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Mr. Acosta discusses the differences between SSI and SSDI.
The Accessibility Corner discussion on social security. benefits.
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Mr. Acosta discusses the differences between SSI and SSDI.
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Mr. Acosta and Mr. Bautista discuss the differences between SSI and SSDI, two components of Social Security. SSI is based on need and has income restrictions, while SSDI requires a work history and has a limit on earnings. SSDI allows for substantial gainful activity, where a person can earn up to $2,450 per month. Marriage does not affect eligibility for SSI or SSDI, but income and resources are considered in SSI. If someone exceeds the earnings limit, their benefits may be suspended. SSI benefits can be adjusted based on income, and if income exceeds a certain threshold, eligibility may be lost. Young people receiving SSI can still work as long as their income is within the allowed limit. Well, welcome to another edition of the Accessibility Corner, and today we will be talking about two components of Social Security, which is SSI and SSDI. And we have Mr. Juan Acosta. So before we start, folks, just remember SSI and SSDI, two different things now, okay? We want you to remember that. So how are you both gentlemen doing today, Mr. Acosta and Mr. Bautista? We're doing fine. Great. So today we want to talk about two important components of Social Security, which is SSI and SSDI, correct? Correct. Okay. So, and Mr. Bautista, he's going to go ahead and translate the information into Spanish. And so we're going to go ahead and start. Mr. Acosta, can you just give a brief overview of yourself real quick? Okay. I used to work at Social Security for over 24 years, and then since I retired, I've done what they call the advocacy. I help people that have Social Security problems, including the disability application and process, which includes, of course, the condition of blindness as a disability, okay? Oh, great. That's perfect for our discussion. That's perfect. Okay. So this is going to start with just, what we're going to do is talk about the requirements for both SSI and SSDI. So Mr. Acosta, what's the basic requirements for SSI? Okay. The SSI requires that the person be disabled, of course, blindness being one of those conditions. In addition to the medical development reports and lab reports indicating that that person is classified as disabled, the person for the SSI program cannot have income higher than, let's say, $775 a month because the SSI is connected to the level of need that the applicant has. So there's where the difference is versus the DI program. The DI is the disability insurance. The disability insurance program requires that the applicant has a work history where he paid the FICA tax, and by having paid the FICA tax, they determine if he's currently insured status. That's like keeping your policy alive. So the FICA tax is what is required in the DI program, disability insurance. That differentiates, even though the conditions and the determination for blindness are equal in both programs, okay, the definition doesn't differ, it's just what happens after you establish the disability. One requires the work history, the other one, the SSI, requires that the person be what they call in need, less than $775 income a month. Okay. Now, Mr. Bosta, when it comes to SSI and SSDI, I know SSDI does allow for someone to work. Do you know the current limit for someone to work and still maintain their Social Security? Okay. The DI program, the disability, it permits once the case is established, it permits for the person to earn up to $2,450 per month in the year 2023. That amount is increased a small amount every year. So every year that amount goes up, and it's called substantial gainful activity. That means that the blind person is able to maintain a job. However, if he exceeds that amount, then the disability is put in jeopardy, because that's how the Social Security measures the amount of wages that the already classified blind disabled. So if he starts exceeding that amount, that means that his work activity is not impaired to the degree that Social Security will recognize it. That's why they call it substantial gainful activity. But as long as the amount is increased, he'll continue to get his benefits. Now, Mr. Acosta, when it comes, and the reason why we're talking more on SSDI, because those have more variables, because like Mr. Acosta said, SSI is a program based on need. So going back to SSDI, can someone get married or can someone be married and get SSDI? Yes. Yes. The marriage will not influence the eligibility for SSI. The only thing that potentially can is if the disabled blind person's work activity goes higher than the substantial gainful amount permitted, then it begins to jeopardize. And even when they go above, they have a nine-month trial work period that they'll continue to receive the benefit even though they're exceeding it, because the law also provides for nine months to see if the disabled blind person is going to be able to maintain it. They call it a trial work period. But the marriage won't influence that element of work activity, okay? The marriage can continue because the SSDI program doesn't measure resources like, let's say, the new wife or the new husband is going to bring in additional income. The SSDI doesn't connect to resources and monthly income. It principally connects to who the blind is and they're within the reach of the permitted amount. So, for example, if two people are married and both are receiving SSI, because both are disabled, it doesn't affect the combined income? Yes. In SSI, yes. Because when you have a partner, then the circumstance of needing that home has changed. And the spouses have the responsibility of maintaining both of them. So, then, a determination is made. How much income does the new spouse have? Because the circumstance is already new. As I asked before, if they get married, in the supplementary, it can have an effect. As far as the SSDI program is connected to the work history, it won't have an effect because there it's just regulating