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Social Security Disability FAQs

SSDI vs SSI: What Is the Difference?

Quick Answer
Both programs pay disability benefits — but the rules, the money, and the health coverage are completely different. Get clear on which program applies to you before you file.
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Two Programs, One Disability Standard

SSDI Pays on Work History. SSI Pays on Financial Need.

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are both run by the Social Security Administration and use the same medical definition of disability under 42 U.S.C. §423(d). The similarity ends there. SSDI is an earned benefit — think of it like a retirement account you funded with FICA payroll taxes. SSI is a welfare program funded by general revenue. No work history is required for SSI, but your income and assets must stay below strict limits: in 2026 the federal benefit rate is $967/month for an individual and $1,450/month for a couple.

SSDI benefit amounts are calculated from your Average Indexed Monthly Earnings (AIME) and Primary Insurance Amount (PIA) — the more you earned over your career, the higher your check. The average SSDI payment in 2026 is approximately $1,580/month, though high earners can receive significantly more. After 24 months of SSDI payments you automatically receive Medicare. SSI recipients in New York qualify for Medicaid almost immediately. Neither benefit requires you to deplete savings if you are on SSDI — there is no resource limit for SSDI at all.

Many people qualify for both programs simultaneously — called concurrent benefits. This happens when your SSDI benefit is low enough that SSI fills the gap up to the federal benefit rate. SSA offsets the payments automatically. If you think you may qualify for SSI but not SSDI because you lack work credits, you still need to file a separate SSI application. Our team evaluates both tracks at every intake — including bilingual consultations in Spanish for clients who are more comfortable in that language. No fee unless we win.

How We Handle It

How we handle these cases

1

Dual-Track Intake

At your first consultation we evaluate both SSDI insured status and SSI financial eligibility so you never miss a benefit stream you are entitled to.

2

Earnings Record Pull

We obtain your Social Security Statement to confirm your insured-status date, projected SSDI amount, and whether concurrent SSI filing is worth pursuing.

3

Resource Planning Guidance

SSI resource rules are complex. We walk you through what counts as a resource, what is excluded (a home, one car, burial funds), and how to avoid inadvertent disqualification.

4

Same Medical Standards

Because both programs share the same five-step sequential evaluation, a strong medical file helps both claims equally. We build one record that satisfies both.

5

No Fee Unless We Win

Attorney fees on SSDI are capped by federal law at 25 percent of back pay, not to exceed $7,200. SSI fees follow the same cap. You never pay out of pocket.

Case Results

Real cases. Real results.

Three recent Social Security Disability outcomes — case context and result. No client identifying information.

Concurrent Approval
Approved for SSDI + SSI — $1,820/month combined

A 38-year-old Brooklyn resident with schizophrenia had a spotty work history. We filed both SSDI and SSI simultaneously. Her low SSDI benefit was topped up by SSI, giving her full coverage plus immediate Medicaid.

SSI Only
Approved — $967/month + Medicaid

A 26-year-old Manhattan client with autism spectrum disorder had never held substantial employment. SSDI was not available. We secured SSI approval with targeted documentation under Listing 12.10.

SSDI High-Earner
Approved — $3,100/month + Medicare

A 55-year-old Long Island engineer with multiple sclerosis had 30 years of high wages. His SSDI benefit reflected his earnings record. We also secured Medicare Part B enrollment to cover his ongoing MS treatments.

Prior results do not guarantee a similar outcome. Each case is evaluated on its own facts. The case outcomes shown are representative examples; details have been altered or generalized to protect client confidentiality.

Reviewed by Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C. · Admitted in New York

Brian Mittman has personally handled New York Workers’ Compensation, SSDI, LTD, and Personal Injury cases for over three decades.

Last reviewed: May 14, 2026
Your Legal Team

The attorneys who work your case

Not a call centre. The lawyer who signs you is the lawyer who shows up.

  • Brian M. Mittman, Esq.

    Brian M. Mittman, Esq.

    Managing Partner · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Brian
    • Admitted in New York
    • 30+ years in practice
    • Attends Board hearings personally

    Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.

    Full bio & credentials →

  • Randy Jacobs, Esq.

    Randy Jacobs, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Randy
    • Admitted in New York and New Jersey
    • Pace University School of Law, J.D.
    • Litigates before the Workers' Compensation Board

    Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.

    Full bio & credentials →

  • Benai Lifshitz, Esq.

    Benai Lifshitz, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Benai
    • Admitted in New York, 2008
    • New York Law School, J.D. 2007
    • With The Disability Guys since 2013

    Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.

    Full bio & credentials →

  • Emily Grajales, Esq.

    Emily Grajales, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Emily
    • Admitted in New York, 2007
    • 20 years in practice
    • Fluent in Spanish

    Emily has spent two decades on New York workers' compensation and Social Security Disability matters, including service as an Agency Attorney and Hearing Officer for NYC Transit and the MTA.

    Full bio & credentials →

  • Lauren Jurgens, Esq.

    Lauren Jurgens, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Lauren
    • Admitted in New York, 2023
    • Albany Law School, J.D. 2022
    • Handles Third Department appeals

    Lauren represents injured workers in Workers' Compensation matters and handles appeals before the Appellate Division, Third Department.

    Full bio & credentials →

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