Can I Be Denied SSI but Approved SSDI? Here's What To Expect
The Social Security Administration (SSA) offers two benefits programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Because each program has separate rules, you can be denied for SSI but approved for SSDI if your income exceeds the guidelines.
SSI Eligibility Criteria
Income and Resource Limits
SSI provides monetary help to disabled, blind, or elderly individuals with limited income and resources. The federal program is based on income level, and eligibility requirements are adjusted yearly.
In 2024, the federal benefit rate (FBR) for SSI is $943 per month for individuals and $1,415 per month for couples. The resource limit is $2,000 for individuals and $3,000 for couples.
A resource is money or something you own that can be turned into cash. Countable resources are the things you own that count toward the resource limit, such as the home you live in and the land it's on. Here's what's usually not counted:
A vehicle that you or a family member uses for transportation
Household items and personal belongings
Life insurance policies with a combined value of $1,500 or less
Burial plots for you or your immediate family members
Up to $1,500 in burial funds each for you and your spouse
Property or tools you or your spouse use for work, whether you're self-employed or work for someone else
Residency Requirements
To qualify for SSI, you must live in the US and can't receive SSI benefits for any month you're outside the country. If you've been out of the US for 30 days or more, you'll need to be back in the country for 30 consecutive days before your Social Security benefits can resume. If you're a noncitizen, you might still qualify if you fit into one of these categories:
You have a green card (lawfully admitted for permanent residence)
You were granted conditional entry into the US
You were paroled into the US
You were admitted as a refugee
You were granted asylum
You're a Cuban or Haitian entrant (CHE)
SSI Requirements
Requirements for SSI include being 65 or older or having a qualifying disability, including blindness. Blindness is defined as either:
Having eyesight that, even with glasses, is 20/200 or worse in your better eye
Having a minimal field of vision in your better eye, where you can only see within a 20-degree angle
Children 18 years old or younger are considered to have a disability if they suffer from a physical or mental health condition (including emotional or learning issues) that severely limits their daily activities, is expected to result in death, or has lasted or is expected to last for at least one year.
For people over 18, the same definition applies, but with one difference: instead of saying the condition "severely limits their daily activities," it states that it "prevents them from doing any substantial gainful activity (SGA)."
SGA is the amount of money you can earn from working that the SSA considers enough to support yourself. If you're earning above this amount, the SSA assumes you're not disabled.
Eligibility Criteria for SSDI
Work Credits and Employment History
In 2024, you need 40 work credits to qualify for SSDI. You receive 1 credit for each $1,730 of earnings, up to the maximum of 4 credits per year.
The SSA uses earnings guidelines to evaluate if your work counts as SGA. If you earn more than $1,550 a month ($2,590 if you're blind), you make too much to be considered disabled, and your SSDI claim will be rejected.
Disability Requirements
To get SSDI benefits, you must have a condition that meets the SSA's disability definition. Here are the disability criteria:
You can't work at a level that would be considered SGA
You can't do work you previously did or any other kind of work
Your condition has lasted or is expected to last for at least one year or result in your death
If you can't do the work you used to, the SSA will determine if you could do any other type of work. To decide, they look at your medical conditions, age, education, work history, and any skills that might transfer to a new job. If they determine you can't do any other work, you'll be approved for government benefits.
The SSA lists medical conditions it considers severe enough to keep someone from working. If your condition isn't on that list, they'll assess whether it's just as limiting as the ones that are.
Some cases—known as "compassionate allowances"—that typically qualify for disability are approved as soon as a diagnosis is confirmed. These include conditions like acute leukemia, Lou Gehrig's disease (ALS), and pancreatic cancer. Nowadays, the SSA digitally screens cases to identify ones likely to be approved, which helps speed up the process.
Common Reasons Why the SSA Might Deny Your SSI Claim
Your countable resources exceed what's allowed: If your countable resources are above the limit set by SSA, your claim will probably be denied. Countable resources include cash, bank accounts, real estate, and other assets.
You didn't file in time: The SSA has strict deadlines for filing paperwork. If you fail to meet these deadlines, your claim will be rejected.
You don't meet the residency requirements: To get SSI, you must be a US citizen, national, or noncitizen with certain legal statuses approved by the Department of Homeland Security (DHS). Your application will be denied if you don't meet these residency criteria.
You fail to return a phone call: Once you've filed a claim, you may receive a call from the SSA or Disability Determination Services (DDS) if your application is incomplete or they need additional information. If you fail to return their calls, there's a good chance your claim will be denied.
You fail to meet the disability standards: If the SSA determines that your condition doesn't meet their criteria for a qualifying disability, you'll receive a denial letter. This means you won't receive benefits.
How to Appeal an SSI Denial
If your Social Security disability claim is denied, you can file an appeal. However, you must do so within 60 days.
The first stage of the appeals process is a request for reconsideration. During this phase, a team of medical examiners who weren't part of the original decision will examine your claim.
The second stage is appearing before an administrative law judge (ALJ). Medical experts chosen by you or your attorney will testify on your behalf.
The third stage is a review by the Appeals Council, which will decide if the ALJ made a mistake in applying the law. The council can deny your request, return it to the judge, or decide the case themselves.
The fourth stage is taking your case to federal court. A federal judge will examine your case to see if the SSA followed the law and applied the correct standards. The judge can reaffirm the SSA's decision, overturn it, or return the case for further review.
Gathering Additional Medical Evidence
Strengthening your claim by providing additional medical evidence can boost your chances of approval. For example, if the SSA rejected your claim because of insufficient medical records, work with your doctor to compile more complete medical history documentation. This might include additional tests, reports, medical treatments you underwent, or a more comprehensive explanation of how your illness or injury prevents you from working.
Can You Be Approved for SSI But Denied For SSDI?
Yes, if you haven't accumulated enough work credits to be eligible for SSDI. Applicants typically need 40 work credits to qualify, with the last 20 coming over the past 10 years.
What To Do If You're Denied Social Security Disability
Over two million people annually file for one or both of the SSA's disability benefits programs.
Due to the overwhelming number of SSI and SSDI applications, mistakes are invariably made by both applicants and the SSA. Claims that should never have been approved slip through the cracks, and individuals with genuine disabilities are denied.
This troubling statistic is why your claim must be as thorough and complete as possible. One of the best ways to do this is by hiring a disability attorney with in-depth expertise in Social Security disability law—like the ones you'll find at Impact Disability Law.
Studies show that claimants with attorney representation have higher approval rates.
Our disability lawyers understand the complex rules and regulations of Social Security disability law. By helping you prepare a complete and accurate disability application, they reduce the likelihood that your claim will be rejected. They know what medical information is needed and can help you gather and present it effectively.
Our law firm has years of experience dealing with SSA procedures and staff, which helps speed up the process. If your claim is denied, one of our disability benefits lawyers can guide you through the appeals process and significantly boost your chances of success. They can help ensure you receive the full monthly benefits you're entitled to, including back pay.