Social Security Disability Law: A Beginner's Guide
A research guide regarding the statutes and regulations affecting Social Security disability claims, whether Social Security Disability Insurance Program (SSDI) or Supplemental Security Income Program (SSI)
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Barbara Bavis, Bibliographic and Research Instruction Librarian, Law Library of Congress
Robert Brammer, Senior Legal Information Specialist, Law Library of Congress
Janeen Williams, Legal Reference Librarian, Law Library of Congress
Kellee Bonnell, Legal Reference Librarian, Law Library of Congress
Note: This guide is adapted from a research guide published on the Law Library's blog, In Custodia Legis, in 2013.
Created: July 31, 2018
Last Updated: May 15, 2019
Social Security disability benefits have taken on an ever-increasing Externalrole in the press External in recent years, and as such, it is no surprise that the Law Library of Congress has received many questions regarding the law in this area. In this post, we will provide a basic overview of the two disability-related Social Security benefit plans, and offer information about some of the print and electronic resources available to help researchers in this often-confusing area.
When an individual references “Social Security disability benefits,” he or she is often referring to two programs overseen by the Social Security Administration (SSA): (1) the Social Security Disability Insurance Program (SSDI) and (2) the Supplemental Security Income Program (SSI). While both programs utilize similar standards for establishing “disability,” and provide a certain amount of income replacement to disabled individuals, they differ in several other areas. Perhaps the most important of these differences is in eligibility. Generally, to be eligible for SSDI, an individual must not only prove that he or she is disabled, but also that he or she worked and contributed to the Social Security system for a certain period of time before claiming disability (often referred to as work credits). Eligibility for SSI does not depend on contribution requirements, but instead requires that a person be disabled, blind, or aged 65 or older, and “have low income and few resources [PDF]”. Additionally, the two programs differ in how the monthly benefit is determined—for SSDI, the calculation focuses on and can vary depending on the individual’s earnings history, while the SSI benefit is “based on need [PDF]” . For a more detailed explanation of the difference between the two programs, please review the SSA’s own comparison chart [PDF].