Health & Benefits
Part of the Legal Professionals library, sponsored by Reed Smith

Social Security Programs
Clients receive income from the Social Security Administration (SSA) for a variety of reasons. These include retirement, disability, or due to a family relationship. Often, clients will refer to their benefit checks as "Social Security," regardless of which program they fall under. There are differences between each program in how a claimant
qualifies for benefits, and where to find a particular program's rules.Social Security: Overview
OASDI Benefit Programs
Supplemental Security Income
Legal Resources
Resources on SSA's website
Social Security: Overview
Most workers pay into Social Security while they work. These deductions are taken for the Federal Insurance Contributions Act (FICA). The deductions are the money workers pay into the Social Security system. Every contribution a worker makes to Social Security, their employer makes an equal contribution. The Social Security Administration (SSA) then uses that money to pay people eligible to receive benefits.
An individual must work a certain amount of time for eligibility through the Old-Age, Survivor, or Disability Insurance (OASDI) program. The length of time varies based on how the claimant asserts eligibility. Eligibility for OASDI benefits depends on disability, age at the time of disability, and whether they are seeking retirement benefits.
In general, an individual may be eligible for Social Security benefits through the Old-Age, Survivor, and Disability Insurance program (OASDI) based on being:
- A retired or a disabled worker who paid into Social Security,
- The current or divorced spouse of a worker receiving benefits if you meet certain other requirements,
- A deceased worker's widow or widower who is 60 years old or older or, if disabled, 50 years old or older,
- The surviving divorced spouse of a deceased worker who meets certain other requirements,
- The dependent child of someone who is receiving disability or retirement benefits, or the child of a deceased worker, or
- The surviving dependent parent of someone who was entitled to Social Security benefits.
OASDI Benefit Programs
Eligibility for Social Security benefits is based on a person's work record. When a person works and pays into Social Security, they earn credits toward OASDI benefits.
Retirement Benefits
A person can receive retirement benefits when they earn work credits and reach a certain age.
The number of credits needed to get retirement benefits depends on when the claimant was born. For claimants born in 1929 or later, 40 credits is needed (10 years of work) to qualify.
A person is eligible to receive retirement benefits:
- At “full retirement age,” without reduction:
- If a claimant was born in 1938, "full" retirement began when they reached 65 years and 2 months.
- For claimants born between 1939 and 1943, full retirement age goes up in 2-month increments each year, so that for persons born in 1943, the full retirement age was 66 years.
- For persons born between 1943 through 1954, full retirement age remained at 66 years.
- For persons born in 1955 or later but before 1960, full retirement age increases in 2-month increments each year until it reaches 67 years.
- For persons born in 1960 or later, full retirement age is 67 years.
- At age 62, with permanent reduction: Monthly benefits are reduced by 5/9 of 1% for each month before the "full retirement age," up to 36 months. If the number is more than 36 months, then the benefit is further reduced by 5/12 of 1% for each month.
Visit SSA's website for more information about the impact of early or delayed retirement on the amount of your Social Security retirement benefits.
Social Security Disability Insurance Benefits (SSDI)
A person is eligible for Social Security Disability Insurance (SSDI) benefits if they earned enough work credits and SSA determines the person is "disabled." "Disabled" is defined by SSA's rules and regulations.
To qualify for disability benefits, a claimant needs 40 quarters of work. 20 of the quarters must be within the 10 years before the onset of the disability.
For a person to be determined "disabled," the claimant must be unable to work due to a physical or mental impairment. The inability to work must last or be expected to last for at least 12 months or result in death. SSA uses a five-step sequential evaluation for determining disability for adults, which may result in a different determination from other government or private disability programs. Learn more about how the disability determination is made.
In most cases, disability benefits will not begin until the 6th full month after the disability began.
Benefits for Family Members
If a person is eligible for retirement or SSDI benefits, their family members may be eligible for benefits based on his or her earnings record. Other family members who may be able to receive benefits include:
- the person's spouse if they are 62 years old,
- the person's spouse if they are under 62 years old, but caring for a child under age 16,
- the person's spouse if they are under 62 years old, but caring for a child 16 and older who is disabled and entitled to benefits on the wage earner's record,
- Their children, if they are unmarried and the children are under 18,
- Their children are 18-19 and attending high school full-time,
- Their children are 18 or older, but disabled, or
- Their ex-spouse if other requirements are met.
