Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI): Eligibility, Benefits, and Financing

Congressional research reportMay 16, 2018

Ask Donna

What actually matters in this document.

Text

Social Security Disability Insurance (SSDI)

and Supplemental Security Income (SSI):

Eligibility, Benefits, and Financing

(name redacted)

Analyst in Income Security

May 16, 2018

Congressional Research Service

7-....

www.crs.gov

R44948

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Summary

The Social Security Administration (SSA) is responsible for administering two federal

entitlement programs established under the Social Security Act that provide income support to

individuals with severe, long-term disabilities: Social Security Disability Insurance (SSDI) and

Supplemental Security Income (SSI). SSDI is a work-related social insurance program authorized

under Title II of the act that provides monthly cash benefits to nonelderly disabled workers and

their eligible dependents, provided the workers accrued a sufficient number of earnings credits

during their careers in jobs subject to Social Security taxes. In contrast, SSI is a need-based public

assistance program authorized under Title XVI of the act that provides monthly cash payments to

aged, blind, or disabled individuals (including blind or disabled children) who have limited assets

and little or no Social Security or other income. In 2017, SSDI and SSI combined paid an

estimated $199 billion in federally administered benefits to 14.5 million qualified disabled

individuals and 1.5 million non-disabled dependents of disabled workers.

SSDI is part of the federal Old-Age, Survivors, and Disability Insurance (OASDI) program,

commonly known as Social Security. OASDI benefits are based on an insured worker’s careeraverage earnings in jobs covered by Social Security and designed to replace a portion of the

income lost to a family due to the worker’s retirement, disability, or death. Workers become

insured against these events by acquiring a certain number of earnings credits during their careers

in covered employment or self-employment. The SSDI component of the program provides

benefits to disabled workers who are under Social Security’s full retirement age and to their

eligible spouses and children. The Old-Age and Survivors Insurance (OASI) component also

provides disability benefits to eligible disabled dependents of retired workers and to eligible

disabled survivors of deceased beneficiaries and deceased insured workers. Although these

individuals are not technically disability insurance beneficiaries, they are often included in the

term SSDI because they receive Social Security benefits due to a qualifying impairment. SSDI

and OASI disability benefits are paid from the Social Security trust funds, which are financed

primarily by payroll and self-employment taxes levied on the earnings of covered workers.

SSI is a federal assistance program that provides needy aged, blind, or disabled individuals with a

guaranteed minimum income to meet their basic living expenses. Although there are no work or

contribution requirements to qualify for payments, the program is based on need and therefore is

restricted to individuals with limited financial means. SSI is commonly known as a program of

“last resort” because claimants must first apply for most other benefits for which they may be

eligible; cash assistance is awarded only to those whose assets and other income (if any) are

within prescribed limits. The basic federal SSI payment is the same for all recipients and is

reduced by the amount of other income that an individual receives. Some states supplement the

federal SSI payment with solely state funds. Unlike Social Security, SSI is financed by

appropriations from general revenues.

Most claimants are considered disabled for SSDI and SSI eligibility purposes if they are unable to

engage in any substantial gainful activity (SGA) by reason of any medically determinable

physical or mental impairment that is expected to last for at least 12 months or to result in death.

In 2018, the SGA earnings limit is $1,180 per month for most individuals. Claimants generally

qualify if they have an impairment (or combination of impairments) of such severity that they are

unable to perform any kind of substantial work that exists in significant numbers in the national

economy, taking into consideration their age, education, and work experience. If a claimant’s

application for benefits is denied at any point during the disability determination process, the

claimant has the right to appeal the determination or decision.

Congressional Research Service

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Contents

Introduction ..................................................................................................................................... 1

Social Security Disability Insurance (SSDI) ................................................................................... 1

Eligibility Requirements for Disabled Workers ........................................................................ 2

Disability-Insured Status ..................................................................................................... 2

Under the Full Retirement Age (FRA) ................................................................................ 3

Eligibility Requirements for Dependents and Survivors ........................................................... 4

SSDI Spouses ...................................................................................................................... 4

SSDI Minor Children .......................................................................................................... 4

SSDI Student Children ........................................................................................................ 5

SSDI Disabled Adult Children ............................................................................................ 5

OASI Disabled Widow(er)s ................................................................................................ 5

OASI Disabled Adult Children ........................................................................................... 6

Termination Events ................................................................................................................... 6

Cash Benefits ............................................................................................................................ 7

Social Security Benefit Formula ......................................................................................... 7

Maximum Family Benefit Limits ....................................................................................... 8

Workers’ Compensation and Public Disability Benefit (WC/PDB) Offset ......................... 8

Average and Total Monthly Benefit Levels ........................................................................ 9

When SSDI Benefits Start (The Five-Month Waiting Period) .......................................... 10

Exceptions to the Five-Month Waiting Period for Cash Benefits ..................................... 10

Retroactive Benefits .......................................................................................................... 10

Medicare...................................................................................................................................11

24-Month Waiting Period...................................................................................................11

Exceptions to the 24-Month Waiting Period ..................................................................... 12

Financing ................................................................................................................................. 13

Supplemental Security Income (SSI) ............................................................................................ 14

Eligibility Requirements ......................................................................................................... 15

Categorical Requirements ................................................................................................. 16

Financial Requirements .................................................................................................... 16

Countable Income Limits .................................................................................................. 16

Countable Resource (Asset) Limits .................................................................................. 19

Deeming of Income and Resources from Certain Close Family Members....................... 21

Residency Requirements ................................................................................................... 22

Citizenship Requirements ................................................................................................. 23

Other Requirements .......................................................................................................... 24

Termination Events ................................................................................................................. 25

Cash Payments ........................................................................................................................ 26

Federal Benefit Rate (FBR) .............................................................................................. 26

State Supplementary Payments (SSPs) ............................................................................. 27

Basic Payment Calculation Example ................................................................................ 28

Gross Income Breakeven Points ....................................................................................... 29

Reduced SSI Payment for Residents of Certain Medical Facilities .................................. 29

Average and Total Monthly Payment Levels .................................................................... 30

When SSI Payments Start ................................................................................................. 30

Medicaid.................................................................................................................................. 31

1634 States ........................................................................................................................ 31

SSI Criteria States ............................................................................................................. 32

Congressional Research Service

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

209(b) States ..................................................................................................................... 32

SNAP ...................................................................................................................................... 33

Financing ................................................................................................................................. 33

Concurrent Disability Beneficiaries .............................................................................................. 34

Definition of Disability ................................................................................................................. 36

SSDI and Adult SSI Claimants ............................................................................................... 36

Child SSI Claimants ................................................................................................................ 36

Substantial Gainful Activity (SGA) Earnings Limits .............................................................. 37

Drug Addiction and Alcohol (DAA) ....................................................................................... 37

Following Prescribed Treatment ............................................................................................. 38

Comparisons with Other Program Definitions of Disability ................................................... 39

Application and Initial Determination Process .............................................................................. 39

Disability Determinations for SSDI and Adult SSI Claimants ................................................ 40

Step 1. Work Activity Test ................................................................................................ 41

Step 2. Severity and Duration Test .................................................................................... 42

Step 3. Medical Listings Test ............................................................................................ 43

Step 4. Previous Work Test ............................................................................................... 44

Step 5. Any Work Test ...................................................................................................... 44

Disability Determinations for Child SSI Claimants ................................................................ 45

Appeals Process ............................................................................................................................. 47

Step 1. Reconsideration ........................................................................................................... 48

Step 2. Hearing Before an Administrative Law Judge (ALJ) .................................................. 49

Step 3. Appeals Council (AC) ................................................................................................. 50

Step 4. Federal Courts ............................................................................................................. 50

Determinations of Continuing Eligibility ...................................................................................... 51

Continuing Disability Reviews (CDRs) .................................................................................. 51

Age-18 Disability Redeterminations ....................................................................................... 52

Work CDRs ............................................................................................................................. 53

SSI Redeterminations .............................................................................................................. 53

Figures

Figure 1. Social Security Beneficiaries, by Type, December 2017 ................................................. 2

Figure 2. SSI Recipients, by Eligibility Pathway and Age Group, December 2017 ..................... 15

Figure 3. SSDI Beneficiaries and SSI Disability Recipients Aged 18-64, December 2016 .......... 35

Figure 4. Average Monthly Benefit Amount for Disability Beneficiaries Aged 18-64,

by Type of Disability Beneficiary, December 2016 ................................................................... 36

Figure 5. Initial Disability Determination Process for SSDI and Adult SSI Claimants ................ 41

Figure 6. Initial Disability Determination Process for Child SSI Claimants ................................. 46

Figure 7. Appeals Process.............................................................................................................. 48

Figure 8. CDR Diary Classification for SSDI Beneficiaries and SSI Disability Recipients,

July 2017 .................................................................................................................................... 52

Congressional Research Service

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Tables

Table 1. Number and Share of Disabled Workers Terminated from SSDI and the Annual

Termination Rate, by Reason for Termination, 2016 ................................................................... 6

Table 2. Average and Total Monthly Benefit Amounts of SSDI and OASI Disability

Beneficiaries, by Type of Beneficiary, December 2017 ............................................................... 9

Table 3. Operations of the Social Security Trust Funds, 2017 ...................................................... 14

Table 4. Number and Share of Nonelderly Blind or Disabled SSI Recipients Terminated

and the Annual Termination Rate, by Age Group and Reason for Termination, 2016 ............... 25

Table 5. Calculating a SSI Payment .............................................................................................. 28

Table 6. Average and Total Monthly Payment Amounts of SSI Recipients, by Type of

Payment and Age Group, December 2017 ................................................................................. 30

Table 7. Number of Concurrent Disability Beneficiaries Aged 18-64 and Average Benefit

Amount, by Type of SSDI Beneficiary, December 2016 ........................................................... 35

Table A-1. Comparison of the SSDI and SSI Programs ................................................................ 54

Appendixes

Appendix A. Side-by-Side of SSDI and SSI ................................................................................. 54

Appendix B. Certain Other Benefits Available to SSDI Beneficiaries and SSI Disability

Recipients ................................................................................................................................... 55

Contacts

Author Contact Information .......................................................................................................... 59

Congressional Research Service

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Introduction

The Social Security Administration (SSA) is responsible for administering two federal

entitlement programs that provide income support to individuals with severe, long-term

disabilities: Social Security Disability Insurance (SSDI) and Supplemental Security Income

(SSI).1 SSDI is a work-related social insurance program that provides monthly cash benefits to

nonelderly disabled workers and their eligible dependents, provided the workers accrued a

sufficient number of earnings credits during their careers in jobs subject to Social Security taxes.

In contrast, SSI is a need-based public assistance program that provides monthly cash payments

to aged, blind, or disabled individuals (including blind or disabled children) who have limited

assets and little or no Social Security or other income. Both programs use the same basic

definition of disability to determine eligibility; however, by virtue of design, each program serves

a somewhat different population. In 2017, SSDI and SSI combined paid an estimated $199 billion

in federally administered benefits to 14.5 million qualified disabled individuals and 1.5 million

non-disabled dependents of disabled workers.2

This report discusses the rules and processes used to determine eligibility for SSDI and SSI. It

also explains how benefit amounts are computed, the types of non-cash benefits available to

individuals who meet SSA’s disability standards, and how each program is financed. For a quick

overview of SSDI and SSI, see CRS In Focus IF10506, Social Security Disability Insurance

(SSDI), and CRS In Focus IF10482, Supplemental Security Income (SSI).

Social Security Disability Insurance (SSDI)

Old-Age, Survivors, and Disability Insurance (OASDI), commonly known as Social Security, is a

federal social insurance program established under Title II of the Social Security Act that provides

workers and their families with a measure of protection against the loss of income due to the

worker’s retirement, disability, or death.3 Workers obtain insurance protection by working for a

sufficient number of years in jobs where their earnings are subject to Social Security taxes and

therefore are creditable for program purposes. Social Security is financed largely on a pay-asyou-go basis, which means that payroll and self-employment tax contributions from current

workers, their employers, and self-employed individuals are used to make monthly benefit

payments to today’s beneficiaries. In 2017, an estimated 173 million people (or about 94% of all

workers) worked in paid employment or self-employment covered by Social Security, and the

program paid monthly benefits to approximately 62 million beneficiaries (Figure 1).4

The SSDI component of the program, which was enacted in 1956 and implemented in 1957,

provides monthly benefits to statutorily disabled workers who are under Social Security’s full

retirement age (FRA) and to their eligible spouses, divorced spouses, minor children, student

children, and disabled adult children. The Old-Age and Survivors Insurance (OASI) component

1

See 2 U.S.C. §622 for the definition of entitlement authority.

Estimates calculated by the Congressional Research Service (CRS) based on a variety of data sources available on the

Social Security Administration’s (SSA) website. For purposes of these estimates, the term Social Security Disability

Insurance (SSDI) includes Social Security disability beneficiaries whose benefits are paid from the Old-Age and

Survivors Insurance (OASI) trust fund. In addition, the term qualified disabled individuals excludes SSI-only recipients

aged 65 or older. Congressional clients may contact the author for the specific methodology used in the calculations.

3

42 U.S.C. §§401 et seq. See CRS Report R42035, Social Security Primer.

4

SSA, Office of Legislation and Congressional Affairs (OLCA), 2018 Social Security/SSI/Medicare Information,

February 15, 2018, https://www.ssa.gov/legislation/2018%20Fact%20Sheet.pdf.

2

Congressional Research Service

1

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

of Social Security also provides benefits to eligible disabled dependents of retired workers and to

eligible survivors of deceased beneficiaries and deceased insured workers. Although these

individuals are not technically disability insurance beneficiaries, they are often included in the

term SSDI, because they receive Social Security benefits due to a qualifying impairment. In

December 2017, the SSDI component of Social Security paid benefits to 10.4 million individuals,

including 8.7 million disabled workers and 1.7 million of their dependents.5 That same month, the

OASI component paid benefits to 1.2 million OASI disability beneficiaries.6

Figure 1. Social Security Beneficiaries, by Type, December 2017

Source: Congressional Research Service (CRS), based on Social Security Administration (SSA), Office of the

Chief Actuary (OCACT), “Benefits Paid by Type of Beneficiary,” https://www.ssa.gov/oact/ProgData/icp.html.

Notes: Subtotals may not sum to totals due to rounding. The term other auxiliaries refers to non-disabled

dependents and survivors under the Old-Age and Survivors Insurance (OASI) component of the program.

Eligibility Requirements for Disabled Workers

To qualify for SSDI, disabled workers must (1) be insured in the event of disability, (2) be under

Social Security’s FRA, (3) have a qualifying impairment (see the “Definition of Disability”

section of this report), and (4) have filed an application for benefits.7

Disability-Insured Status

Workers become insured for Social Security by acquiring a certain number of quarters of

coverage (QCs) during their careers in paid employment or self-employment covered by Social

Security. A worker’s job is considered covered if the services performed in that job or net

earnings derived by the individual result in wages or net earnings from self-employment income

that are taxable and creditable for insured status and benefit computation purposes. In 2018,

workers receive one QC for each $1,320 in covered earnings, up to the maximum of four QCs per

5

SSA, Office of the Chief Actuary (OCACT), “Benefits Paid by Type of Beneficiary,” https://www.ssa.gov/oact/

ProgData/icp.html.

6

Ibid.

7

Section 223(a) of the Social Security Act; 42 U.S.C. §423(a).

Congressional Research Service

2

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

year, regardless of when the money is earned.8 Thus, if a worker earns $5,280 in covered wages

or net earnings from self-employment income during the first week of January 2018, then he or

she would be credited with the maximum number of QCs for the calendar year. The amount of

earnings needed for one QC is adjusted annually for average earnings growth in the national

economy, as measured by SSA’s Average Wage Index (AWI).9 Requiring individuals to have

earned a certain number of QCs to qualify for cash benefits ensures that such individuals

contribute a minimum amount to the insurance system via payroll and self-employment taxes on

each QC’s worth of covered earnings.

To be insured in the event of disability, known as disability insured, covered workers must be

both fully insured for Social Security and meet a recency-of-work requirement. To be fully

insured for SSDI, covered workers must have at least one QC for each calendar year after they

turned 21 years old and before the year they became disabled.10 The minimum number of QCs for

fully insured status is six for the youngest workers (or 1.5 years of covered work); the minimum

number of QCs needed for workers aged 62 or older is 40 (or 10 years of covered work). In

effect, individuals must have worked in covered employment or self-employment for about a

quarter of their adult lives to be fully insured.

