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Findgreatlawyers.com is a free service, run by Illinois attorneys, that allows people to ask legal questions at no cost and refers callers to law firms that fit their needs. We help in almost every area of law including social security. We are based out of Chicago, but help in almost every county in Illinois. For more information about our service please read our how it works section. If you have additional questions or want a referral, please call us at (312) 346-5320 or (800) 517-1614 or fill out our contact us form and we will contact you. For information on the various types of social security programs available, please read on.

There are two programs that provide benefits to the disabled under the Social Security system: Social Security Disability Insurance (also called Disability Insurance Benefits or DIB) and Supplemental Security Income (SSI). Most people that come to us looking for legal help with social security have applied for social security and been denied twice, at which point a lawyer can usually get involved. Most of these people have suffered a physical or mental disability that has rendered them unable to work. We discuss both types of programs for the benefit of everyone who has a social security issue.

Social Security Disability Insurance provides benefits to workers covered by the Social Security laws. To apply for Social Security Disability Insurance benefits under one's own social security account, an individual must have paid into social security for a minimum number of work quarters. The minimum number of work quarters is determined by the person's age and the number of years he or she worked prior to becoming disabled. Beyond that, all that is required is that the person is disabled and is not longer capable of substantial gainful employment.

A person may also apply to draw on his or her parents' account. To draw on a parent's account, a person must have been disabled prior to reaching the age of 22, must be single/unmarried, and must be incapable of substantial gainful employment. In addition to these requirements, the parent under whose account the person seeks to collect on must have died, retired, or become disabled. In short, a dependent adult child can collect Social Security Disability Insurance benefits based on his or her parent's work record if the parent is eligible for benefits. In this case, the dependent adult child's own work record is irrelevant, and his or her personal financial assets, such as bank accounts, savings bonds, etc., will not be considered in determining his or her eligibility for Social Security Disability Insurance.

A person may also be eligible to draw on their deceased spouse's account, depending on their age at the time of the spouse's death.

Social Security Disability Insurance benefits are based on the number of years the person worked and paid into social security, the rate of pay, and the person's age when he or she became disabled. The amount can range from approximately $200 per month up to around $2,000 per month. In addition to the Disability Insurance benefits, Medicare is available to people eligible for Social Security Disability Insurance. There is generally a 24 month waiting period from the first month of benefits eligibility before Medicare begins. Medicare has two parts: hospital insurance, which is free to Social Security Disability Insurance recipients, and medical insurance, which is paid for by a small deduction from the Social Security check each month.

A second type of Social Security benefits is Supplemental Security Income. To receive Supplemental Security Income, the person must be disabled and incapable of gainful employment. He or she must also have very little income and very few resources on which to support himself. People may still qualify for Supplemental Security Income despite having some significant resources. These resources are considered 'exempt' from the eligibility determination. Some examples of assets a person can retain and still qualify for Social Security Income include:

• Savings accounts to a maximum of $2,000 for a single person or $3,000 for a couple;
• Life insurance with a face value of up to $1,500;
• Burial plots for your and your immediate family;
• A car worth up to $4,500 (several exceptions apply, such as if the car is required to accommodate the disability, etc.); and
• Your house, regardless of its value so long as you live there and do not receive income from it.

In addition to asset exemptions, some sources of income do not count in deciding Supplemental Security Insurance eligibility either. Some examples include:

• the first $65 per month of most earned income, and half of any earned income over $65 per month;
• food stamps; and
• food, clothing, and shelter from certain not-for-profit organizations.

As mentioned, Supplemental Security Insurance benefits are determined both on the bases of disability and financial need. However, the amount of money you receive under Supplemental Security Income is limited. Moreover, the amount of benefits may be reduced if there are additional sources of income and other non-exempt resources available to the disabled person, or if the disabled person is receiving any free or "in kind" support from a parent, relative, or friend. However, there are ways to maximize your Supplemental Security Income benefits as well. Deductions are allowed for "impairment-related expenses" and household expenses. Reporting these sources and potential deductions can be extremely technical.

Because Supplemental Security Income is based on disability and financial need, most Supplemental Security Income recipients are eligible for Medicaid.