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#Social Security Disability Law: A Beginner - s Guide This post was co-authored by Barbara Bavis and Robert Brammer. Legal Reference Librarians. Social Security disability benefits have taken on an ever-increasing role in the press in recent months, 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 .” 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 .” For a more detailed explanation of the difference between the two programs, please review the SSA’s own comparison chart . Treatises and Print Resources Detail from Disability Benefits (1962), courtesy of the Prints and Photographs Division, Library of Congress Legal scholars have created several helpful print resources that examine and discuss the law regarding both SSDI and SSI. We provide links to the Library of Congress catalog entries to these resources below, but if you are unable to visit the Library, please use the WorldCat Catalog to find these resources in your area. For True Beginners General Compiled Laws and Governmental Materials Statutes, Regulations, and Agency Documents Statutes Most federal statutes regarding Social Security benefits can be found in Chapter 7 of Title 42 of the United States Code (U.S.C.). Specifically, SSDI is discussed in selected sections of 42 U.S.C. §§ 401 to 433. while SSI is discussed in selected sections of 42 U.S.C. §§ 1381 to 1385 . Regulations and Agency Documents Most federal regulations regarding Social Security disability benefits can be found in Title 20 of the Code of Federal Regulations (C.F.R.). Specifically, SSDI is discussed in Part 404 and SSI is discussed in Part 416 . Detail from It works when you can t, courtesy of the Prints and Photographs Division, Library of Congress Further, the SSA provides several other agency resources regarding disability benefits, including:
Other Online Sources In addition to the resources listed above, there are several helpful online sources that provide facts and guidance regarding the Social Security disability benefits system: As always, we wish you luck with your research regarding Social Security disability benefits law. Please let us know in the comments if there are any other helpful sources you would like to add. If you have any additional questions regarding research in this area, please do not hesitate to use our Ask a Librarian service. 3 Comments
If the person who doesn t speak english,and can not read how do they do? for example.if they just movied with their sibling to other states,and don t let the ssi office know.So do they can receive the ssi benefits ? Frank Felice Please supply me with information on rates for the transportation of medicare and medicaid patients to medical facilities and all regulations and qualifications for starting this service. ThaA There are many resources in the above post that may be beneficial to you. If, after utilizing them, you still have questions, do not hesitate to submit your question to our Ask a Librarian service at http://www.loc.gov/rr/askalib/ask-law.html . Frank You might consider using a subject search for subjects like Medicaid. Medicare Handbooks, manuals, etc. Medicare Law and legislation. Medicare Law and legislation Handbooks, manuals, etc. Patients Transportation United States. and/or Transport of sick and wounded United States. among others, in either the Law Library of Congress catalog or the WorldCat catalog (see links above) to find helpful resources. If you still have questions after reviewing these resources, please feel free to use our Ask a Librarian service at http://www.loc.gov/rr/askalib/ask-law.html . Add a CommentThis blog is governed by the general rules of respectful civil discourse. You are fully responsible for everything that you post. The content of all comments is released into the public domain unless clearly stated otherwise. The Library of Congress does not control the content posted. Nevertheless, the Library of Congress may monitor any user-generated content as it chooses and reserves the right to remove content for any reason whatever, without consent. Gratuitous links to sites are viewed as spam and may result in removed comments. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on the Library site. Read our Comment and Posting Policy .
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