To meet the recency-of-work requirement, disabled workers generally need QCs during the 40quarter period immediately before the onset of the disability.11 In other words, individuals must

have worked in covered employment or self-employment for five of the 10 years before

becoming disabled. However, workers under 31 years old may meet the recency-of-work

requirement with fewer QCs based on their age.12 In 2017, SSDI provided disability insurance

coverage to 154 million workers, with about 89% of covered workers aged 21-64 insured for

SSDI.13

Under the Full Retirement Age (FRA)

An insured worker must also be under Social Security’s FRA to be entitled to SSDI, which for

workers born from 1943 through 1954 is age 66.14 FRA is the age at which unreduced Social

Security retired-worker benefits are first payable. Upon attaining FRA, disabled workers are

automatically transitioned from disabled-worker benefits (or SSDI) to retired-worker benefits (or

OASI); however, this change generally does not affect the amount of Social Security benefits paid

to them or their dependents. Under current law, Social Security’s FRA increases in two-month

increments for workers born from 1955 through 1959 until reaching the age of 67 for workers

born in 1960 or later. SSDI is not available to workers who have already attained FRA.

8

SSA, OCACT, “Quarter of Coverage,” https://www.ssa.gov/oact/cola/QC.html.

SSA, OCACT, “National Average Wage Index,” https://www.ssa.gov/oact/cola/AWI.html.

10

Section 214(a) of the Social Security Act; 42 U.S.C. §414(a). See also 20 C.F.R. §404.110.

11

Section 223(c)(1) of the Social Security Act; 42 U.S.C. §423(c)(1). See also 20 C.F.R. §404.130.

12

Workers aged 24-30 need quarters of coverage (QCs) in at least one-half of the quarters in the period beginning with

the quarter after the quarter they attained the age of 21 and ending in the quarter in which their disability began.

Workers under 24 years old need at least six QCs in the 12-quarter period ending with the quarter in which they

became disabled. Blind workers are exempt from the recency-of-work requirement. Special rules apply to individuals

who become disabled again at age 31 or older after having had a prior period of disability established which began

before age 31. See SSA, How You Earn Credits, January 2018, https://www.ssa.gov/pubs/EN-05-10072.pdf.

13

SSA, OCACT, “Disability Insured Workers,” https://www.ssa.gov/OACT/STATS/table4c2DI.html, See also SSA,

OCACT, “Social Security Program Fact Sheet,” March 1, 2018, https://www.ssa.gov/oact/FACTS/.

14

Section 216(l) of the Social Security Act; 42 U.S.C. §416(l).

9

Congressional Research Service

3

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Eligibility Requirements for Dependents and Survivors

In addition to the disabled worker’s own benefit, SSDI provides benefits to certain family

members of the worker. Social Security pays benefits to family members because workers with

one or more dependents are presumed to have greater financial need when they retire, become

disabled, or die than similarly situated workers who are single. The OASI component also

provides benefits to eligible disabled dependents of retired workers and to eligible survivors of

deceased insured workers. The term deceased insured workers includes deceased individuals who

received Social Security retired or disabled-worker benefits and non-beneficiary workers who

were insured for Social Security at the time of their deaths.

SSDI Spouses

Validly married spouses of disabled workers qualify for benefits if they (1) are aged 62 or older or

are any age and have an eligible child in their care who is under the age of 16 or disabled, (2) are

not entitled to a retired or disabled-worker benefit equal to or larger than the spousal benefit, and

(3) have filed an application for benefits.15 Spouses also must have been married to the worker for

at least one continuous year immediately before the day on which the claimant’s application is

filed.16 This provision is known as a duration-of-marriage requirement.

Divorced spouses of disabled workers may qualify if they (1) are aged 62 or older, (2) are

unmarried unless the remarriage occurred after attainment of age 60 or age 50 and the claimant

was entitled to disabled widow(er)’s benefits, (3) are not entitled to a retired or disabled-worker

benefit equal to or larger than the spousal benefit, and (4) have filed an application for benefits.17

Divorced spouses must have been married to the worker for at least 10 years immediately before

the date the divorce became final.18

SSDI Minor Children

Eligible minor children of disabled workers qualify for benefits if they (1) are unmarried, (2) are

under the age of 18, and (3) have filed an application for benefits.19 An eligible child is the

natural (i.e., biological) child, adopted child, stepchild, equitably adopted child, grandchild, or

step-grandchild of the insured worker on whose earnings record the claim is based.20 For certain

child claims, such as those involving stepchildren, an explicit dependency requirement must be

met, which generally involves the insured worker providing evidence that the child is living with

15

Section 202(b) and 202(c) of the Social Security Act; 42 U.S.C. §402(b) and 402(c). See also 20 C.F.R. §404.330.

Section 216(b)(2) and 216(f)(2) of the Social Security Act; 42 U.S.C. §416(b)(2) and 416(f)(2). See also 20 C.F.R.

§404.330(a)(1). To determine the validity of the marriage, SSA looks to the laws of the state (as interpreted by the

courts of that state) in which the insured worker is domiciled at the time of application. Alternatively, the relationship

requirement is met if, under state intestate law, the applicant would be able to inherit a wife’s or husband’s share of the

insured worker’s personal property if the insured worker were to die without leaving a will.

17

Section 202(b) and 202(c) of the Social Security Act; 42 U.S.C. §402(b) and 402(c). See also 20 C.F.R. §404.331.

18

Section 216(d) of the Social Security Act; 42 U.S.C. §416 (d). See also 20 C.F.R. §404.331.

19

Section 202(d)(1)(B)(i) of the Social Security Act; 42 U.S.C. §402(d)(1)(B)(i). See also 20 C.F.R. §404.350.

20

Section 216(e) and 216(h) of the Social Security Act; 42 U.S.C. §416(e) and 416(h). See also 20 C.F.R. §§404.354404.359. In determining a child’s relationship to an insured worker, SSA looks to the laws of the state (as interpreted

by the courts of that state) in which the parent is domiciled at the time of application. A child may qualify as an insured

worker’s child for purposes of entitlement to child’s insurance benefits if he or she would inherit the parent’s personal

property under state intestate law.

16

Congressional Research Service

4

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

the worker or is receiving at least one-half of his or her support from the worker.21 Otherwise, the

child is presumed to be dependent on the insured worker for his or her support. For more

information on the rules governing a child’s status for purposes of SSDI entitlement, see “GN

00306.001 Determining Status as Child,” in SSA’s policy manual, the Program Operations

Manual System (POMS).22

SSDI Student Children

Eligible student children of disabled workers qualify for benefits if they (1) are unmarried, (2) are

aged 18-19, (3) are a full-time student at an elementary or secondary school, and (4) have filed an

application for benefits.23 To be considered a full-time student, the child’s scheduled attendance

must generally be at the rate of at least 20 hours per week (certain exceptions apply).24 Benefits

usually continue until the child graduates or until two months after the child attains the age of 19,

whichever occurs first. (Social Security benefits for students aged 18-21 enrolled in postsecondary education [i.e., college] were phased out during the 1980s.)

SSDI Disabled Adult Children

Eligible disabled adult children of disabled workers qualify for benefits if they (1) are unmarried,

(2) are aged 18 or older, (3) have a qualifying impairment that began before they attained the age

of 22, and (4) have filed an application for benefits.25 Disabled adult children (DACs) are also

called Childhood Disability Beneficiaries (CDB) by SSA. DAC beneficiaries must meet same the

disability standard as disabled workers (discussed later in this report). Although DAC

beneficiaries must generally be unmarried to be entitled to benefits, the law provides that they

may marry other DAC beneficiaries, along with most other types of Social Security

beneficiaries.26 This exception does not apply if the marriage was to a minor or student Social

Security beneficiary or to a SSI-only recipient.

OASI Disabled Widow(er)s

Disabled surviving spouses of deceased insured workers qualify for benefits if they (1) are at least

50 years of age but not yet 60 years of age, (2) are unmarried unless the remarriage occurred after

attainment of age 50 and the claimant was disabled at the time of the remarriage, (3) are not

entitled to a retired-worker benefit equal to or larger than the divorced spousal benefit, (4) have a

qualifying impairment that began within seven years of the insured worker’s death or within

seven years of a previous entitlement to such benefits, and (5) have filed an application for

benefits.27

The disabled surviving spouse must also have married to the worker for at least nine months. The

duration-of-marriage requirement may be waived, however, if the worker was reasonably

21

20 C.F.R. §§404.360-404.366.

SSA, Program Operations Manual System (POMS), “GN 00306.001 Determining Status as Child,” August 30, 2016,

https://secure.ssa.gov/poms.nsf/lnx/0200306001.

23

Section 202(d)(1)(B)(i) of the Social Security Act; 42 U.S.C. §402(d)(1)(B)(i). See also 20 C.F.R. §404.350.

24

20 C.F.R. §404.367.

25

Section 202(d)(1)(B)(ii) of the Social Security Act; 42 U.S.C. §402(d) (1)(B)(ii). See also 20 C.F.R. §404.350.

26

Section 202(d)(5) of the Social Security Act; 42 U.S.C. §402(d)(5). See also 20 C.F.R. §404.352(b)(4).

27

Section 202(e) and 202(f) of the Social Security Act; 42 U.S.C. §402(e) and 402(f). See also 20 C.F.R. §§404.335404.336.

22

Congressional Research Service

5

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

expected to live for nine months at the time of the marriage and (1) the worker’s death was

accidental, (2) the worker’s death was in the line of duty while he or she was a member of a

military serving on active duty, or (3) the claimant was married to the worker for at least nine

months as a result of a previous marriage.28 Disabled divorced surviving spouses may qualify if

they were married to the deceased insured worker for at least 10 years immediately before the

date the divorce became final.29 As with disabled adult children, disabled widow(er)s must meet

same the disability standard as disabled workers.

OASI Disabled Adult Children

Eligible disabled adult children of retired or deceased insured workers qualify for benefits if they

(1) are unmarried, (2) are aged 18 or older, (3) have a qualifying impairment that began before

they attained the age of 22, and (4) have filed an application for benefits.30 (The same provisions

governing SSDI DAC beneficiaries also govern OASI DAC beneficiaries.) Unlike most types of

Social Security beneficiaries, there is no maximum age limit for disabled adult children. In

December 2016, there were 11,260 DAC beneficiaries aged 80 or older, all of whom were

dependents or survivors of retired or deceased insured workers.31

Termination Events

In general, disabled workers continue to receive SSDI benefits until they (1) die, (2) attain FRA,

(3) no longer meet the statutory definition of disability (i.e., medically improve), or (4) return to

work (i.e., have monthly earnings that exceed certain thresholds discussed later in this report). In

2016, the SSDI termination rate—the ratio of disabled-worker terminations to the average

number of disabled-worker beneficiaries during the year—was 9.3% (Table 1). The majority of

disabled-worker terminations in 2016 were due to attainment of FRA.

Table 1. Number and Share of Disabled Workers Terminated from SSDI and the

Annual Termination Rate, by Reason for Termination, 2016

Terminations

Reason for Termination

Total

Number

Share

Termination Rate

820,372

100.0%

9.3%

Attainment of Full Retirement Age (FRA)

470,320

57.3

5.3

Death of Beneficiary

251,492

30.7

2.8

Return to Work

47,887

5.8

0.5

Medical Improvement

37,623

4.6

0.4

Other

13,050

1.6

0.1

28

Section 216(k) of the Social Security Act; 42 U.S.C. §416(k). See also 20 C.F.R. §404.335(a).

Section 216(d)(2) and 216(d)(5) of the Social Security Act; 42 U.S.C. §416(d)(2) and 416(d)(5). See also 20 C.F.R.

§404.336(a)(2).

30

Section 202(d)(1)(B)(ii) of the Social Security Act; 42 U.S.C. §402(d) (1)(B)(ii). See also 20 C.F.R. §404.350.

31

SSA, Office of Research, Evaluation, and Statistics (ORES), Annual Statistical Supplement, 2017, March 2018,

Table 5.A1.4, https://www.ssa.gov/policy/docs/statcomps/supplement/ (hereinafter “2017 Annual Statistical

Supplement”).

29

Congressional Research Service

6

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Source: Congressional Research Service (CRS), based on the following data sources: Social Security

Administration (SSA), Office of Research, Evaluation, and Statistics (ORES), Annual Statistical Report on the Social

Security Disability Insurance Program, 2016, October 2017, Table 50, https://www.ssa.gov/policy/docs/statcomps/

di_asr/2016/sect03f.html#table50; and SSA, Office of the Chief Actuary (OCACT), “Benefits Paid by Type of

Beneficiary,” https://www.ssa.gov/oact/ProgData/icp.html.

Notes: The term termination rate is the ratio of the number of terminations to the average number of disabledworker beneficiaries during the year. In 2016, the average number of disabled-worker beneficiaries was

8,862,068. The term return to work means that the disabled worker’s termination was due to monthly earnings

above the substantial gainful activity (SGA) threshold, which in 2016 was $1,130 per month for most workers.

With the exception of certain divorced spouses, receipt of SSDI dependents’ benefits is linked to

the disabled worker’s entitlement to Social Security. If a disabled worker’s benefits are

terminated, benefits payable on his or her earnings record are also generally terminated.

Dependents and survivors who no longer meet the relevant entitlement factors are terminated

from the rolls as well.32

Cash Benefits

Social Security Benefit Formula

Initial monthly Social Security benefits are based on an insured worker’s creditable, careeraverage earnings in Social Security-covered employment or self-employment. The Social

Security benefit formula is progressive, replacing a greater share of career-average earnings for

low-wage or intermittent workers than for high-wage workers. In computing the initial benefit

amount, a worker’s annual taxable earnings are indexed (i.e., adjusted) to reflect changes in

national earnings levels over his or her career, up to the second calendar year before the year of

eligibility (i.e., the year a worker attains age 62, becomes disabled, or dies).33 Next, years with the

highest earnings in the applicable computation period are summed and then divided over the

number of months in that period to produce the worker’s average indexed monthly earnings

(AIME).34 A formula is then applied to the worker’s AIME to compute the primary insurance

amount (PIA), which is the worker’s basic benefit before any adjustments are made. In 2018, the

PIA is determined using the following formula:

90% of the first $895 of AIME, plus

32% of AIME over $985 and through $5,397 (if any), plus

15% of AIME over $5,397 (if any).35

The dollar amounts used in this formula are adjusted annually for average earnings growth in the

national economy, as measured by the AWI. The worker’s PIA is subsequently adjusted to

account for inflation through cost-of-living adjustments (COLAs), as measured by the Consumer

Price Index for Urban Wage Earners and Clerical Workers (CPI-W).36

32

For termination data on SSDI dependents and OASI disability beneficiaries, SSA, ORES, Annual Statistical Report

on the Social Security Disability Insurance Program, 2016, October 2017, Table 50, https://www.ssa.gov/policy/docs/

statcomps/di_asr/2015/index.html (hereinafter “2016 SSDI Annual Report”).

33

CRS Report R43542, How Social Security Benefits Are Computed: In Brief. Earnings in years after the indexing year

are counted at their actual value.

34

Up to five of the worker’s lowest-earning years are dropped from the computation.

35

SSA, OCACT, “Benefit Formula Bend Points,” https://www.ssa.gov/oact/cola/bendpoints.html.

36

CRS Report 94-803, Social Security: Cost-of-Living Adjustments. Pursuant to the Department of the Treasury’s 2010

rule (75 Federal Register 80315), all federal benefit payments must be made via electronic funds transfer (ETF), unless

(continued...)

Congressional Research Service

7

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Spouses and dependent children of disabled workers each receive up to 50% of the worker’s basic

benefit amount (i.e., the PIA). These supplementary benefits effectively increase the worker’s

overall replacement rate—the ratio of benefits received to the worker’s previous earnings—to

account for additional expenses associated with each dependent. Benefits for dependents are less

than the worker’s own benefit because a family is assumed to have economics of scale.

Disabled widow(er)s receive up to 71.5% of a deceased worker’s PIA. Disabled adult children of

retired workers receive up to 50% of the worker’s PIA, and disabled adult children of deceased

insured workers receive up to 75% of the worker’s basic benefit. Initial benefits for survivors are

higher than benefits for dependents because a family of a deceased worker experiences a

complete loss of that worker’s earnings, whereas a family of a retired or disabled worker is

compensated partially through the worker’s own Social Security benefit.

Maximum Family Benefit Limits

Monthly benefits for retired or disabled workers and their eligible family members and for

survivors of deceased insured workers are subject to family maximum provisions, which limit the

total amount of benefits that can be paid on a worker’s earnings record. Therefore, a dependent’s

or survivor’s payable benefit amount may be less than the maximum share of the worker’s PIA

for that type of benefit. The family maximum for a disabled worker is the smaller of (1) 85% of

the worker’s AIME (or 100% of the PIA if larger) or (2) 150% of the PIA.37 If the total amount of

all family benefits exceeds the maximum amount, then the benefit of each family member (other

than the worker) is reduced proportionately. In December 2016, 27% of all disabled-worker

families were receiving maximum family benefits.38 A different family maximum formula applies

to OASI disability beneficiaries.39

Workers’ Compensation and Public Disability Benefit (WC/PDB) Offset

Disabled workers who also receive workers’ compensation (WC) or certain other public disability

benefits (PDB) may have their SSDI benefits reduced.40 The Social Security Act contains a

provision that reduces the SSDI benefits of disabled workers whose combined disability benefits

from SSDI and WC/PDB exceed 80% of their average earnings prior to the onset of disability.41

PDBs do not include disability compensation or pension benefits administered by the Department

of Veterans Affairs (VA), disability benefits based on need (e.g., SSI, state or local general

assistance [GA]), disability payments made to public employees based on employment covered

by Social Security (except for WC), or wholly private pensions or private disability insurance

benefits.42 The purpose of this provision is to reduce the attractiveness of SSDI benefits for

concurrently eligible individuals who could otherwise remain in the labor force. The WC/PDB

(...continued)

the individual can demonstrate hardship due to age, mental impairment, or geographic location. Social Security

beneficiaries receive their payments by direct deposit, either to a bank account or to a Direct Express® card account.

