the Social
Security Administration (SSA). While the eligibility requirements differ for each program, the definitions,
regulations, and application procedures are similar. Some of the more important aspects of these programs
are described below. (42 U.S.C. ' 401 et seq.; 42 U.S.C. ' 1381 et seq.)
1. Eligibility for Social Security Disability Insurance
To be eligible for Social Security disability benefits, an individual must be blind or disabled, have
been employed for a required length of time, and have had Social Security taxes withheld from his or her
paycheck. The amount of monthly benefits is based on previous earnings and varies between individual
recipients. Benefits may be granted to the individual's family as well. A five-month waiting period is
required between the onset of disability and the time that disability benefits can be received. (20 C.F.R. '
404.315.)
Some older disabled widows or widowers may also be eligible for social security disability benefits
without having been employed. (20 C.F.R. ' 404.336.) A child who becomes disabled before the age of 22
may receive social security disability benefits if his or her parent is entitled to social security old-age or
disability benefits, or if the child's parent is deceased and was fully insured under the social security system.
The child must be dependent on the insured for support. (20 C.F.R.
' 404.350.)
2. Eligibility for SSI
A person with a disability who has a low income or no source of income and whose other financial
resources, such as savings, are limited may qualify for SSI. (20 C.F.R. '' 416.202, and 416.1100.) A child
with a disability under age 18 may receive SSI benefits if his or her parent(s)' income is within the SSI
limitations. A child is entitled to SSI benefits if he or she has an impairment which results in marked and
severe functional limitations, and can be expected to result in death or lasts or is expected to last more than
12 months. (42 U.S.C. ' 1382c(a)(3)(C)(i); 20 C.F.R. ' 416.924(a).)
It is not necessary to have worked or paid social security taxes to qualify for SSI. However,
individuals must apply for any other benefits such as pensions, worker's compensation, social security
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