who has the disability. But as in SSI, take into account the circumstance of the home. And when there's a new member there, it's going to be a determination of how much income the spouse has because the spouses have the responsibility of maintaining each other when there's a marriage. Okay. Mr. Acosta, so when it comes to the work period that you mentioned earlier, if someone makes over the 2460 for those nine months, what happens after the 10th month? Well, once the nine months is reached, then they, the Social Care Administration, will say, you know, we're suspending your benefit because you've exceeded and we have any evidence that the wages were higher than that. And they permit two more months of adjustment. So, they're actually talking about, like, 11 months total where the benefit will continue to exist. But after that, it's suspended, not terminated. It's suspended because the condition of the work activity is putting them out of reach, okay? Okay. That makes sense. And let me explain what I mean by suspended. The payment will not continue. It's going to be suspended. But suspended is a lot less forceful than if it's terminated. When it's terminated, they have come up with a condition that that person is no longer blind or, in the majority of cases, it's terminated due to death. That's the complete stuff of the case. But when it's suspended, maybe that blindness will come back after so many work hours or whatever. And if it comes back, then they will reevaluate it to be blind again, okay? Okay. That makes sense. So, when, for example, a person is disabled and is receiving the SSI, and suddenly they get a job, do they lose the SSI completely or can they receive it again if, for example, they cut off their job or lose their job? Immediately, when the person is employed as a result of disability, then a determination is made as to what amount they have of income and what they can deduct from that income. Because the SSI has a formula that says, we're going to count the first $50. On top of that, we're going to count half of what's left. And if that's what's left, it's less than $775. There's a possibility that they can still contribute. You get the idea, right? Yes. The SSI is making an evaluation of the income that the person has again to see if, when they're given what's allowed under the SSI, then it's said, they're still in need, but now, instead of the $775 that we're giving them as a result of their job and that we've given them what's allowed, we're only going to be able to send them $50 because we have to take into account what caused the job. And if what's left is above $750, then that person won't be eligible, not as a result of disability, but as a result of income. Okay. Very good. Mr. Acosta, what you just said, I think, is extremely important for those who are listening to this, that SSI and SSDI have different qualifications. Now, if you're working, let's say you're receiving SSI, and you find employment, that will impact your SSI benefits, right, sir? Well, what they do is, as soon as the new circumstance exists, that employment is there, they will take the monthly amount. I don't know the new amount for $250, but whenever the SSI beneficiary, they go through a formula. We're only going to give you a discount of the first $50 in a month of income. Then the remainder, we're going to divide it by X amount, and then we'll determine if the resting amount is higher than $775, then the person is not eligible, connected to need, not the disability. Okay? Exactly. That's the point I wanted to make. I did that on purpose because SSDI, if you are employed, there's a certain limit that will impact your ability to receive benefits, but if you're receiving SSI, employment in itself may impact your total benefit. Great. Can you explain to the young people, because the young people who are 18 and up, I think that if they get their SSI, and if they suddenly get a job, they're going to lose their SSI, and they prefer not to work, and they don't know that there's a limit. I'd like you to explain to them that they can still work and receive SSI. Yes. Always, the level of income in the supplementary is not exaggerated, because if it's exaggerated, and the formula determines that it's above $775, then that person is no longer eligible. In the world of insurance, there's more benefit because it allows the person to earn $2,460, and less of that amount is still eligible in terms of work activity, which is what Social Security uses to determine if still blindness or disability is eligible for the benefit. Okay? So, Mr. Acosta, to clarify, for those young listeners that are listening, or let's say someone is receiving SSDI, if they do want to work, would you want to clarify, will that, in itself, depending, of course, on how much they make, will that impact their ability to receive benefits? Yes. Yes, because the determination has to be done by Social Security, whether it's within the reach of the amount committed for that year, called the SGA, substantial gainful activity. If it's less than that, the benefits will continue. If it's more than that, they can only help out for nine months. We call it the trial work period, because they're giving them nine months of benefits, as well as the income to see if he's able to maintain it. That's why it's called trial work period. After the nine months, Social Security determines if they can continue the benefits. So, if someone is blind and making $2,400 or less than $2,400, let's say they're making $2,200 a month, they should be okay? They should be okay. But the principle that I always advocate, evaluate with Social Security so that you're up to date on the amounts and the expenses that are permitted in relation to that work that you're maintaining, okay? Because when Social Security makes a determination of the amount of substantial gainful activity, let's say that the person has $2,500, but he also has expenses of either prosthesis or hearing devices or anything that helps his impairment to maintain the job. So then those expenses on a monthly basis can be subtracted for that amount so that they make a clear determination of what is the actual amount. The expenses to maintain the job that the disabled