37

Section 203(a)(6) of the Social Security Act; 42 U.S.C. §403(a)(6). See also 20 C.F.R. §404.403d-1.

38

2016 SSDI Annual Report, Table 30.

39

Section 203(a)(1) of the Social Security Act; 42 U.S.C. §403(a)(1). See also 20 C.F.R. §404.403(d) and SSA,

OCACT, “Formula for Family Maximum Benefit,” https://www.ssa.gov/oact/cola/familymax.html.

40

CRS Report R44580, Workers’ Compensation: Overview and Issues.

41

Section 224 of the Social Security Act; 42 U.S.C. §424a. See also 20 C.F.R. §404.408 and SSA, How Workers’

Compensation and Other Disability Payments May Affect Your Benefits, https://www.ssa.gov/pubs/EN-05-10018.pdf.

42

Section 224(a)(2)(B) of the Social Security Act; 42 U.S.C. §424a(A)(2)(B). See also 20 C.F.R. §404.408(b).

Congressional Research Service

8

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

offset no longer applies once the disabled worker attains FRA and converts to retired-worker

benefits.43 In 17 states and the Commonwealth of Puerto Rico, the direction of the offset is

reversed, resulting in a reduction in the WC or PDB payment instead of the SSDI benefit.44 In

December 2016, approximately 5.2% of disabled workers were eligible for WC or PDB

payments, and about 1.2% of disabled workers were subject to the WC/PDB offset.45

Average and Total Monthly Benefit Levels

In December 2017, the average monthly SSDI benefit was $1,197 for disabled workers, which on

an annualized basis was $14,364 (Table 2).46 The average monthly benefit for SSDI dependents

ranged from $335 to $499. That month, SSDI paid out over $11 billion in benefits. For OASI

disability beneficiaries, the average benefit that month was $800, and total monthly benefits were

$992 million.

Table 2. Average and Total Monthly Benefit Amounts of SSDI and OASI Disability

Beneficiaries, by Type of Beneficiary, December 2017

Type of Beneficiary

Number of

Beneficiaries

Average

Monthly

Benefit

Estimated Total

Monthly Benefits

(in thousands)

Social Security Disability Insurance (SSDI)

Disabled Workers

8,695,475

$1,197

$10,407,353

126,154

335

42,315

Minor Children of Disabled Workers

1,418,446

351

497,761

Student Children of Disabled Workers

47,920

499

23,898

Disabled Adult Children of Disabled Workers

123,257

493

60,782

10,411,252

$1,060

$11,032,075

Disabled Widow(er)s

258,286

729

188,404

Disabled Adult Children of Retired Workers

319,162

696

222,255

Disabled Adult Children of Deceased Workers

662,986

877

581,419

1,240,416

$800

$992,063

Spouses of Disabled Workers

Total

Old-Age and Survivors Insurance (OASI)

Total

Source: CRS, based on SSA, OCACT, “Benefits Paid by Type of Beneficiary,” https://www.ssa.gov/oact/

ProgData/icp.html.

Notes: Average and total monthly benefit amounts are rounded to the nearest whole dollar. Total monthly

benefits are derived by multiplying the number of beneficiaries by the unrounded average benefit amount. These

estimates are nearly identical to the rounded total monthly benefit data reported in Table 2 of SSA’s “Monthly

Statistical Snapshot.” Estimated data are used because the snapshot does not provide data for the same

beneficiary categories used in this report.

43

Section 201 of the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act; Division B of P.L.

113-295) increased the age at which the offset no longer applies from 65 years old to full retirement age (FRA).

44

SSA, POMS, “DI 52105.001 Reverse Offset Plans,” February 12, 2018, http://policy.ssa.gov/poms.nsf/lnx/

0452105001. The reverse offset also applies to railroad sickness pensions administered by the Railroad Retirement

Board (RRB).

45

2016 SSDI Annual Report, Tables 1 and 31.

46

SSA, OCACT, “Benefits Paid by Type of Beneficiary,” https://www.ssa.gov/oact/ProgData/icp.html.

Congressional Research Service

9

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

When SSDI Benefits Start (The Five-Month Waiting Period)

For disabled workers47 and disabled widow(er)s,48 entitlement to cash benefits begins five full

consecutive calendar months after their disability onset date. This requirement is known as the

five-month waiting period. The onset date is the first day that a claimant meets the definition of

disability under Title II of the Social Security Act in addition to all relevant entitlement factors. If

SSA establishes an onset date after the first day of the month, the five-month waiting period starts

on the first day of the following month. For example, if a claimant’s onset date were April 11, the

waiting period would begin on May 1 and would end on September 30. Benefits would first be

payable for the month of October, which is the sixth full month after the disability onset date.

Because SSA pays Social Security benefits in the month following the month for which they are

due, the individual would receive October’s payment on one of several possible payment dates in

November (i.e., the seventh month after the onset of disability).49

Exceptions to the Five-Month Waiting Period for Cash Benefits

Disabled adult children are not subject to the five-month waiting period; their entitlement to

benefits begins the month after their disability onset date, provided they meet all other entitlement

factors.50 In addition, former disabled workers do not have to serve a new waiting period if they

become disabled again within 60 months (or five years) after their previous entitlement to cash

benefits or period of disability ended.51 A similar provision applies to disabled widow(er)s who

become disabled again before age 60, and the new period of disability began within 84 months

(or seven years) of the month they were last entitled to disabled-widow(er) benefits.52

Furthermore, disabled widow(er)s may count months of eligibility for SSI or federally

administered state supplementary payments (discussed later in this report) toward the five-month

waiting period.53 Under current law, there are no exceptions to the five-month waiting period for

claimants with specific medical conditions, even those considered terminal.

Retroactive Benefits

SSDI provides retroactive benefits for up to 12 months immediately before the month the

disabled worker files an application, provided the worker met all other entitlement factors prior to

the filing date. Because of the five-month waiting period for cash benefits, the earliest effective

date for a SSDI application can be no more than 17 months before the month in which the

47

Section 223(a)(1) and 223(c)(2) of the Social Security Act; 42 U.S.C. §423(a)(1) and 423(c)(2).

Section 202(e)(1)(F)(i), 202(e)(5)(A), 202(f)(1)(F)(i), and 202(f)(5)(A) of the Social Security Act; 42 U.S.C.

§402(e)(1)(F)(i), 402(e)(5)(A), 402(f)(1)(F)(i), and 402(f)(5)(A).

49

See 20 C.F.R. §404.1807 and SSA, “Schedule of Social Security Payments,” https://www.ssa.gov/pubs/calendar.htm.

50

There is no statutory exception to the five-month waiting period for disabled adult children. Section 202(d) of the

Social Security Act (42 U.S.C. §402[d]) simply does not require claimants to serve a waiting period to be entitled to

child’s insurance benefits due to a disability. In the case of disabled adult child of a disabled worker, the disabled adult

child’s benefits start only after the disabled worker has satisfied the five-month waiting period requirement and is

entitled to disabled-worker benefits.

51

Section 223(a)(1) of the Social Security Act; 42 U.S.C. §423(a)(1). See also 20 C.F.R. §404.315(a)(4).

52

Sections 202(e)(4)(C), 202(e)(5)(A)(ii)(II), 202(f)(4)(C), and 202(f)(5)(A)(ii)(II) of the Social Security Act; 42

U.S.C. §§402(e)(4)(C), 402(e)(5)(A)(ii)(II), 402(f)(4)(C), and 402(f)(5)(A)(ii)(II). See also 20 C.F.R. §§404.335(c)(2)

and 404.336(c)(2).

53

Section 202(e)(5)(B) and 202(f)(5)(B) of the Social Security Act; 42 U.S.C. §402(e)(5)(B) and 402(f)(5)(B). See also

20 C.F.R. §§404.335(c)(3) and 404.336(c)(3).

48

Congressional Research Service

10

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

application is filed.54 The retroactivity provision was established because an early study of the

program found that a large share of claimants did not file for benefits in the first month for which

they were eligible. Retroactive benefits should not be confused with past-due benefits, which

include both retroactive benefits and benefits owed to claimants for months in which they met all

relevant entitlement factors in or after the month of application.

Medicare

In addition to cash benefits, Social Security disability beneficiaries (i.e., disabled workers,

disabled widow[er]s, and disabled adult children) qualify for health coverage under Medicare.55

Established under Title XVIII of the Social Security Act, Medicare is a federal social insurance

program that pays for covered health care services for most individuals aged 65 or older, the

majority of Social Security disability beneficiaries and railroad disability annuitants under 65

years old, and certain other individuals who have qualifying impairments.56 (Medicare is not

provided to non-disabled dependents under 65 years old.) As with Social Security, workers earn

Medicare coverage by working and paying taxes for a sufficient number of years in covered

employment or self-employment. For most individuals, entitlement to Medicare is linked to

entitlement to Social Security benefits. Social Security disability beneficiaries under 65 years old

are provided Medicare because they generally have medical conditions that require significant

health care resources. However, many beneficiaries are often unable to work enough to gain

health insurance through an employer or to pay for such insurance on their own. In 2013, annual

Medicare spending per disabled beneficiary under 65 years old was about $12,776.57

24-Month Waiting Period

Social Security disability beneficiaries under the age of 65 are entitled to Medicare after 24

months of entitlement to cash benefits.58 This requirement is known as the 24-month waiting

period. After factoring in the five-month waiting period for cash benefits, disabled workers and

disabled widow(er)s typically become entitled to Medicare 29-full calendar months after their

disability onset date (i.e., the first day of the 30th full month following disablement). For example,

if a claimant’s onset date were January 11, 2016, the five-month waiting period for cash benefits

would be February 2016 through June 2016, with entitlement to cash benefits beginning July

2016. The claimant would become entitled to Medicare on July 1, 2018, which is the first day of

the 25th month of disability benefit entitlement. Disabled adult children are not subject to the fivemonth waiting period for cash benefits and therefore generally become entitled to Medicare 24

full calendar months after the onset of disability. Due in part to the 24-month waiting period, only

68% of all disabled beneficiaries under 65 years old reported entitlement to Medicare in 2016.59

54

Sections 202(e)(5)(A), 202(f)(5)(A), and 223(c)(2) of the Social Security Act; 42 U.S.C. §§402(e)(5)(A),

402(f)(5)(A), and 423(c)(2). See also 20 C.F.R. §§404.315(a)(4), 404.335(c)(2), and 404.336(c)(2).

55

See SSA, “Medicare Information,” https://www.ssa.gov/disabilityresearch/wi/medicare.htm.

56

42 U.S.C. §§1395 et seq. For more information on Medicare, see CRS Report R40425, Medicare Primer.

57

Medicare Payment Advisory Commission (MEDPAC), A Data Book: Health Care Spending and the Medicare

Program, June 2017, p. 21, http://www.medpac.gov/docs/default-source/data-book/

jun17_databookentirereport_sec.pdf. Estimate excludes spending on individuals under 65 years old who are entitled to

Medicare on the basis of end-stage renal disease (ESRD).

58

Section 226(b)(2)(A) of the Social Security Act; 42 U.S.C. §426(b)(2)(A). See also 42 C.F.R. §406.12.

59

CRS analysis of the 2017 Current Population Survey Annual Social and Economic Supplement (CPS ASEC).

Congressional Research Service

11

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Exceptions to the 24-Month Waiting Period

General

Social Security disability beneficiaries may count months in which they were previously entitled

(or deemed entitled) to cash benefits toward the current Medicare waiting period if their previous

entitlement ended within 60 months (or five years) before the month of current onset for disabled

workers or 84 months (or seven years) before the month of current onset for disabled widow(er)s

and disabled adult children.60 Disability beneficiaries who meet the criteria above and were

previously entitled to Medicare do not have to serve a second waiting period for Medicare,

because they received cash benefits for at least 24 months during their previous period of

disability benefit entitlement and therefore have a sufficient number of months to credit toward

the new waiting period. Individuals who become disabled again after the prescribed period may

still be able to count months of previous disability benefit entitlement toward the Medicare

waiting period if their current impairment is the same, or directly related to, the impairment that

served as the basis for disability during a previous period of entitlement.61

In addition, disabled widow(er)s may count months of eligibility for SSI or federally administered

state supplementary payments (discussed later in this report) toward the Medicare waiting

period.62 It is worth noting that Social Security disability beneficiaries aged 65 or older are

entitled to Medicare on the basis of age and thus are not subject to the 24-month waiting period.63

Impairment Related

The Social Security Act specifically excludes disability beneficiaries with amyotrophic lateral

sclerosis (ALS; also known as Lou Gehrig’s Disease) from having to satisfy the 24-month waiting

period requirement.64 Most disability beneficiaries with ALS become entitled to Medicare the first

day of the month that entitlement to cash benefits begins, which for disabled workers and

disabled widow(er)s is five full calendar months after the onset of disability.

The Social Security Act also contains separate Medicare entitlement provisions for individuals

with end-stage renal disease (ESRD)65 or certain medical conditions caused by exposure to

qualifying environmental health hazards,66 meaning that individuals who meet the relevant

entitlement factors may enroll in Medicare without having to be entitled (or deemed to be

entitled) to Social Security benefits. Neither of these entitlement provisions requires eligible

individuals to satisfy a 24-month waiting period requirement, although individuals with ESRD

may have to satisfy a three-month waiting period requirement if they are on dialysis and do not

self-dialyze on a regular basis.67 Social Security disability beneficiaries who meet the

requirements specific to these separate entitlement provisions generally receive Medicare

coverage in the month they become entitled to cash benefits.

60

Section 226(f) of the Social Security Act; 42 U.S.C. §426(f). See also 42 C.F.R. §406.12(b)(1) and 406.12(b)(2).

Section 226(f) of the Social Security Act; 42 U.S.C. §426(f). See also 42 C.F.R. § 406.12(b)(3).

62

Section 226(e)(1)(B) of the Social Security Act; 42 U.S.C. §426(e)(1)(B).

63

Based on information provided to CRS by SSA on August 10, 2017.

64

Section 226(h) of the Social Security Act; 42 U.S.C. §426(h).

65

Section 226A of the Social Security Act; 42 U.S.C. § 426-1. ESRD is a stage of kidney impairment that appears to be

irreversible and permanent, requiring a regular course of dialysis treatments or a kidney transplantation to maintain life.

66

Section 1881A of the Social Security Act; 42 U.S.C. §1395rr-1. See SSA, “Libby,” https://www.ssa.gov/libby/.

67

42 U.S.C. §426-1(b) and 42 C.F.R. §406.13(e).

61

Congressional Research Service

12

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Financing

Social Security’s receipts and outlays are accounted for through two legally distinct trust funds:

the Federal Disability Insurance (DI) Trust Fund and the Federal Old-Age and Survivors

Insurance (OASI) Trust Fund. In the federal accounting structure, a trust fund is an accounting

mechanism used by the Department of the Treasury to track and report receipts dedicated for

spending on specific purposes, as well as expenditures made to its beneficiaries that are financed

by those receipts, in accordance with the terms of a statute that designates the fund as a trust fund.

The DI trust fund records receipts and outlays associated with disabled workers and their

dependents, and the OASI trust fund records receipts and outlays associated with retired workers

and their dependents as well as survivors of deceased insured workers. Administrative costs are

also drawn from the trust funds. Each trust fund is a separate account in the U.S. Treasury, and the

two funds may not borrow from one another under current law.

Social Security is financed primarily by dedicated payroll and self-employment taxes levied on

the earnings of workers in jobs covered by Social Security. Federal Insurance Contributions Act

(FICA) taxes are split evenly between employees and employers, while Self-Employment

Contributions Act (SECA) taxes are borne fully by self-employed individuals.68 The overall

Social Security payroll tax rate is 12.4% of a worker’s earnings (6.2% for employees and

employers, each), up to a maximum annual amount, which in 2018 is $128,400.69 Of the 12.4%,

2.37% is allocated to the DI trust fund and 10.03% is allocated to the OASI trust fund.70 The two

trust funds are also credited with income from the taxation of a portion of some Social Security

benefits71 and from interest earned on special-issue U.S. securities held by the trust funds for

years when receipts exceeded outlays.72

In 2017, total receipts to the Social Security trust funds were $997 billion, with $171 billion (or

17%) credited to the DI trust fund (Table 3). That same year, total outlays from the trust funds

were $952 billion, with $146 billion (or 15%) coming from the DI trust fund. The trust funds held

a combined balance of $2.9 trillion in U.S. securities at the end of 2017, with $71 billion (or 2%)

credited to the DI trust fund. In 2017, 98% of the DI trust fund’s outlays were for benefit

payments, with 1.9% for administrative expenses, and 0.1% for certain transfers.

