When a prospective clients calls my office looking for help, my staff tries to determine right away whether the caller meets the non-medical requirements of any of the Social Security Disability programs. This is why in the initial consultation process, my office always asks extensive questions about the callers' work history and financial resources.
Essentially, there are two different types of Social Security disability programs: Title II and Title XVI. Both programs use the same medical requirements. However, these programs have different non-medical requirements. Before we agree to take a case, we need to determine whether the person meets the non-medical requirements. Unfortunately, we cannot be of any help unless the person meets the non-medicals.
The be eligible for Title II, a person must have worked long enough and recently enough. Generally, a person must have worked 5 out of the last 10 years. Therefore, a person who calls our office looking for help for the first time should be ready to provide us with a fairly accurate work history. In an initial consultation, it is ideal to obtain a fairly good notion of how long the person worked in each one of his or her jobs in the last ten years. Gaps in work, reduced hours and periods of unemployment can affect eligibility for Title II.
Title XVI is a needs based program which is generally available for persons who are poor and have not been able to work. To be eligible for Title XVI a person must have less than $2,000 dollars, one car and one house. Bear in mind that sources of income and assets such as pensions and 401K plans can affect eligibility for Title XVI benefits. More importantly, if a person has a spouse who works or has significant assets, he or she might not be eligible. For these reasons, anyone who calls our office for the first time looking for help with a Title XVI case should be ready to give us information about their finances.
Here is a brief explanation of Title II and Title XVI benefits and the sub-types of benefits available under each program:
A person is only eligible for Title II benefits if he or she has a sufficient work record (generally must have worked 5 out of the last 10 years.) Usually, the work record is of their own, but it can be that of a disabled or deceased parent(s) or spouse.
Different Sub-Types of Title II Benefits:
DIB-Disability Insurance Benefits
This is the most common type of benefit. This is a claim on the applicants own employment record and social security taxes paid.
CDB-Childhood Disability Benefits
An individual may be eligible for CDB benefits if they are found disabled between the ages of 18 and 22 and they are the child of a wage earner who is receiving retirement benefits, disability benefits, or is deceased. They must also be or had been dependent on the wage earner and unmarried.
DWB—Disabled Widow’s Benefits
Surviving disabled widows or widowers may be eligible for disability benefits based on a deceased or surviving divorced spouse’s record.
Title 16: Also Called Title XVI, DI or SSI (Supplemental Security Income)
Persons applying for Ttitle XVI benefits must meet an income and resource test prior to qualifying for benefits. The Social Security Office determines eligibility.
This is the most common type of Title XVI benefit. The claimant or applicant qualifies for benefits based on their limited income and resources.
A claim labeled as DS serves as an indicator that the claimant’s spouse is disabled and receiving benefits. The claim is worked the same as a DI claim.
A DC claim is a disability claim for a disabled child under the age of 18. The child’s parents or guardian’s income and resources must be limited for the child to qualify for benefits.