person is having to do are reduced from the amounts that are going to be declared as gains, okay? So all the time you have to do that. For example, the person needs a service, let's say a dog service that takes him and brings him to work, which he didn't have to have before. The job caused him to have to make that expense. So Social Security presents that the job is what is causing the expense and they take it away from the gains, okay? Another thing that I've seen, the CNI dog is impaired-related, which is connected to the condition, okay? And I say impaired-related expenses, that's the prosthesis. This is work-related expenses. The job is what is causing him to have to use the taxi. If he didn't have to go to work and use the taxi before work, he didn't have that expense. So all of that is declared so that the most current amount that the disabled person has left after the expenses. So, Mr. Costa, so transportation is covered or can be considered an expense, right? Yes, but I want to make the distinction. Work-related is like a taxi cab service, okay, because you need to get it connected to your work. And impaired-related is if you're having to establish a prosthesis or something that's connected to the impairment, those are also permitted that you wouldn't have to make those costs, but now you're having to make them because you're reporting to work, okay, to maintain the job. Yes, sir. So before we go any further, is there anything that we've missed that you feel is important for people to know? Well, you know, we're addressing blindness as a principal capacity. In my experience, blindness, to establish blindness, it's pretty clear-cut. They depend a lot, of course, on the lab tests and the doctor's opinions and that kind of stuff. The few blind cases that I've had, they can be completed in a short duration of time versus the other ones that take longer, okay? But the person should inquire from Social Security and any questions that they've got before they undertake it so that they can avoid problems down the road, okay? Yes, sir. I always say, you know, if you have a question, even if you can't get through to the 800 number, formulate it in writing and send it in to the local office and get a response. It's always more advantageous, like I think we mentioned, it's better to be informed and know the options than not be informed. So by all means, be alert to what's there. Besides, whenever the case is approved, in most cases, they get all the ifs and buts in written form. These are the types of things you've got to report. So be conscious of those, and whenever you have a question, call it in before you make a major decision, you know? Sure. Okay. I'm at 200. Right. Right. 20 over 200. Okay. Yes, sir. And Mr. Acosta, what you just said right now regarding the acuity, can you say that in English? Because I want, not only for those who are listening, but maybe their mom, their spouse, and they hear this and they're like, hmm, maybe my spouse or child does qualify. So can you repeat what you just said about the acuity? 20 over 200 or worse. Basically, that's how they define blindness disability. For the regular person, normal eyesight, the object is 200 feet away, but for the blind person to qualify, he has a vision that has to bring that object to 20 feet or worse, or closer in other words, okay? And that is established with the eye exams and the tests that the medical professionals perform, okay? Okay. Well, Mr. Acosta, is there anything before we leave you want to mention to the people who are listening? Well, for people that want to hear my podcast, my podcast is La Pandemia y Seguro Social Americano on Facebook, and there in Spanish I just generally talk about the disability program and the requirements like the earnings history and that kind of thing that we touched very briefly on today. But in addition, the podcast will then mention, if you want to go to my website, it will mention the four distinct programs that are available. And my website, again, is all Spanish, okay? Because from my experience, the Hispanic and the Spanish-speaking are in even worse shape when it comes to complete and accurate information as to what Social Security expects of them or is going to be requesting. You know, all the community is liking the complete and accurate, but the Hispanic, we're not used to going to a lot of effort to get informed, and some of them are really careful of the government agencies, you know. So that's just my overall comment that I would like to offer. La gente es muy tímida. Nosotros los esparlantes, los mexicanos, somos muy tímidos o miedosos porque tenemos miedo de ir a buscar a ver cuáles son los servicios que nos pueden servir, ¿verdad? Correcto. Mr. Costa, can you say your website and Facebook page in Spanish, please? My podcast is La Pandemia y Seguro Social Americano, que en español da información general de todo tipo de incapacidad y los requisitos de ganancias, tal como eso, okay? Pero allí se menciona y quiere más detalle, entonces tengo un website en español donde cada programa que se cubre del Seguro Social está detallado, incluyendo los documentos y los requisitos, okay? Entonces los ofrezco porque el podcast no cuesta nada, pero les da, por decir, una entrada, un preliminario de lo que el Seguro Social les va a pedir o les puede ayudar, okay? Yes, sir. Y el website ya es mucho más detallado, y el website sí les va a costar si entran allí porque es como mantengo yo el esfuerzo. That's understandable. Yes, sir, of course. So again, Mr. Costa, thank you for taking your time to explain the basic need or I'm sorry, the basic information for Social Security. For those who don't know, like you said, information is very powerful, very important, and thank you, Mr. Costa, for taking the time today. You're more than welcome, and I wish you the best and stay safe, all of you and all the audience that you address, okay? Thank you, sir. Gracias, Mr. Costa. You have a good day, sir. You too. Bye-bye. Adios. Again, thank you, Mr. Costa, for coming on the Accessibility Corner and talking about Social Security and the important details that people need to know, and we'll see you next time here on the Accessibility Corner. Bye-bye.