In their 2017 report and under current law, the Social Security trustees project that the trust funds

on a hypothetical combined basis will be able to pay benefits in full and on time until 2034.73

However, as noted earlier, the two trust funds are legally distinct entities. Individually, the

trustees project that the DI trust fund will be depleted in 2028 and the OASI trust fund will be

depleted in 2035. Upon depletion, the trustees project that continuing revenues to the DI trust

fund would be sufficient to pay about 93% of benefits scheduled under law, declining to 82% by

2091.

68

26 U.S.C. §§3101, 3111, 1401, respectively.

SSA, OCACT, “Contribution and Benefit Base,” https://www.ssa.gov/oact/cola/cbb.html.

70

Section 201(a) and 201(b) of the Social Security Act; 42 U.S.C. §401(a) and 401(b). The allocation of the tax rate

between the OASI and Disability Insurance (DI) trust funds is scheduled to change in 2019. See SSA, OCACT, “Social

Security Taxes Rates,” https://www.ssa.gov/oact/progdata/oasdiRates.html.

71

Section 121(e) of the Social Security Amendments of 1983 (P.L. 98-21); 42 U.S.C. §401 note.

72

Section 201(f) of the Social Security Act; 42 U.S.C. §401(f).

73

U.S. Congress, House Committee on Ways and Means, The 2017 Annual Report of the Board of Trustees of the

Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds, 115th Cong., 1st sess., July

18, 2016, H.Doc. 115-54 (Washington: GPO, 2017), p. 3, https://www.ssa.gov/oact/tr/2017/index.html.

69

Congressional Research Service

13

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Under its June 2017 baseline and under current law, the Congressional Budget Office (CBO)

projected that the trust funds on a hypothetical combined basis would be depleted in calendar year

(CY) 2030, with the DI trust fund depleted in FY2023 and the OASI trust fund in CY2031.74

Under its April 2018 baseline, CBO now projects that the DI trust fund will be depleted in early

FY2025.75 Upon depletion, CBO projects that continuing revenues to the DI trust fund would be

sufficient to pay about 88% of benefits scheduled under law.

Table 3. Operations of the Social Security Trust Funds, 2017

(in millions of dollars)

Old-Age and Survivors

Insurance (OASI) Trust Fund

Disability Insurance

(DI) Trust Fund

Hypothetical Combined

OASDI Trust Funds

$706,505

$167,087

$873,592

Income from

Taxation of Benefits

35,877

1,973

37,850

Interest

83,231

1,888

85,119

17

3

20

$825,630

$170,951

$996,581

Benefit Payments

798,692

142,806

941,499

Administrative

Expenses

3,661

2,796

6,457

Transfers

4,316

207

4,522

Total Outlays

$806,669

$145,809

$952,478

Asset Reserves at

End of the Year

$2,820,309

$71,480

$2,891,789

Category

Receipts

Payroll Taxes

Other Income

Total Receipts

Outlays

Source: CRS, based on SSA, OCACT, “Financial Data for a Selected Time Period,” https://www.ssa.gov/oact/

ProgData/allOps.html.

Supplemental Security Income (SSI)

Established under Title XVI of the Social Security Act in 1972 and implemented in 1974, SSI is a

means-tested federal assistance program that provides monthly cash payments to the needy

individuals and couples who are aged, blind, or disabled.76 The program is intended to provide a

guaranteed minimum income to adults who have difficulty covering their basic living expenses

due to age or disability and who have little or no Social Security or other income. It is also

designed to supplement the support and maintenance of needy children who have severe

disabilities. SSI is commonly known as a program of “last resort” because claimants must first

74

See CBO, Old-Age, Survivors, and Disability Insurance Trust Funds—CBO’s June 2017 Baseline, June 2017,

https://www.cbo.gov/sites/default/files/recurringdata/51309-2017-06-trustfund.pdf.

75

CBO, The Budget and Economic Outlook: 2018 to 2028, April 9, 2018, p. 134, https://www.cbo.gov/publication/

53651. Newer projections for the OASI and hypothetical combined trust funds have not been released by CBO as of the

date of this report.

76

42 U.S.C. §§1381 et seq.

Congressional Research Service

14

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

apply for most other benefits for which they may be eligible; cash assistance is awarded only to

those whose assets and other income (if any) are within prescribed limits. The basic federal SSI

payment is the same for all recipients and is reduced by most other income that an individual

receives. Some states supplement the federal payment using state funds. In December 2017, SSA

issued federally administered payments to 8.2 million SSI recipients, including 1.2 million

children under 18 years old, 4.8 million adults aged 18-64, and 2.2 million seniors aged 65 or

older.77

As shown in Figure 2, the vast majority of SSI recipients enter the program through the disability

pathway. In other words, most individuals become eligible for SSI due to a qualifying impairment

other than blindness. Blind or disabled SSI recipients who attain age 65 continue to be classified

by SSA as blind or disabled, even though they meet the categorical requirements to be classified

as aged. To avoid confusion, this report focuses primarily on blind or disabled SSI recipients

under 65 years old.

Figure 2. SSI Recipients, by Eligibility Pathway and Age Group, December 2017

Source: CRS, based on SSA, “SSI Monthly Statistics, 2017,” January 2018, Table 2, https://www.ssa.gov/policy/

docs/statcomps/ssi_monthly/2017/index.html.

Notes: The share of blind SSI recipients is estimated based on 2016 administrative data. See SSA, Office of

Research, Evaluation, and Statistics (ORES), SSI Annual Statistical Report, 2016, Table 5, https://www.ssa.gov/

policy/docs/statcomps/ssi_asr/.

Eligibility Requirements

To qualify for SSI, a person must (1) be aged, blind, or disabled as defined in the Social Security

Act, (2) have limited income and resources, (3) meet certain other requirements, and (4) have

filed an application for payments.78

77

SSA, ORES, “SSI Monthly Statistics, 2017,” January 2018, Table 2, https://www.ssa.gov/policy/docs/statcomps/

ssi_monthly/2017/index.html.

78

20 C.F.R. §416.202.

Congressional Research Service

15

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Categorical Requirements

Public assistance programs usually limit eligibility to certain groups or categories of people who

often have difficulty providing for themselves. Under the SSI program, an individual or couple

must be aged, blind, or disabled to qualify for payments.79 Aged refers to individuals who are

aged 65 or older.80 Blind refers to individuals of any age who have central visual acuity of 20/200

or less in the better eye with the use of a correcting lens or a limitation in the fields of vision so

that the widest diameter of the visual field subtends an angle of 20 degrees or less (i.e., tunnel

vision).81 Individuals are considered disabled if they meet SSI’s age-specific definition of

disability (see the “Definition of Disability” section of this report).

Financial Requirements

In addition to meeting one of the aforementioned categories, an individual or couple must have

limited income and other financial resources. Income is defined as anything one receives in cash

or in kind that can be used to meet one’s needs for food and shelter.82 Resources are cash or other

liquid assets or any real or personal property that an individual (or spouse, if any) owns and could

convert to cash to be used for his or her support and maintenance.83 Under SSI, a person’s

countable income and resources must be within the program’s statutory limits. Because certain

income and resources are disregarded (i.e., not counted), a person may have gross income or

resources above the countable limits and still be eligible for the program. In addition to the

person’s own income and resources, the income and resources of certain ineligible family

members (such as a spouse or parent) may be deemed available to meet the needs of the person,

and as such, may be included in his or her countable income and resources.

Countable Income Limits

The limit for countable income—gross income minus all applicable exclusions—is equal to the

federal benefit rate (FBR), which is the maximum monthly SSI payment available to qualified

individuals and couples who have no other income.84 In 2018, the FBR is $750 per month for an

individual living in his or her own household and $1,125 per month for a couple living in their

own household if both members are SSI eligible.85 The FBR is adjusted annually for inflation by

the same COLA applied to Social Security benefits.86 Countable income is subtracted from the

FBR in determining eligibility for SSI and the amount of the cash payment. In general,

individuals and couples are eligible for SSI if their countable income is less than or equal to the

FBR.87 In states that have an agreement with SSA for the agency to administer their state

supplementation program (primarily California, Nevada, New Jersey, and Vermont), a person is

79

Section 1602 of the Social Security Act; 42 U.S.C. §1381a.

Section 1614(a)(1) of the Social Security Act; 42 U.S.C. §1382c(a)(1). See also 20 C.F.R. §416.202(a)(1).

81

Section 1614(a)(2) of the Social Security Act; 42 U.S.C. §1382c(a)(2). See also 20 C.F.R. §§416.202(a)(2) and

416.981.

82

20 C.F.R. §416.1102.

83

20 C.F.R. §416.1201(a).

84

Section 1611(a)(1)(A), 1611(a)(2)(A), and 1611(b) of the Social Security Act; 42 U.S.C. §1382(a)(1)(A),

§1382(a)(2)(A), and §1382(b).

85

SSA, OCACT, “SSI Federal Payment Amounts,” https://www.ssa.gov/oact/cola/SSIamts.html.

86

Section 1617 of the Social Security Act; 42 U.S.C. §1382f. See also 20 C.F.R. §416.405.

87

SSA, POMS, “SI 02301.215 Summary of Posteligibility (PE) Suspension, Stop Payment and Termination Events by

Payment Status Code (PSC),” February 18, 2016, http://policy.ssa.gov/poms.nsf/lnx/0502301215.

80

Congressional Research Service

16

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

considered eligible for SSI if his or her countable income is less than the FBR plus the amount of

the applicable federally administered state supplementary payment.

Income That is Counted

Under the SSI program, all income is counted unless excluded under federal law or, if provided in

statute, at the discretion of the Commissioner of Social Security through agency regulations or

subregulatory guidance. SSI classifies income as either earned or unearned. Earned income

includes wages, net earnings from self-employment, payments for services performed in a

sheltered workshop (now known as a Community Rehabilitation Program [CRP]), and certain

royalties and honoraria.88 Unearned income refers to all income that is not earned income (i.e.,

income not derived from current work), such as Social Security, benefits administered by the VA,

unemployment insurance (UI),89 benefits administered by the Railroad Retirement Board

(RRB),90 the individual’s share of the Temporary Assistance for Needy Families (TANF) grant,91

workers’ compensation, public or private pensions, interest income, cash from family or friends,

and in-kind support and maintenance (i.e., the value of non-cash benefits such as food or

shelter).92

Income That is Not Counted

Certain income is disregarded in determining eligibility for and the amount of assistance provided

by SSI.93 For example, the program excludes the following:

the first $20 per month of any income (earned or unearned), other than unearned

income based on need that is totally or partially funded by the federal

government or by a non-governmental agency (e.g., TANF);94

the first $65 per month of earned income plus one-half of any earnings above

$65;95

the first $30 per calendar quarter of infrequent or irregular earned income;96

the first $60 per calendar quarter of infrequent or irregular unearned income;97

food assistance provided under the Supplemental Nutrition Assistance Program

(SNAP) and the Special Supplemental Nutrition Program for Women, Infants,

and Children (WIC) program;98

88

Section 1612(a)(1) of the Social Security Act; 42 U.S.C. §1382a(a)(1). See also 20 C.F.R. §416.1110.

CRS Report RL33362, Unemployment Insurance: Programs and Benefits.

90

CRS Report RS22350, Railroad Retirement Board: Retirement, Survivor, Disability, Unemployment, and Sickness

Benefits.

91

CRS In Focus IF10036, The Temporary Assistance for Needy Families (TANF) Block Grant.

92

Section 1612(a)(2) of the Social Security Act; 42 U.S.C. §1382a(a)(2). See also 20 C.F.R. §416.1120.

93

Section 1612(b) of the Social Security Act; 42 U.S.C. §1382a(b). See also 20 C.F.R. §§416.1112, 416.1124, and the

Appendix to Subpart K.

94

Section 1612(b)(2)(A) of the Social Security Act; 42 U.S.C. §1382a(b)(2)(A). See also 20 C.F.R. §§416.1112(c)(4)

and 416.1124(c)(12).

95

Section 1612(b)(4)(A)(i), 1612(b)(4)(B)(i), 1612(b)(4)(B)(iii), and 1612(b)(4)(C) of the Social Security Act; 42

U.S.C. §1382a(b)(4)(A)(i), 1382a(b)(4)(B)(i), 1382a(b)(4)(B)(iii), and1382a(b)(4)(C). See also 20 C.F.R.

§416.1112(c)(5) and 416.1112(c)(7).

96

Section 1612(b)(3)(B) of the Social Security Act; 42 U.S.C. §1382a(b)(3)(B). See also 20 C.F.R. §416.1112(c)(5).

97

Section 1612(b)(3)(A) of the Social Security Act; 42 U.S.C. §1382a(b)(3)(A). See also 20 C.F.R. §416.1124(c)(6).

89

Congressional Research Service

17

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

energy assistance provided under the Low Income Home Energy Assistance

Program (LIHEAP);99

housing assistance provided by most federally funded housing programs;100

federal tax refunds and advanced tax credits, including the Earned Income Tax

Credit (EITC) and the child tax credit (CTC);101

assistance based on need that is funded wholly by a state or local entity;102

the first $2,000 received during a calendar year as compensation for participation

in a clinical trial involving research and testing of treatments for a rare disease or

condition;103

impairment-related work expenses (IRWEs) for disabled recipients and blind

work expenses (BWEs) for blind recipients;104 and

any income used to fulfill a plan to achieving self-support (PASS).105

For a more detailed list of unearned income exclusions, see “SI 00830.099 Guide to Unearned

Income Exclusions” in POMS.106

The $20 per month general income exclusion and the $65 per month earned income exclusion are

not indexed to inflation and have remained at their current levels since the SSI program was

enacted in 1972.

Treatment of In-Kind Support and Maintenance (ISM)

SSA defines in-kind support and maintenance (ISM) as food or shelter that a person receives from

someone else who pays for it.107 Shelter includes room, rent, mortgage payments, real property

taxes, heating fuel, gas, electricity, water, sewerage, and garbage collection services.108 ISM is

treated as unearned income subject to special rules based on a person’s living arrangement. If a

person lives throughout a month in another’s household and receives both food and shelter from

(...continued)

98

7 U.S.C. §2017(b) and 42 U.S.C. 1780(b). See also CRS Report R42505, Supplemental Nutrition Assistance

Program (SNAP): A Primer on Eligibility and Benefits, and CRS Report R44115, A Primer on WIC: The Special

Supplemental Nutrition Program for Women, Infants, and Children.

99

Section 1612(b)(13) of the Social Security Act; 42 U.S.C. §1382a(b)(13). See also 42 U.S.C. §8624(f) and 20 C.F.R.

§§416.1124(c)(2) and 416.1157. Moreover, see CRS Report RL31865, LIHEAP: Program and Funding.

100

Section 1612(b)(14) of the Social Security Act; 42 U.S.C. §1382a(b)(14). See also 20 C.F.R. §416.1124(c)(14) and

42 U.S.C. §1382 note. Moreover, see CRS Report RL34591, Overview of Federal Housing Assistance Programs and

Policy.

101

26 U.S.C. §§24 note and 6409. See also 20 C.F.R. §§416.1103(d). Moreover, see CRS Report R43805, The Earned

Income Tax Credit (EITC): An Overview, and CRS Report R41873, The Child Tax Credit: Current Law.

102

Section 1612(b)(13) of the Social Security Act; 42 U.S.C. §1382a(b)(13). See also 20 C.F.R. §416.1124(c)(2).

103

Section 1612(b)(26) of the Social Security Act; 42 U.S.C. §1382a(b)(26).

104

Section 1612(b)(4)(A)(ii) and 1612(b)(4)(B)(ii) of the Social Security Act; 42 U.S.C. §1382a(b)(4)(A)(ii) and

1382a(b)(4)(B)(ii). See also 20 C.F.R. §416.1112(c)(6) and 416.1112(c)(8).

105

Section 1612(b)(4)(A)(iii) and 1612(b)(4)(B)(iv) of the Social Security Act; 42 U.S.C. §1382a(b)(4)(A)(iii) and

1382a(b)(4)(B)(iv). See also 20 C.F.R. §§416.1112(c)(9) and 416.1124(c)(13).

106

SSA, POMS, “SI 00830.099 Guide to Unearned Income Exclusions,” April 23, 2013, https://secure.ssa.gov/apps10/

poms.nsf/lnx/0500830099.