Supplemental Security Income (SSI)
Supplemental Security Income (SSI) is a needs-based program run by the Social Security Administration (SSA). SSI provides a basic income for older people and people with disabilities. Often, a person can supplement this income with benefits from other programs, including Medicaid, Food Stamps, and Aid to the Aged, Blind, and Disabled (AABD).
SSI is different from Social Security benefits paid through the OASDI program. Old-Age, Survivors, and Disability Insurance (OASDI) is an insurance program providing income to workers who retire, become disabled, or are survivors or dependents. SSI is a financial aid program for people who are elderly or have disabilities and meet specific low-income and asset guidelines.
Qualifying for Benefits
Eligibility for SSI benefits is not based on a person's work record. A person may be eligible for SSI benefits even if they have never worked or do not qualify for Social Security through the OASDI program.
Individuals must meet the following general criteria for SSI eligibility:
- Must be either age 65 or older, disabled, or blind,
- Must be a U.S. Citizen or in a group of immigrants eligible for SSI,
- Must have limited income. Income limits are based on the amounts of earned and unearned income, size of the household, and number of persons who are SSI-eligible in a household, and
- Must have limited resources. Generally, an individual is limited to $2,000 in bank accounts, personal belongings, and one motor vehicle exemption. Married couples are limited to $3,000.
Benefit Amount
In 2024, the maximum SSI monthly payment is $943 for an eligible individual and $1,415 for an eligible individual with an eligible spouse. The federal poverty level for one person in the United States in 2024 is $15,060/year, $20,440 for two people, and $31,200/year for a family of four. SSI payments are less than 100% of the federal poverty level.
Visit SSA's website for the table of monthly SSI benefit amounts.
SSI Based on Disability
For a person to qualify for SSI benefits based on disability, the SSA must determine the person is "disabled" as defined by SSA's rules and regulations. In general, you must have a disability that:
- Affects your ability to work for a year or more,
- Will result in death, or
- Severely limits daily activity (for children with disabilities).
You will need to be able to prove that you have not earned more than a certain amount from working in the month that you apply for SSI based on disability.
SSA uses the same five step sequential evaluation for determining disability for SSI and SSDI benefits. Learn more about how the disability determination is made.
Legal Resources
The Social Security Administration has several legal sources that govern its programs. Visit SSA's website for a listing of all its program rules. You may see SSDI is also referred to as “Title II” benefits, and SSI is also referred to as “Title XIV” benefits in certain SSA resources. These are references to the specific parts of the Social Security Act that address each type of benefit.
Federal Regulations
Federal regulations that cover OASDI, including Social Security Disability Insurance (SSDI), are found at 20 C.F.R. Part 404. Federal regulations that cover Supplemental Security Income (SSI) are found at 20 C.F.R. Part 416. The federal regulations are binding on all components of Social Security.
Social Security Rulings (SSRs)
SSRs are a series of precedential decisions relating to the programs administrated by SSA. SSRs are published under the authority of the Commissioner of Social Security. SSRs are binding on all components of the Social Security Administration. 20 C.F.R. § 402.35(b)(1). Visit SSA's website for the Social Security Rulings.
Program Operations Manual Service (POMS)
The POMS is a primary source of information used by Social Security employees to process claims for Social Security benefits. The public version of POMS is identical to the version used by Social Security employees except it does not include internal data entry and sensitive content instructions. POMS is generally followed by Social Security District Office staff in evaluating requests for review of overpayments, requests for waiver Program Operations Manual System.
, and requests to negotiate repayment amounts for overpayments. Visit SSA's website for theResources on SSA's website
SSA's website, www.ssa.gov, is a helpful resource for understanding and navigating its programs. The website includes information about SSA's programs, rules and regulations, forms, publications, and Social Security Office locations.
SSA's website also has homepages dedicated to specific programs including Social Security Disability Insurance and Supplemental Security Income.
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Part of the Legal Professionals library, sponsored by Reed Smith
