1	Social Security and SSI A basic comparison prepared by Richard P. Weishaupt Community Legal Services, Inc
2	Basic comparisons -- similarities SSI Aged (65), blind or disabled SSA Monthly check Comes with health insurance -- Medicaid Social Security Aged, blind or disabled Run by SSA Monthly check Comes with health insurance -- Medicare
3	Basic comparisons -- differences SSI Means tested – income and resource tests Benefit depends on income Benefits only for eligibles Social Security Insurance based – no means tests Benefits depend on contributions Benefits also for dependents
4	Sources of law Social Security Law Title II -- 42 USC sec 401 et seq. Regulations – 20 CFR sec 401 et seq. Rules – POMS* SSI Law Title XVI – 42 USC sec 1381 et seq. Regulations – 20 CFR sec 416 et seq Rules – POMS* POMS online at https://secure.ssa.gov/apps10/poms.nsf/partlist!OpenView
5	Age Social Security Used to be full retirement at 65 Early retirement at 62 Now varies depending on dob – 65 for those born 1937 and earlier; 67 for 1960 and later SSI 65
6	Disability/blindness Same test for both: Disability = unable to do substantial gainful activity that exists in significant numbers in the national economy Caused by an physical or mental impairment that will last at least a year or result in death
7	Citizenship tests Social Security Must be lawfully present SSI Must be a “qualified” alien Significantly more difficult and complicated
8	Insurance coverage Fully insured – 40 quarters (10 years) of work Disability also requires current insurance – basically 5 out of last 10 years Special rules for those 21 – 31. In 2008 a quarter of work requires $1,050 in earnings
9	Social Security replaces wages for dependents Spouses Widows and widowers Children, including Disabled Adult Children Parents Survivors Granparents
10	SSI means test Countable income must be under payment amount $637 for an individual, $955 for a couple. Resources must be under $2000 for an individual, $3000 for a couple. Residence and a car generally don’t count Some other opportunities for planning – SNT, burial reserves, etc.
11	Working Working may effect eligibility for all kinds of disability, especially in excess of SGA ($940 in 2008) Working will reduce SSI benefits based on formula (deduct $65 + 50%) Working will reduce retirement benefits if under 70
12	Miscellany SSI also comes with a State Supplement in PA ($27.40 for an individual, $43.70 for a couple Maximum SS is $2116 in 2007 Overpayments may reduce benefits in both programs.
13	Tips Always get an Appointment of Representative (form 1696) signed if you are trying to help Infirm claimants can have a “representative payee.” Appeal if there is any doubt – you only have 60 days to appeal