107

SSA no longer includes clothing in the definition of in-kind support and maintenance (ISM).

108

20 C.F.R. §416.1130(b).

Congressional Research Service

18

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

others living in the household, the FBR is reduced by one third. This reduction is known as the

value of the one-third reduction (VTR) and is not rebuttable.109 In 2018, the VTR is $250 per

month for an individual ($750 x 1/3) and $375 per month for a couple ($1,125 x 1/3).110 The $20

per month general income exclusion does not apply to ISM reduced under the VTR.

However, if a person receives ISM but does not receive both food and shelter from the household

in which the individual lives (either his or her own household or the household of another), then

the FBR is reduced by the presumed maximum value (PMV) rule.111 The PMV is a regulatory cap

on ISM designed to address situations in which an individual receives ISM but is not subject to

the statutory VTR. The reduction under the PMV is equal to one-third of the FBR plus $20, which

in 2018 is $270 per month for an individual ($750 x 1/3 + $20) and $395 per month for a couple

($1,125 x 1/3 + $20). Unlike the VTR, the PMV is rebuttable. If the SSI recipient can show that

the value of food or shelter received is less than the PMV reduction, then SSA reduces the FBR

by the actual value of food or shelter received. Some ISM is disregarded, such as federal housing

assistance.112 According to SSA, only about 9% of SSI recipients have ISM reductions.113

Countable Resource (Asset) Limits

The limit for countable resources—gross resources minus all applicable exclusions—is $2,000 for

an individual and $3,000 for a couple.114 Individuals and couples are eligible for SSI if their

countable resources are less than or equal to the applicable statutory limit at any given time.115

Claimants and recipients who transfer (i.e., sell or give away) resources at less than fair market

value (FMV) may become ineligible SSI for up to 36 months.116 The look-back period for

determining if a transfer was made at less than FMV is also 36 months. Unlike the FBR, the

countable resource limits are not adjusted for inflation and have remained at their current levels

since 1989.

Resources That Are Counted

As with income, all resources are counted under the SSI program unless excluded federal law or,

if provided in statute, at the discretion of the Commissioner of Social Security through agency

regulations or subregulatory guidance. The person must have the right, authority, or power to

liquidate the property (or his or her share of the property) for the asset to be considered a

resource. Countable resources include the following:

cash retained as of the first moment of the month following the month of receipt;

109

Section 1612(a)(2)(A) of the Social Security Act; 42 U.S.C. §1382a(a)(2)(A). See also 20 C.F.R. §416.1131.

SSA, POMS, “SI 00835.901 Values for In-Kind Support and Maintenance for 2006 and Later,” January 24, 2018,

http://policy.ssa.gov/poms.nsf/lnx/0500835901.

111

20 C.F.R. §416.1140.

112

See CRS Report RL34591, Overview of Federal Housing Assistance Programs and Policy.

113

Ken Brown, In-kind Support & Maintenance in the Supplemental Security Income Program, July 12, 2016, slide 4,

http://www.ssab.gov/Portals/0/2016%20SSI%20Forum/Presentations/Ken%20Brown%20%20ISM%20Presentation.pdf?ver=2016-07-09-131547-763.

114

Section 1611(a)(3) of the Social Security Act; 42 U.S.C. §1382(a)(3). See also 20 C.F.R. §416.1205.

115

Under certain circumstances, individuals who have excess countable resources but who meet all other eligibility

requirements may receive SSI benefits for a limited period, provided they dispose of their excess resources at current

market value (CMV). See Section 1613(b) of the Social Security Act; 42 U.S.C. §1382b(b). See also 20 C.F.R.

§§416.1240-416.1245.

116

Section 1613(c) of the Social Security Act; 42 U.S.C. §1382b(c).

110

Congressional Research Service

19

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

bank savings or checking accounts;

stocks, bonds, mutual funds, and certificates of deposit;

tractors, boats, machinery, livestock, buildings, and land;

individual retirement accounts (IRAs) and 401(k) plans under certain conditions;

unrestricted health savings accounts (HSAs); and

most types of trusts established with the assets of an individual on or after

January 1, 2000.117

Resources That Are Not Counted

Certain resources are excluded in determining SSI eligibility.118 For example, the program

excludes the following:

the person’s primary residence;119

household goods and personal effects;120

one automobile used for transportation;121

property essential to self-support (PESS);122

health flexible spending arrangements (FSAs);123

resources needed to fulfill a PASS;124

federal tax refunds and advanced tax credits for a 12-month period;125

all life insurance policies on a person up to a combined face value of $1,500;126

up to $1,500 in burial funds set aside for burial expenses of the individual or the

individual’s spouse;127

special needs trusts (SNTs) or pooled trusts (PTs) that meet the requirements of

Medicaid law;128 and

117

Section 1613(e) of the Social Security Act; 42 U.S.C. §1382b(e).

Section 1613(a) of the Social Security Act; 42 U.S.C. §1382b(a). See also 20 C.F.R. §§416.1210-416.1266. Not all

resource exclusions are specified in Title XVI or in SSA regulations.

119

Section 1613(a)(1) of the Social Security Act; 42 U.S.C. §1382b(a)(1). See also 20 C.F.R. §§416.1210(a) and

416.1212.

120

Section 1613(a)(2)(A) of the Social Security Act; 42 U.S.C. §1382b(a)(2)(A). See also 20 C.F.R. §§416.1210(b) and

416.1216.

121

Section 1613(a)(2)(A) of the Social Security Act; 42 U.S.C. §1382b(a)(2)(A). See also 20 C.F.R. §§416.1210(c) and

416.1218.

122

Section 1613(a)(3) of the Social Security Act; 42 U.S.C. §1382b(a)(3). See also 20 C.F.R. §§416.1210(e) and

416.1224.

123

SSA, POMS, “SI 01120.230 Health Flexible Spending Arrangements (FSAs),” November 13, 2013,

https://secure.ssa.gov/poms.nsf/lnx/0501120230.

124

Section 1613(a)(4) of the Social Security Act; 42 U.S.C. §1382b(a)(4). See also 20 C.F.R. §§416.1210(f) and

416.1226.

125

26 U.S.C. §§24 note and 6409. See also 20 C.F.R. §§416.1210(o) and 416.1235. Moreover, see SSA, POMS, “SI

01130.676 Federal Tax Refunds and Advanced Tax Credits for SSI Resources,” August 11, 2014,

https://secure.ssa.gov/poms.nsf/lnx/0501130676.

126

Section 1613(a)(16) of the Social Security Act; 42 U.S.C. §1382b(a)(16). See also 20 C.F.R. §§416.1210(h) and

416.1230

127

Section 1613(d) of the Social Security Act; 42 U.S.C. §1382b(d). See also 20 C.F.R. §§416.1210(l) and 416.1231.

118

Congressional Research Service

20

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

the first $100,000 in an Achieving a Better Life Experience (ABLE) account.129

For a more detailed list of resource exclusions, see “SI 01130.050 Guide to Resources

Exclusions” in POMS.130

Deeming of Income and Resources from Certain Close Family Members

As a program of “last resort,” SSI expects close family members to provide support to lowincome aged, blind, and disabled individuals in determining their level of need. Specifically, the

income and resources of certain ineligible family members are deemed to be available to meet the

basic needs of eligible individuals, and as such, may be included in the individual’s countable

income or resources for purposes of determining SSI eligibility and the amount of assistance.

This process, known as deeming, is used instead of determining the amount of ISM provided by a

deemor (i.e., the ineligible family member whose income and resources are subject to deeming)

under the VTR or PMV rule. The Social Security Act specifies that deeming applies to the

following types of relationships.

Spouse-to-Spouse. An eligible individual resides in the same household with his

or her ineligible spouse.

Parent-to-Child. An eligible child under 18 years old resides in the same

household with his or her ineligible natural (i.e., biological) or adoptive parent(s)

or with his or her ineligible natural parent and the spouse of a parent (i.e., a

stepparent).

Sponsor-to-Alien. An eligible alien has a sponsor (usually a relative) who

assumes financial responsibility for him of her for purposes of the alien being

lawfully admitted to the United States.131

In determining the amount of the deemor’s income and resources available to the eligible

individual, SSA first applies the basic income and resource exclusions mentioned previously.

Next, the agency deducts from the income of the ineligible family member an allocation for his or

her living expenses, as well as an allocation for each ineligible child under 18 years old (or under

22 years old and a student) living in the household. This allocation does not apply, however, if the

ineligible family member receives public income-maintenance payments, such as TANF or VA

pensions based on need.132 In 2018, the allocation is $375 for an ineligible spouse, $375 for each

ineligible child, $750 for one ineligible parent, and $1,125 for two ineligible parents. (Different

(...continued)

128

Sections 1613(c)(1)(C)(ii), 1613(e)(5), 1917(d)(4)(A), and 1917(d)(4)(C) of the Social Security Act; 42 U.S.C.

§§1382b(c)(1)(C)(ii), 1382b(e)(5), 1396p(d)(4)(A), and 1396p(d)(4)(C).

129

26 U.S.C. §529A note. CRS In Focus IF10363, Achieving a Better Life Experience (ABLE) Programs.

130

SSA, POMS, “SI 01130.050 Guide to Resources Exclusions,” August 16, 2017, https://secure.ssa.gov/apps10/

poms.nsf/lnx/0501130050.

131

Section 1614(f) of the Social Security Act; 42 U.S.C. §1382c(f). See also 20 C.F.R. §§416.1160-416.1169 and

416.1202-416.1204a.

132

The allocation for an ineligible spouse is the difference between the federal benefit rate (FBR) for a couple and the

FBR for an individual (20 C.F.R. §416.1163[d]). (Although SSA effectively deducts an allocation equal to this amount

from the ineligible spouse’s income, the agency does not call it an allocation because the calculation process used for

ineligible spouses is different from the process used for other ineligible family members.) The allocation for each

ineligible child is the difference between the FBR for a couple and the FBR for an individual (20 C.F.R.

§§416.1163[b][1] and 416.1165[b]). In the case of an eligible child, the parental allocation is equal to the FBR for an

individual for one ineligible parent or the FBR for a couple for two ineligible parents (20 C.F.R. §416.1165[d][3]).

Congressional Research Service

21

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

income allocation rules apply to sponsors of aliens.) Finally, SSA charges the remaining

countable income of the deemor (if any) to the eligible individual’s unearned income and then

applies the normal income counting rules to determine SSI eligibility and the amount of the

payment. Under deeming, the countable resource limits are $3,000 for an eligible individual with

an ineligible spouse, $4,000 for an eligible child with one ineligible parent, $5,000 for an eligible

child with two ineligible parents, $2,000 for an alien with an unmarried sponsor, and $3,000 for

an alien with a married sponsor.133 For more information on deeming, see Virginia

Commonwealth University’s National Training and Data Center’s page titled, “Understanding the

Supplemental Security Income (SSI) Program.”134

Residency Requirements

To qualify for SSI, individuals or couples must reside in United States, which the program defines

as the 50 states, the District of Columbia, and the Commonwealth of the Northern Mariana

Islands.135 People residing in Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, or

any other territory or possession of the United State (other than the Northern Mariana Islands) are

considered to be residing outside of the United States and thus are ineligible for SSI. However,

residents of these territories may become eligible for SSI if they move to one of the 50 states, the

District of Columbia, or the Northern Mariana Islands, establish residency there, and meet the

physical presence requirement.

Cash Assistance for the Aged, Blind, and Disabled in the Territories

The Supplemental Security Income (SSI) program is not available in Puerto Rico, Guam, and the U.S. Virgin Islands.

Instead, these territories continue to operate the joint federal-state programs for the aged, blind, and disabled, which

SSI replaced in the 50 states and the District of Columbia in 1974. These programs offer federal funds (up to a

specified amount) to the territories in the form of capped categorical matching grants to help pay for the costs of

providing cash assistance to needy aged, blind, or disabled adults aged 18 or older. Guam and the U.S. Virgin Islands

operate separate programs of Old-Age Assistance (OAA), Aid to the Blind (AB), and Aid to the Permanently and

Totally Disabled (APTD) under Titles I, X, and XIV of the Social Security Act, respectively.136 Puerto Rico operates

the consolidated program of Aid to the Aged, Blind, or Disabled (AABD) under Title XVI as it existed prior to

reenactment by P.L. 92-603.137 The Administration for Children and Families (ACF) within the Department of Health

and Human Services (HHS) oversees the matching-grant programs at the federal level. Neither SSI nor the matchinggrant programs are available in American Samoa. SSI was extended to the Commonwealth of the Northern Mariana

Islands as part of its 1976 covenant (P.L. 94-241), effective January 1978.

133

The countable resource limit for an eligible individual with an ineligible spouse is the amount applicable to an

eligible couple. The countable resource limit for an ineligible child is equal to his or her own $2,000 limit plus the

amount applicable to an eligible individual in the case of one ineligible parent or the amount application to an eligible

couple in the case of two ineligible parents (20 C.F.R. §416.1202[b]). The countable resource limit for an alien subject

to deeming is the amount applicable to an eligible individual in the case of a sponsor without a spouse or the amount

applicable to an eligible couple in the case of a sponsor who lives with a spouse (20 C.F.R. §416.1204[a]).

134

Virginia Commonwealth University (VCU) National Training and Data Center (NTDC), “Understanding the

Supplemental Security Income (SSI) Program,” https://vcu-ntdc.org/resources/resourceDetail.cfm?id=1.

135

Section 1614(a)(1)(B)(i) and 1614(e) of the Social Security Act; 42 U.S.C. §1382c(a)(1)(B)(i) and 1382c(e). See

also 20 C.F.R. §§416.202(b) and 416.1603(c). Although 1614(e) of the Social Security Act specifies that the term

“United States” includes only the 50 states and the District of Columbia, the Northern Mariana Islands territorial

covenant specifies that “[t]he following laws of the United States in existence on the effective date of this Section and

subsequent amendments to such laws will apply to the Northern Mariana Islands ... Title XVI of the Social Security Act

as it applies to the several States.” See Section 503(a) of P.L. 94-241; 48 U.S.C. §1801 note.

136

42 U.S.C. §§301-306, 1201-1206, and 1351-1355, respectively.

137

42 U.S.C. §§1381 note-1385 note.

Congressional Research Service

22

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Individuals or couples are generally ineligible for SSI for months in which they are not physically

present in the United States (as defined above). A person who leaves the United States for 30

consecutive days or more is treated as remaining outside the United States until he or she has

returned to and remained in the United States for a period of 30 consecutive days.138 The physical

presence requirement does not apply to blind or disabled children of military personnel assigned

to permanent duty ashore outside the United States139 or to certain students who are temporarily

abroad.140

Citizenship Requirements

In addition to the residency requirement, a person must be a citizen or national of the United

States or an eligible noncitizen.141 For the purposes of this report, an eligible noncitizen is an alien

who (1) has been granted a qualifying legal status by the federal government (i.e., is a qualified

alien) and (2) meets certain other requirements.142 As a result of changes made to federal law

under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA;

P.L. 104-193) as well as legislation enacted shortly thereafter,143 SSI eligibility for noncitizens is

limited largely to lawful permanent residents (LPRs, also known as green card holders) with

significant past work history in jobs covered by Social Security, “grandfathered aliens” who

received SSI when PRWORA was enacted, certain aliens who are exempted by law from

PRWORA’s requirements, and refugees and asylees.144 Eligible noncitizens do not include aliens

who are not authorized to be present in the United States (i.e., “illegal aliens”), nor do they

include aliens with certain types of legal (or quasi-legal) status.145 For example, SSI is not

available to aliens lawfully admitted to the United States on tourist visas or to beneficiaries of the

Deferred Action for Childhood Arrivals (DACA) policy.

Eligible noncitizens are often classified into two groups: (1) those without a time limit and (2)

those subject to a seven-year limit. Eligible noncitizens without a time limit include, but are not

limited to, the following categories:

LPRs who (1) have satisfied a five-year waiting period requirement from the date

of entry and (2) have 40 qualifying quarters of coverage from earnings based on

Social Security-covered work (or can be credited with such qualifying quarters

from a parent or spouse);

138

Section 1611(f) of the Social Security Act; 42 U.S.C. §1382(f). See also 20 C.F.R. §§416.215 and 416.1327.

Sections 1611(f)(1) and 1614(a)(1)(B)(ii) of the Social Security Act; 42 U.S.C. §§1382(f)(1) and 1382c(a)(1)(B)(ii).

See also 20 C.F.R. §416.216.

140

Section 1611(f)(2) of the Social Security Act; 42 U.S.C. §1382(f)(2). See also SSA, POMS, “SI 00501.411 SSI

Eligibility for Students Temporarily Abroad—Overview,” September 13, 2012, https://secure.ssa.gov/poms.nsf/lnx/

0500501411.

141

Section 1614(a)(1)(B)(i) of the Social Security Act; 42 U.S.C. §1382c(a)(1)(B)(i). See also 20 C.F.R. §416.202(b)

and 416.1610-416.1619.

142

For a discussion of qualified and non-qualified aliens, see Appendix C of CRS Report RL33809, Noncitizen

Eligibility for Federal Public Assistance: Policy Overview.

143

Title V of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Division C of the Omnibus

Consolidated Appropriations Act, 1997 [P.L. 104-208]), Title V of the Balanced Budget Act of 1997 (P.L. 105-33), and

the Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998 (P.L. 105-306).

144

CRS Report RL33809, Noncitizen Eligibility for Federal Public Assistance: Policy Overview.

145

CRS Report R45020, A Primer on U.S. Immigration Policy.

139

Congressional Research Service

23

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

qualified aliens who are (1) active duty military members, (2) honorably

discharged veterans, or (3) the dependents of active duty military members or

honorably discharged veterans;

qualified aliens who are lawfully residing in the United States and were receiving

SSI on August 22, 1996;

qualified aliens who were lawfully residing in the United States on August 22,

1996, and who meet SSI’s blindness or disability standard, regardless of the onset

date;

American Indians born in Canada who are admitted to the United States under

certain conditions; and

American Indians who are members of federally-recognized tribes and who meet

certain conditions.146

Eligible noncitizens subject to a seven-year limit from the date their status was acquired include,

but are not limited to, the following categories:

refugees and asylees who meet certain conditions;

Cuban/Haitian entrants and Amerasian immigrants who meet certain

conditions;147

quailed aliens whose deportation is being withheld or whose removal has been

withheld (subject to certain conditions);

Iraqi or Afghan nationals who are admitted to the United States under special

immigrant visa (SIV) programs;148 and

aliens who are deemed to be victims of severe forms of human trafficking and

who meet certain other conditions.149

In December 2016, eligible noncitizens made up 6.1% of the total SSI recipient population.150

About 11% of all noncitizen recipients received time-limited payments.151 The average federally

administered payment made to all noncitizen recipients that month was $510.152 Roughly 71% of

all noncitizen SSI recipients were aged 65 or older, and about 58% of all noncitizen recipients

resided in the United States for at least 10 years before applying for SSI.153 Since the enactment

of PRWORA, both the number and share of noncitizen SSI recipients has fallen.

Other Requirements

Residents of public institutions (such as a jail, prison, or other facility operated directly or

indirectly by a governmental entity) are ineligible for SSI for any month throughout which they

146

8 U.S.C. §§1612(a)(2), 1613, and 1641(b).

CRS Report R44714, U.S. Policy on Cuban Migrants: In Brief.

148

CRS Report R43725, Iraqi and Afghan Special Immigrant Visa Programs.

149

8 U.S.C. §§1612(a)(2), 1613, and 1641(b).

150

SSA, ORES, SSI Annual Statistical Report, 2016, Table 29, https://www.ssa.gov/policy/docs/statcomps/ssi_asr/

(hereinafter “2016 SSI Annual Statistical Report”).

151

SSA, OCACT, Annual Report of the Supplemental Security Income Program, 2017, September 1, 2017, p. 21,

https://www.ssa.gov/oact/ssir/SSI17/ssi2017.pdf (hereinafter “2017 Annual Report of the SSI Program”).

152

2016 SSI Annual Statistical Report, Table 6.

153

Ibid., Tables 30 and 33.

147

Congressional Research Service

24

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

reside in such institution.154 In other words, a person is ineligible to receive SSI for any full

calendar month in which they are in residence. This requirement does not apply to publicly

operated community residences that serve 16 or fewer residents.155 It also does not apply to

medical treatment facilities in which more than 50% of the cost of care is paid for by Medicaid or,

in the case of a child under 18 years old, by any combination of Medicaid and private health

insurance.156 In addition, a person is required to file for all other applicable benefits for which he

or she may be eligible.157 Furthermore, a person must not be fleeing to avoid (1) prosecution for

certain felonies, (2) custody or confinement after conviction for certain felonies, or (3) recapture

because of escape from custody.158 Finally, a person must allow SSA to contact his or her

financial institutions for purposes of determining or redetermining eligibility.159

Termination Events

In general, SSI payments are suspended for any month during which a recipient fails to meet the

aforementioned eligibility requirements. After 12 consecutive months of payment suspension,

most recipients are terminated from the SSI rolls and must file a new application.160 In 2016, the

SSI termination rate—the ratio of the number of terminations to the average number of SSI

recipients during the year for a given age group—was 7.7% for children and 10.0% for workingage adults (Table 4). In 2016, the majority of SSI terminations for children were due to excess

income or no longer meeting the applicable definition of disability. For working-age adults that

year, most terminations were due to excess income or death.

Table 4. Number and Share of Nonelderly Blind or Disabled SSI Recipients

Terminated and the Annual Termination Rate, by Age Group and Reason for

Termination, 2016

Under 18 Years Old

Terminations

Aged 18-64

Terminations

Reason for Termination

Number

Share

Termination

Rate

Number

Share

Termination

Rate

Total

93,078

100.0%

7.7%

481,280

100.0%

10.0%

Excess Income

25,074

26.9

2.1

247,278

51.4

5.1

Death

4,274

4.6

0.4

117,685

24.5

2.4

Whereabouts Unknown

3,976

4.3

0.3

6,501

1.4

0.1

Excess Resources

8,163

8.8

0.7

17,111

3.6

0.4

154

Section 1611(e)(1)(A) of the Social Security Act; 42 U.S.C. §1382(e)(1)(A). See also 20 C.F.R. §416.211.

Section 1611(e)(1)(C) of the Social Security Act; 42 U.S.C. §1382(e)(1)(C). See also 20 C.F.R. §416.211(c).

156

Section 1611(e)(1)(B) of the Social Security Act; 42 U.S.C. §1382(e)(1)(B). See also 20 C.F.R. §§416.212 and

416.414.

157

Section 1611(e)(2) of the Social Security Act; 42 U.S.C. §1382(e)(2). See also 20 C.F.R. §416.210.

158

Section 1611(e)(4)(A) of the Social Security Act; 42 U.S.C. §1382(e)(4)(A). See also 20 C.F.R. §§416.202(f) and

416.1339.

159

Section 1631(e)(1)(B)(ii) of the Social Security Act; 42 U.S.C. §1383(e)(1)(B)(ii). See also 20 C.F.R. §416.207.

160

Section 1631(j)(1) of the Social Security Act; 42 U.S.C. §1383(j)(1). Blind or disabled children of military

personnel stationed overseas and military-related individuals who become ineligible for SSI because their spouse or

parent(s) is called to active duty have 24-consecutive months after the suspension to have eligibility reinstated without

having to file a new application. See 20 C.F.R. §416.216.

155

Congressional Research Service

25

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Under 18 Years Old

Terminations

Aged 18-64

Terminations

Reason for Termination

Number

Share

Termination

Rate

Number

Share

Termination

Rate

In Public Institution

798

0.9

0.1

27,021

5.6

0.6

Failed to Furnish Report

7,364

7.9

0.6

10,394

2.2

0.2

Outside United States

375

0.4

0.0

2,170

0.5

0.0

No Longer Disabled

40,779

43.8

3.4

47,636

9.9

1.0

Other

2,275

2.4

0.2

5,288

1.1

0.1

Source: CRS, based on the following sources: SSA, ORES, SSI Annual Statistical Report, 2016, November 2017,

Table 77, https://www.ssa.gov/policy/docs/statcomps/ssi_asr/2016/sect11.html#table77; and SSA, “SSI Monthly

Statistics, December 2017,” January 2018, Table 2.

Notes: The termination rate is the ratio of the number of terminations to the average number of SSI recipients

during the year for a given age group. In 2016, the average number of SSI recipients under 18 years old was

1,201,455, and the average number of SSI recipients aged 18-64 was 4,833,829.

Cash Payments

Federal Benefit Rate (FBR)

In 2018, the federal benefit rate (FBR) is $750 per month for an individual living in his or her

own household and $1,125 per month for a couple living in their own household.161 On an

annualized basis, the FBR in 2018 is $9,000 for an individual and $13,500 for a couple.

Individuals and couples with no countable income receive the maximum SSI payment; those with

countable income below the applicable FBR have their SSI payment reduced so that their own

income plus the reduced SSI payment equals at least the FBR.162 In this way, the FBR acts as an

income floor, providing a minimum level of support in 2018 equal to at least 74% of the federal

poverty level (FPL) for an individual and 82% of FPL for a couple.163 As noted earlier, the FBR is

adjusted annually for inflation by the same COLA applied to Social Security benefits.164 The

COLA effective for SSI payments at the start of 2018 was 2.0%, which raised the FBR for an

individual from $733 to $750 per month and the FBR for a couple from $1,103 to $1,125 per

month.165

161

Section 1611(b) of the Social Security Act; 42 U.S.C. §1382(b). See also 20 C.F.R. §§416.410-416.415.

Pursuant to the Department of the Treasury’s 2010 rule (75 Federal Register 80315), all federal benefit payments

must be made via EFT, unless the individual can demonstrate hardship due to age, mental impairment, or geographic

location. SSI recipients receive their payments by direct deposit, either to a bank account or to a Direct Express® card

account.

163

The term federal poverty level (FPL) used in this report refers to the Department of Health and Human Services’

(HHS) 2018 federal poverty guidelines for the 48 contiguous states and the District of Columbia. See HHS, Office of

the Assistant Secretary for Planning and Evaluation (ASPE), “Poverty Guidelines,” https://aspe.hhs.gov/povertyguidelines. See also 42 U.S.C. §9902(2).

164

Section 1617 of the Social Security Act; 42 U.S.C. §1382f. See also 20 C.F.R. §416.405.

165

SSA, OCACT, “SSI Federal Payment Amounts,” https://www.ssa.gov/oact/cola/SSIamts.html.

162

Congressional Research Service

26

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

State Supplementary Payments (SSPs)

Some states complement federal SSI payments with state supplementary payments (SSPs) that are

made solely with state funds.166 SSPs are intended to help individuals whose basic needs are not

met fully by the FBR. States may provide SSPs to all SSI recipients, or they may limit payments

to certain recipients, such as blind individuals or residents of domiciliary-care homes. Currently,

43 states and the District of Columbia have optional state supplementation programs.167 Most

states are required to continue to operate mandatory minimum supplementation programs for

certain individuals who were converted to SSI in 1974 from the former federal-state cash

assistance programs for the aged, blind, and disabled.168 North Dakota, the Northern Mariana

Islands, and West Virginia do not operate any supplementation programs.169

States may self-administer their supplementation programs or contract with SSA for the agency to

issue SSPs to eligible recipients on the states’ behalf.170 In states that contract with SSA to

administer their supplementation programs, SSI recipients receive a single payment composed of

the federal SSI payment and the SSP. In states that self-administer their supplementation

programs, SSI recipients receive separate payments for SSI and SSP. States that elect federal

administration of their supplementation program reimburse SSA for the cost of the SSPs that the

agency makes to eligible recipients on behalf of the state.171 Since FY1994, SSA has charged

participating states for the cost of administering their program by assessing a user fee on each

SSP made by the agency based on a fee schedule prescribed in federal law.172

SSA administers optional SSPs for all (or nearly all) SSI recipients in California, New Jersey,

Nevada, and Vermont. The agency also administers optional SSPs for a small number of SSI

recipients in special living arrangements (e.g., domiciliary care homes, medical treatment

facilities) in the following areas: Delaware, the District of Columbia, Hawaii, Iowa, Michigan,

Montana, Pennsylvania, and Rhode Island.173 In December 2017, almost 1.5 million individuals

received a federally administered SSP from SSA, approximately 84% of whom lived in

California.174 All other SSI recipients live in states that (1) self-administer SSPs for their living

166

Section 1616(a) of the Social Security Act; 42 U.S.C. §1382e(a). See also 20 C.F.R. §§416.2001-416.2075.

2017 Annual Report of the SSI Program, Table III.H1, p. 25. The 2017 Annual Report of the SSI program states

“[c]urrently, 44 States and the District of Columbia have optional State supplementation programs” (p. 21). Although

Table III.H1 counts 44 states (including Kansas) and D.C. as having optional state supplementation programs, a

footnote to Kansas states “[m]andatory minimum State supplementation program is federally administered. No optional

program.” Based on the documentation in the footnotes to Table III.H1, the following areas do not operate optional

state supplementation programs: Arizona, Arkansas, Kansas, Mississippi, North Dakota, the Northern Mariana Islands,

Tennessee, and West Virginia.

168

Section 212(a) of P.L. 93-66. See also 20 C.F.R. §§416.2050-416.2075. Texas never operated a mandatory

minimum supplementation program because it has a state constitutional barrier against such a requirement. The

Commonwealth of the Northern Mariana Islands was not required to operate a mandatory minimum supplementation

program because the former federal-state programs of cash assistance for the aged, blind, and disabled were never

available in the territory. In addition, SSI was not extended to the Northern Mariana Islands until 1978.

169

North Dakota and West Virginia are required to operate mandatory minimum supplementation programs; however,

they currently have no recipients.

170

Section 1616(b) of the Social Security Act; 42 U.S.C. §1382e(b). See also 20 C.F.R. §416.2005.

171

Section 1616(d) of the Social Security Act; 42 U.S.C. §1382e(d). See also 20 C.F.R. §416.2010.

172

The user fee per state supplementary payment (SSP) for FY2018 is $11.87. See SSA, OCACT, “Fee for

Administration of State Supplementary Payments,” https://www.ssa.gov/oact/cola/statesuppfee.html.

173

See SSA, A Guide to Supplemental Security Income (SSI) for Groups and Organizations, January 2018, Publication

No. 05-11015, p. 5, https://www.ssa.gov/pubs/EN-05-11015.pdf.

174

SSA, ORES “SSI Monthly Statistics, 2017,” https://www.ssa.gov/policy/docs/statcomps/ssi_monthly/2017/

(continued...)

167

Congressional Research Service

27

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

arrangement, (2) do not provide SSPs for their living arrangement, or (3) do not operate an

optional supplementation program at all. SSA stopped publishing data on SSI recipients who

receive state-administered SSPs in 2011.175 Of the 44 areas that operated optional

supplementation programs in 2017, only 22 provided SSPs to SSI recipients living in their own

household, which is the most frequent type of living arrangement for SSI recipients.176

Basic Payment Calculation Example

As noted earlier, certain income is disregarded in determining SSI eligibility and the amount of

assistance. For example, the program excludes the first $20 per month of any income (earned or

unearned) and the first $65 per month of earned income plus one-half of any earnings above

$65.177 After the application of the $20 general income exclusion, the offset for unearned income

is $1 for $1; in other words, the SSI payment is reduced by one dollar for each dollar of unearned

income. For earned income above $65 (or $85 if the individual has no unearned income), the

offset is $1 for $2; that is, the SSI payment is reduced by one dollar for every two dollars of

earned income.178 Income used for certain expenses is also excludable.

Table 5 shows an example of how a SSI payment is calculated for an individual living in his or

her own household who receives a $361 monthly SSDI benefit and has earnings of $289 each

month. The $20 general income exclusion is first applied to unearned income, meaning that only

$341 of the SSDI benefit is countable. Next, the $65 earned income exclusion is applied to the

$289 in earnings; the remaining $224 in earnings is counted on a 50% basis (i.e., a $1 for $2

offset). Finally, earned and unearned countable income are summed and then subtracted from the

$750 FBR, which results in a monthly SSI payment of $297.

Table 5. Calculating a SSI Payment

Step

Amount

(1) Countable Unearned Income

$361

SSDI Benefit

-20

General Income Exclusion

$341

Countable Unearned Income

$289

Earnings

-65

Earned Income Exclusion

(2) Countable Earned Income

Description

$224

-112

½ of Remaining Earnings

(...continued)

index.html; and SSA, ORES, Congressional Statistics, 2017, April 2018, Table 2 for California, https://www.ssa.gov/

policy/docs/factsheets/cong_stats/index.html (hereinafter “2017 Congressional Statistics”).

175

SSA, ORES, State Assistance Programs for SSI Recipients, January 2011, November 2011, https://www.ssa.gov/

policy/docs/progdesc/ssi_st_asst/.

176

See SSA, POMS, “SI 02302.200 Charted Threshold Amounts,” January 25, 2017, https://secure.ssa.gov/poms.nsf/

lnx/0502302200.

177

Section 1612(b)(2) and 1612(b)(4) of the Social Security Act; 42 U.S.C. §1382a(b)(2) and 1382a(b)(4). See also 20

C.F.R. §§416.1112(c)(5) and 416.1124(c)(12).

178

Any portion of the $20 general income exclusion that has not been used to disregard unearned income in a given

month can be applied to earned income for that month. See 20 C.F.R. §416.1112(c)(4).

Congressional Research Service

28

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Step

Amount

(3) Total Countable Income

(4) SSI Payment

Description

$112

Countable Earned Income

$341

Countable Unearned Income

+112

Countable Earned Income

$453

Total Countable Income

$750

2018 Federal Benefit Rate (FBR) for an Individual

-453

Total Countable Income

$297

Monthly SSI Payment

Source: CRS.

Notes: The example is of an individual who (1) lives in his or her own household, (2) is not eligible for a SSP,

and (3) uses no other income exclusions other than those shown.

Gross Income Breakeven Points

Individuals are ineligible for a monthly SSI payment if their countable income reduces the FBR to

$0.179 The amount of gross income a person can have so that countable income equals the

applicable FBR is known as the income breakeven point. The dollar amount of the breakeven

point in 2018 depends on the type of other income that an individual or couple receives. If a

person has only unearned income, the unearned income breakeven point is $770 per month for an

individual and $1,145 for a couple (i.e., the applicable FBR plus the $20 general income

exclusion). However, if the person has only earned income, the earned income breakeven point is

$1,585 per month for an individual and $2,335 for a couple (i.e., 2 x the applicable FBR plus the

combined $85 earned income exclusion).180 Depending on the composition of other income, a

person who receives both earned and unearned income in 2018 faces a breakeven point

somewhere between $770 and $1,585 per month for an individual and between $1,145 and

$2,335 per month for a couple.181 However, most people who receive SSI have no other income,

and of those recipients who do, only about 3% have any earnings from work in a given month.182

Reduced SSI Payment for Residents of Certain Medical Facilities

Residents of public institutions are generally ineligible for SSI payments, because the institution

provides for their basic needs. However, residents of medical treatment facilities in which more

than 50% of the cost of their care is paid for by Medicaid (or in the case of a child under 18 years

old, by any combination of Medicaid and private health insurance) are eligible for a reduced SSI

179

A person is eligible for the SSI program if his or her monthly countable income is (1) equal to or less than the FBR

or (2) less than the FBR plus the amount of applicable federally administered SSP. See SSA, POMS, “SI 02301.215

Summary of Posteligibility (PE) Suspension, Stop Payment and Termination Events by Payment Status Code (PSC),”

February 18, 2016, http://policy.ssa.gov/poms.nsf/lnx/0502301215.

180

SSA, POMS, “SI 00810.350 Income Break-Even Points General Information,” November 6, 2017.

http://policy.ssa.gov/poms.nsf/lnx/0500810350. The combined $85 earned income exclusion is the sum of the $20

general income exclusion and the $65 earned income exclusion.

181

The example assumes the individual or couple does not receive a SSP.

182

2017 Annual Statistical Supplement, Table 7.D1.

Congressional Research Service

29

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

payment of no more than $30 per month (or $60 per month for couples in certain situations).183

The reduced SSI payment, which is also known as a personal needs allowance, is used to pay for

small comfort items not provided by the facility. Any countable income reduces the $30 payment

for institutionalized individuals; however, the full FBR is used in determining their eligibility for

SSI ($750 per month for an individual in 2018). The reduced SSI payment is not indexed to

inflation and has remained at its current level since July 1988. In December 2016, 1.5% of SSI

recipients received institutional care in an approved medical facility.184

Average and Total Monthly Payment Levels

As shown in Table 6, the average SSI payment in December 2017 was $542, which on an

annualized basis was $6,504. That month, SSA made about $4.7 billion in payments. These

amounts include federally administered SSPs but exclude state-administered SSPs. Payments are

generally lower for seniors because some of them receive Social Security, which is counted as

unearned income against the FBR (or the FBR plus the amount of the applicable federally

administered SSP). Payments for children are typically higher because they often do not have

income of their own.

Table 6. Average and Total Monthly Payment Amounts of SSI Recipients, by Type of

Payment and Age Group, December 2017

Payment Amount

Total Monthly Payments

(in thousands)

8,227,676

$542

$4,754,456

Under 18 Years Old

1,182,593

647

810,752

Aged 18-64

4,805,112

564

2,959,560

Aged 65 or Older

2,239,971

437

984,144

Age Group

Total

Number

Source: CRS, based on SSA, ORES, “SSI Monthly Statistics, 2017.” January 2018, Tables 2, 6, and 7.

When SSI Payments Start

Unlike SSDI benefits, SSI payments are not subject to a waiting period requirement. SSI

payments begin (1) the first day of the month following the date the application is filed, or (2) the

first day of the month following the date the individual becomes eligible for payments.185 It is

important to note that SSI recipients are not eligible for retroactive payments for months in which

they met all other eligibility criteria prior to the month of application. Retroactive benefits are

only available under the Social Security program. However, claimants may be owed past-due

payments for months in which they met all eligibility requirements after the month they filed an

application through the month their claim is approved.

183

Section 1611(e)(1)(B) of the Social Security Act; 42 U.S.C. §1382(e)(1)(B). See also 20 C.F.R. §§416.212 and

416.414. Some states supplement the reduced SSI payment.

184

2017 Annual Statistical Supplement, Table 7.E5.

185

Section 1611(c)(7) of the Social Security Act; 42 U.S.C. §1382(c)(7). See also 20 C.F.R. §416.501.

Congressional Research Service

30

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Medicaid

In addition to cash payments, most SSI recipients qualify for health coverage under Medicaid.186

Established under Title XIX of the Social Security Act, Medicaid is a joint federal-state program

that finances the delivery of primary and acute medical services, as well as long-term services and

supports (LTSS), to certain needy populations, including the aged, blind, and disabled.187 SSI

recipients often have medical conditions that require significant health care resources. However,

many SSI recipients are unable to work enough to gain health insurance through an employer or

to pay for such insurance on their own. Medicaid provides most SSI recipients with health

coverage, including some LTSS that private health insurance and Medicare do not cover, making

it an important program for individuals with significant long-term care needs. In FY2015,

estimated spending per disabled Medicaid enrollee under 65 years old (including children) was

$19,500.188 In 2016, approximately 94% of SSI recipients aged 18-64 reported Medicaid

coverage.189

SSI is a mandatory Medicaid eligibility pathway, which means that states are required by law to

cover SSI recipients.190 In general, individuals in receipt of SSI for a given month are also eligible

for Medicaid for that month, provided they meet all other Medicaid eligibility requirements. SSI

recipients typically become ineligible for Medicaid whenever their cash payments are suspended

or terminated. However, states are afforded a certain degree of flexibility in this arrangement

concerning (1) the Medicaid application process for SSI recipients and (2) the specific eligibility

criteria applied to SSI recipients. Consequently, states are categorized into three groups with

respect to Medicaid eligibility for SSI recipients:

states that use SSI’s eligibility criteria and do not require a separate application

(i.e., “1634 states”);

states that use SSI’s eligibility criteria but require a separate application (i.e.,

“SSI criteria states”); and

states that use more restrictive eligibility criteria than SSI’s criteria and require a

separate application (i.e., “209[b] states”).

The following subsections discuss the three groups in more detail.

1634 States

Thirty-four states and the District of Columbia grant Medicaid coverage automatically to

individuals who become eligible for SSI. Section 1634 of the Social Security Act allows states to

186

See SSA, “Medicaid Information,” https://www.ssa.gov/disabilityresearch/wi/medicaid.htm.

42 U.S.C. §§1396 et seq. See CRS Report R43357, Medicaid: An Overview.

188

HHS, Centers for Medicare & Medicaid Services (CMS), Office of the Actuary, 2016 Actuarial Report on the

Financial Outlook for Medicaid, Table 2, https://www.cms.gov/Research-Statistics-Data-and-Systems/Research/

ActuarialStudies/Downloads/MedicaidReport2016.pdf. Estimate includes spending on disabled Medicaid enrollees

under 65 years old who are eligible for Medicaid through non-SSI pathways.

189

CRS analysis of the 2017 CPS ASEC. A 2015 study that matched SSA administrative records to data from the

Survey of Income and Program Participation (SIPP) found that 96.3% of SSI recipients under 18 years old and 96.0%

of SSI recipients aged 18-64 reported Medicaid coverage in 2013. See Michelle Stegman Bailey and Jeffrey Hemmeter,

Characteristics of Noninstitutionalized DI and SSI Program Participants, 2013 Update, Research and Statistics Note

no. 2015-02, September 2015, Table 8, https://www.ssa.gov/policy/docs/rsnotes/rsn2015-02.html (hereinafter “Bailey

and Hemmeter 2015”).

190

Section 1902(a)(10)(A)(i)(II) of the Social Security Act; 42 U.S.C. §1396a(a)(10)(A)(i)(II).

187

Congressional Research Service

31

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

contract with SSA for the agency to perform Medicaid eligibility determinations for their SSI

recipients as part of the SSI application process.191 In other words, an SSI application in these

states is also an application for Medicaid. States that elect to contract with SSA for these

Medicaid determinations are known as 1634 states. In December 2017, 85.8% of all SSI

recipients resided in these areas.192

SSI Criteria States

Eight states and the Northern Mariana Islands use the same income, resource, and disability

standards of the SSI program to determine Medicaid eligibility for SSI recipients but require them

to file a separate application for Medicaid with the state or local Medicaid office. States that elect

this option are known as SSI criteria states. The eight SSI criteria states are Alaska, Idaho,

Kansas, Nebraska, Nevada, Oklahoma, Oregon, and Utah. In December 2017, 4.8% of all SSI

recipients resided in these areas.193

209(b) States

The remaining eight states use more restrictive eligibility criteria than SSI’s criteria to determine

Medicaid eligibility for SSI recipients. Under Section 1902(f) of the Social Security Act, states

may elect to use at least one eligibility criterion more restrictive than SSI’s criteria in making

Medicaid eligibility determinations for SSI recipients, provided any state-established standard is

no more restrictive than the standards used by the state’s Medicaid program in 1972.194 States that

elect to apply more restrictive standards are known as 209(b) states, after the section of the Social

Security Amendments of 1972 (P.L. 92-603) that established the option. The eight 209(b) states

are Connecticut, Hawaii, Illinois, Minnesota, Missouri, New Hampshire, North Dakota, and

Virginia.195 In December 2017, 9.4% of all SSI recipients resided in these areas.196

209(b) states may use a stricter definition of blindness or disability, a lower income or resource

standard, a less generous methodology for counting income or resources, or some combination of

those factors. For example, New Hampshire imposes a longer duration-of-impairment

requirement for individuals with a disability other than blindness (48 months instead of SSI’s 12month standard),197 while Virginia limits ownership of property contiguous to the individual’s

home (i.e., land other than the lot occupied by the home) to $5,000.198 However, 209(b) states that

use a more restrictive income standard than the SSI program must deduct incurred medical

expenses from an SSI recipient’s income in determining Medicaid eligibility.199 This requirement

allows SSI recipients to spend down their income to the state-established income standard.

191

42 U.S.C. §1383c. See also 20 C.F.R. §§416.2101-416.2176.

2017 Congressional Statistics, Table 2 for the applicable states.

193

Ibid.

194

Section 1902(f) of the Social Security Act; 42 U.S.C. §1396a(f).

195

Medicaid and CHIP Payment and Access Commission (MACPAC), MACStats: Medicaid and CHIP Data Book,

December 2017, Exhibit 37, p. 109, https://www.macpac.gov/publication/macstats-medicaid-and-chip-data-book-2/.

196

2017 Congressional Statistics, Table 2 for the applicable states.

197

New Hampshire Revised Statutes §167:3-j.

198

Virginia Administrative Code 12VAC30-40-240.

199

42 C.F.R. §435.121. 209(b) states must also deduct the value of SSI and any optional SSP from an individual’s

income in determining Medicaid eligibility.

192

Congressional Research Service

32

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Since the enactment of the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as

amended), three states have dropped their 209(b) status as part of larger efforts to reform their

Medicaid programs. Specifically, Oklahoma elected to become a SSI criteria state effective

October 1, 2015,200 while Indiana and Ohio elected to become 1634 states effective June 1,

2014,201 and August 1, 2016, respectively.202

SNAP

Because SSI recipients are by definition low income, the Supplemental Nutrition Assistance

Program (SNAP; formerly the Food Stamp Program) confers eligibility automatically to SSI

eligible individuals in certain living situations. SNAP is a federally funded assistance program,

administered jointly with the states, that provides benefits to eligible households on an electronic

benefit transfer (EBT) card, which can be redeemed for foods at authorized retailers.203 Under

SNAP law, individuals living in pure SSI households—those in which all members receive SSI

payments—are categorically eligible for SNAP.204 SSI recipients living in mixed households may

also qualify for SNAP if their household meets SNAP’s traditional eligibility requirements.205 In

2016, an estimated 52% of SSI recipients aged 18-64 lived in households that received SNAP

benefits.206 (California provides SSI recipients with a higher federally administered SSP in lieu of

SNAP benefits.)207

Financing

Federal SSI payments and administrative costs are financed from the general fund of the U.S.

Treasury. SSPs are financed solely with state funds. States reimburse SSA for the cost of SSPs

made to their eligible recipients and for the cost of administering their supplementation program.

In FY2017, total federal SSI outlays were $58.7 billion, with $54.6 billion for benefit payments

200

State of Oklahoma, Department of Human Services, “Library: Policy: 317:35-5-41.2. Miscellaneous Personal

property,” March 10, 2017, http://www.okdhs.org/library/policy/Pages/oac317035050041002.aspx.

201

State of Indiana, Family and Social Services Administration, “2014 Disability Eligibility Changes FAQ,”

https://www.in.gov/fssa/ddrs/4861.htm.

202

Letter from John B. McCarthy, director, Department of Medicaid, State of Ohio, to All Medicaid Eligibility Manual

Holders, Medicaid Eligibility Manual Transmittal Letter No. 116, 2016, http://medicaid.ohio.gov/Portals/0/Resources/

Publications/Guidance/MedicaidPolicy/Elig-Chip/MEMTL-116.pdf.

203

See CRS Report R42505, Supplemental Nutrition Assistance Program (SNAP): A Primer on Eligibility and Benefits,

and CRS Report R42054, The Supplemental Nutrition Assistance Program (SNAP): Categorical Eligibility.

204

7 U.S.C. §2014(a) and 7 C.F.R. §273.2(j)(2)(D).

205

Under Supplemental Nutrition Assistance Program (SNAP) law, the resources of SSI recipients in the household are

deemed to meet the program’s resource limitations for purposes of traditional eligibility (i.e., their resources are

excluded). See 7 U.S.C. §2014(j) and 7 C.F.R. §273.8(e)(17). However, the SSI payments of household members are

considered unearned income under SNAP’s traditional eligibility rules and thus are included in the household income

calculation. See 7 C.F.R. §273.9(b)(2)(i).

206

CRS analysis of the 2017 CPS ASEC. A 2015 study that matched SSA administrative records to data from the SIPP

found that 64.9% of SSI recipients under 18 years old and 64.6% of SSI recipients aged 18-64 lived in households that

received SNAP benefits in 2013. See Bailey and Hemmeter 2015, Table 9.

207

Under SNAP law, SSI recipients living in states that cash out the bonus value of the SNAP allotment are not

considered to be a member of the household and thus are ineligible for SNAP benefits. See 7 U.S.C. §2015(g) and 7

C.F.R. §273.20. SSI recipients living in California receive an extra $10 in their monthly SSP in lieu of SNAP benefits.

For more information on California’s cash-out policy, see State of California, Legislative Analyst’s Office (LAO), The

Potential Effects of Ending the SSI Cash-Out, January 8, 2018, http://www.lao.ca.gov/Publications/Report/3729.

Congressional Research Service

33

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

and $4.1 billion for administrative and other costs.208 Spending on federally administered SSPs in

FY2017 was $2.6 billion.209 In 2016, about 93% of spending on federally administered SSPs was

attributable to SSI recipients living in California.210

In their August 2017 report and under current law, SSA’s actuaries project that spending on

federal SSI payments will increase (in CPI-indexed 2017 dollars) from $54.6 billion in 2017 to

$61.5 billion in 2041.211 As a share of gross domestic product (GDP), SSA’s actuaries project that

spending on federal SSI payments will decrease from 0.28% in 2017 to 0.20% in 2041.212 Under

its April 2018 baseline and under current law, CBO projects that spending on federal SSI

payments will increase (in nominal dollars) from $54.6 billion in FY2017 to $80.8 billion in

FY2028.213

Concurrent Disability Beneficiaries

(Hereinafter the term SSDI beneficiary refers to disabled workers, disabled widow[er]s, and

disabled adult children of retired, disabled, or deceased insured workers. In addition, the term SSI

disability recipient refers to blind or disabled SSI recipients under 65 years old.)

In December 2016, about 12.8 million adults aged 18-64 received SSDI or SSI due to a qualifying

impairment (Figure 3). Of those, more than 1.3 million (or 10%) received both types of disability

benefits. About one in seven SSDI beneficiaries aged 18-64 received SSI concurrently. At the

same time, about a quarter of SSI disability recipients aged 18-64 also received SSDI. For this

report, individuals who receive both SSDI and SSI due to a qualifying impairment are referred to

as concurrent disability beneficiaries. Assuming they meet the applicable eligibility requirements,

concurrent disability beneficiaries receive health coverage under Medicare and Medicaid.

Individuals who qualify for both health care programs are known as dual eligibles.

The average combined benefit for concurrent disability beneficiaries in December 2016 was $783

(Table 7). Of that amount, $538 was from SSDI and $245 was from SSI. Because average

benefits for concurrent disability beneficiaries were below the FBR for an individual ($733 per

month in 2016) and because SSDI benefits generally offset SSI payments on a dollar-for-dollar

basis, combined benefit levels for each type of concurrent SSDI beneficiary were about the same.

Thus, disabled workers (who have higher average SSDI benefit amounts) received lower average

SSI payments, and disabled adult children (who have lower average SSDI benefit amounts)

received higher SSI payments, resulting in roughly the same combined disability benefit amount

across all three beneficiary types.

208

SSA, Justifications of Estimates for Appropriations Committees, Fiscal Year 2019, February 12, 2018, Table i.7,

https://www.ssa.gov/budget/.

209

Ibid.

210

2017 Annual Statistical Supplement, Table 7.B7.

211

2017 Annual Report of the SSI Program, Table IV.C3.

212

Ibid., Table IV.D1.

213

CBO, Supplemental Security Income—CBO’s April 2018 Baseline, April 10, 2018, https://www.cbo.gov/sites/

default/files/recurringdata/51313-2018-04-ssi.pdf.

Congressional Research Service

34

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Figure 3. SSDI Beneficiaries and SSI Disability Recipients Aged 18-64,

December 2016

Source: CRS, adapted from SSA, ORES, Annual Statistical Report on the Social Security Disability Insurance Program,

2016, October 2017, Chart 12.

Notes: Subtotals may not equal totals due to rounding. The term SSDI includes disabled workers, disabled

widow(er)s, and disabled adult children of retired, disabled, or deceased workers.

Table 7. Number of Concurrent Disability Beneficiaries Aged 18-64 and Average

Benefit Amount, by Type of SSDI Beneficiary, December 2016

Average Monthly Benefit

Number of Concurrent

Beneficiaries

Combined

1,310,459

$783

$538

$245

Disabled Workers

951,118

784

560

225

Disabled Widow(er)s

29,784

787

544

244

Disabled Adult Children

329,557

777

475

303

Type of SSDI Beneficiary

Total

SSDI

SSI

Source: CRS, based on SSA, ORES, SSI Annual Statistical Report, 2016, November 2017, Tables 15 and 16.

Notes: Subtotals may not sum to totals due to rounding. The term SSDI includes disabled workers, disabled

widow(er)s, and disabled adult children of retired, disabled, or deceased workers.

As shown in Figure 4, the average benefit amount for concurrent disability beneficiaries is higher

than that for SSI-only recipients but is lower than that for SSDI-only beneficiaries. The purpose

of SSI for adults is generally twofold: (1) to provide cash assistance to aged, blind, or disabled

individuals who have no income and (2) to supplement the incomes of those who have low Social

Security benefits. For SSDI beneficiaries with minimal benefits and other income, SSI increases

their overall monthly disability benefit from SSA.

Congressional Research Service

35

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Figure 4. Average Monthly Benefit Amount for Disability Beneficiaries Aged 18-64,

by Type of Disability Beneficiary, December 2016

Source: CRS, based on SSA, ORES, Annual Statistical Report on the Social Security Disability Insurance Program,

2016, October 2017, Table 66.

Notes: The term SSDI includes disabled workers, disabled widow(er)s, and disabled adult children of retired,

disabled, or deceased workers.

Definition of Disability

SSDI and Adult SSI Claimants

SSDI and SSI use a total work-limiting definition of disability for adults; in other words, an

individual’s impairment(s) must significantly interfere with his or her ability to earn a living.214

Most adults are considered disabled for SSDI and SSI eligibility purposes if they are “unable to

engage in any substantial gainful activity by reason of any medically determinable physical or

mental impairment that can be expected to result in death or that has lasted or can be expected to

last for a continuous period of not less than 12 months.”215 Adults generally qualify as disabled

for SSDI and SSI purposes if they have an impairment (or combination of impairments) of such

severity that they are unable to perform any kind of substantial work that exists in significant

numbers in the national economy, taking into consideration their age, education, and work

experience. The work need not exist in the immediate area in which the claimant lives nor must a

specific job vacancy exist for the individual.

Child SSI Claimants

The SSI program uses a special definition of disability for children because minors are generally

not expected to work. Individuals under 18 years old must have “a medically determinable

214

The definition of blindness under the SSI program does not require an individual to be unable to perform substantial

gainful activity (SGA).

215

Sections 223(d)(1)(A) and 1614(a)(3)(A) of the Social Security Act; 42 U.S.C. §§423(d)(1)(A) and 1382c(a)(3)(A).

Section 223(d)(1)(B) of the Social Security Act provides an alternative definition of disability for blind individuals who

are aged 55 or older.

Congressional Research Service

36

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

physical or mental impairment, which results in marked and severe functional limitations, and

which can be expected to result in death or which has lasted or can be expected to last for a

continuous period of not less than 12 months.”216 Children typically qualify as disabled if they

have a severe impairment (or combination of impairments) that limits their ability to engage in

age-appropriate childhood activities at home, in childcare, at school, or in the community. In

addition, the child must be unable to perform substantial gainful activity (SGA).

Substantial Gainful Activity (SGA) Earnings Limits

Under SSA’s regulations for SGA, work activity is considered substantial if it involves doing

significant physical or mental activities, even if it is done on a part-time basis.217 Work activity is

considered gainful if an individual does it for pay or profit, regardless of whether the profit is

realized or legal.218

SSA uses a monetary threshold to determine whether an individual’s work activity constitutes

SGA, which the agency adjusts annually to reflect changes in national earnings levels. For SSDI,

the SGA earnings threshold in 2018 is $1,180 per month for most individuals and $1,970 per

month for statutorily blind individuals.219 Under the SSI program, SGA rules do not apply to

statutorily blind individuals. Because of certain SSI work incentives, the non-blind SGA earnings

threshold applies to individuals with a condition other than blindness only at the time of

application for SSI.220

The SGA threshold for blind individuals under the SSDI program is specified in statute,221 while

the SGA threshold for non-blind individuals under the SSDI and SSI programs is specified in

regulations by SSA.222 The SGA threshold for blind individuals under the SSDI program is

adjusted annually for average earnings growth in the economy, provided a COLA is payable for

that year. On the other hand, the SGA threshold for non-blind individuals under both programs is

adjusted annually for average earnings growth in accordance with the agency’s regulations,

regardless of whether a COLA is payable for the year. Thus, in years when a COLA is not

payable, the SGA threshold for blind individuals under the SSDI program remains the same as the

amount for the previous year, while the SGA threshold for non-blind individuals is adjusted

according to the formula specified in regulations, which may result in a higher threshold.

Drug Addiction and Alcohol (DAA)

Section 105 of the Contract with America Advancement Act of 1996 (P.L. 104-121) amended the

Social Security Act to bar SSA from considering an individual disabled if drug addiction or

216

Section 1614(a)(3)(C) of the Social Security Act; 42 U.S.C. §1382c(a)(3)(C).

20 C.F.R. §§404.1572 and 416.972.

218

Ibid.

219

SSA, OCACT, “Substantial Gainful Activity,” https://www.ssa.gov/oact/cola/sga.html.

220

Section 1619(a) of the Social Security Act (42 U.S.C. §1382h[a]) provides for the continuation of cash payments for

SSI recipients (but not for claimants) with substantial earnings that otherwise would disqualify them from the program.

Under this provision, recipients who have earnings at or above the SGA threshold but whose countable income is less

than the applicable FBR are eligible to receive special SSI payments in lieu of regular SSI payments. These special

1619(a) payments are calculated in the same manner as regular SSI payments and are payable for as long as an

individual performs SGA and meets all other SSI eligibility criteria. 1619(a) effectively eliminates the SGA threshold

for non-blind SSI recipients.

221

42 U.S.C. §423(d)(4)(A).

222

20 C.F.R. §§404.1574 and 416.974.

217

Congressional Research Service

37

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

alcoholism (DAA) is a contributing factor material to the determination that the individual is

disabled.223 SSA’s policy interpretation of this requirement is specified in Social Security Ruling

(SSR) 13-2p.224 DAA is a substance use disorder as defined in the latest edition of the Diagnostic

and Statistical Manual of Mental Disorders (DSM). SSA considers an individual to have DAA if

he or she has a medically determinable substance use disorder documented by objective medical

evidence from an acceptable medical source. The DAA is considered material to the

determination of disability if the individual would not meet the definition of disability if he or she

were not using drugs or alcohol.225 It should be noted that nothing in the Social Security Act

precludes an individual from qualifying for SSDI or SSI for using drugs or alcohol (including

medical and recreational marijuana).226 The act simply prevents individuals from qualifying for

benefits if their DAA is material to their disability determination or contributes to their inability

to follow prescribed treatment (discussed below). In 2015, approximately 7.0% of all workingage SSDI beneficiaries and SSI disability recipients reported drug or alcohol abuse in the past 12

months.227

Following Prescribed Treatment

The Social Security Act requires individuals to follow treatment prescribed from their medical

source(s) if such treatment is expected to restore their ability to work (i.e., engage in SGA).228 If

an individual fails to follow the prescribed treatment without good reason, SSA will not consider

the individual to be disabled for purposes of SSDI or SSI. In some instances, the individual’s

DAA may interfere with his or her ability to follow prescribed treatment. A 2015 report from

SSA’s Office of the Inspector General (OIG) noted the following case:

An individual applied for disability benefits for seizures, high blood pressure, and poor

eyesight. The medical evidence showed she was prescribed three doses of an anti-seizure

medication per day; however, she only took two doses. She claimed she was taking only

two doses to stretch the medication. However, because evidence in the file showed she

was also using cocaine and marijuana, she had the means to purchase her medication as

she had the means to purchase non-prescription drugs. The evidence showed that proper

medication management should significantly reduce her seizure issues. Therefore, SSA

denied the claim for failure to follow prescribed treatment.229

223

Sections 223(d)(2)(C) and 1614(a)(3)(J) of the Social Security Act; 42 U.S.C. §423(d)(2)(C) and 1382c(a)(3)(J). See

also 20 C.F.R. §§404.1513(a)(5)(vi), 404.1535, 416.913(a)(5)(vii), and 416.935.

224

SSA, “SSR 13-2p: Titles II and XVI: Evaluating Cases Involving of Drug Addiction and Alcoholism (DAA),

February 20, 2013 (effective date March 22, 2013), https://www.ssa.gov/OP_Home/rulings/di/01/SSR2013-02-di01.html.

225

20 C.F.R. §§404.1535(b) and 416.935(b).

226

See statement of Sarah-Schultz Lackey, spokesperson, SSA, in KTHV-TV, “Patients fear medical marijuana card

could cost them their social security benefits,” July 3, 2017, http://www.thv11.com/article/news/local/patients-fearmedical-marijuana-card-could-cost-them-their-social-security-benefits-11-listens/453909122.

227

SSA, Office of Retirement and Disability Policy, Office of Research, Demonstration, and Employment Support,

National Beneficiary Survey: Disability Statistics, 2015, March 2018, Table 8, p. 4, https://www.ssa.gov/policy/docs/

statcomps/nbs/2015/index.html.

228

Sections 223(f) and 1614(a)(4) of the Social Security Act; 42 U.S.C. §§423(f) and 1382c(a)(4). See also 20 C.F.R.

§§404.1513(a)(5)(vi), 404.1530, 404.1579(e)(4), 404.1586(c), 416.913(a)(5)(vii), 404.1594(e)(4), 416.930,

416.986(a)(3), and 416.994(b)(4)(iv).

229

SSA, Office of the Inspector General (OIG), Failure to Follow Prescribed Treatment, A-01-15-50024, August 21,

2015, p. 8, https://oig.ssa.gov/audits-and-investigations/audit-reports/A-01-15-50024.

Congressional Research Service

38

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Comparisons with Other Program Definitions of Disability

The definitions of disability under Titles II and XVI of the Social Security Act are considered

total and long-term; neither program pays benefits to individuals with partial or short-term

impairments. SSA’s all-or-nothing definitions of disability are different from other disability

standards. For example, the VA provides partial or total disability benefits to veterans with

qualifying impairments on a scale from 0% to 100% (in 10% increments).230 In addition, state

workers’ compensation pays benefits for total or partial occupational-related injuries and illnesses

that are permanent or temporary.231 According to SSA, the Social Security Act’s “purpose and

specific eligibility requirements for disability and blindness differ significantly from the purpose

and eligibility requirements of other programs.”232

Application and Initial Determination Process233

The process begins when a claimant files an initial application for SSDI or SSI using one of four

methods: (1) submitting an application in person at one of SSA’s more than 1,200 nationwide

field offices; (2) contacting a SSA teleservice representative over the phone and relaying the

necessary information; (3) sending a paper application by mail; or (4) filing an electronic

application on ssa.gov (for SSDI and certain concurrent claims only). If the agency requires more

information to process the application, it will contact the claimant by phone or arrange for an inperson interview at the local field office. Claimants must inform and submit all evidence to SSA

related to their impairment as a condition of their application for benefits.234

Claims representatives at SSA’s field offices screen claimants to make sure they meet the

applicable non-medical entitlement factors. For SSDI, non-medical factors include disabilityinsured status, the work activity test (i.e., SGA earnings limit), and the claimant’s relationship to

certain family members. For SSI, such factors include income, resources, living arrangements, the

work activity test (for non-blind claimants), citizenship, residency, and the requirement to apply

for all other benefits. In general, claimants who do not meet the applicable non-medical

entitlement factors are found to be ineligible for benefits and do not receive a disability

determination. SSA field office personnel notify claimants whose applications are denied due to

non-medical factors.

Applications that meet the applicable non-medical entitlement factors are forwarded to the

disability determination services (DDS) office in the area that has jurisdiction for the disability

determination (generally the state in which the claimant resides).235 DDSs, which are fully funded

by the federal government, are state agencies tasked with reviewing the medical and vocational

230

CRS Report R41289, Disability Benefits Available Under the Social Security Disability Insurance (SSDI) and

Veterans Disability Compensation (VDC) Programs.

231

CRS Report R44580, Workers’ Compensation: Overview and Issues.

232

SSA, “Revisions to Rules Regarding the Evaluation of Medical Evidence,” 82 Federal Register 5848, January 18,

2017, https://www.gpo.gov/fdsys/pkg/FR-2017-01-18/pdf/2017-00455.pdf.

233

This report describes the initial disability determination process for claims with a filing date on or after March 27,

2017. Claims with an earlier filing date are evaluated under somewhat different rules. See 20 C.F.R. §§404.1527 and

416.927.

234

20 C.F.R. §§404.1512 and 416.912.

235

See SSA, POMS, “DI 22501.002 Responsibilities for Case Development of Disability Claims,” March 23, 2016,

http://policy.ssa.gov/poms.nsf/lnx/0422501002.

Congressional Research Service

39

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

evidence and issuing the disability determination for SSA.236 Although DDS workers are state

employees, they make the disability determinations based on federal law, regulations, and SSA’s

policy guidance. DDSs are located in the 50 states, the District of Columbia, Puerto Rico, Guam,

and the Virgin Islands, and they employ approximately 15,000 state workers.

The disability determination for both types of benefits is made based on evidence gathered in an

individual’s case record. Disability examiners—with the help of medical or psychological

consultants (who are licensed physicians, psychiatrists, or psychologists)—typically use evidence

collected from the claimant’s own medical sources to evaluate the existence and severity of the

claimant’s impairment(s).237 However, if the medical evidence is unavailable or insufficient to

make a determination, disability examiners can schedule a physical or mental examination or test

from a medical source to obtain the necessary information. In such cases, SSA pays for the

consultative examination (CE).238 The initial review generally does not involve a face-to-face

meeting between the claimant and the adjudicator (i.e., the claim is decided based solely on the

evidence in the claims file). After considering all medical and other evidence, the DDS agency

issues a disability determination and returns the case to the SSA field office. If the claim is

approved, the SSA field office sends out the initial award notice and begins processing the claim.

If the claim is denied, the DDS agency prepares a personalized disability explanation and notifies

the claimant of the decision.

Disability Determinations for SSDI and Adult SSI Claimants

The Social Security Act gives the Commissioner of Social Security broad authority to promulgate

regulations specifying the standards, administrative requirements, and procedures used in

conducting disability determinations.239 Under its regulations, SSA employs a five-step sequential

evaluation process to determine whether a claimant’s medical condition meets the definition of

disability prescribed in the act for SSDI and adult SSI claimants (Figure 5).240

Each step in the process is followed in a set order. If SSA finds a claimant disabled or not

disabled at a given step, the initial disability determination process is completed and a decision by

the agency is made. If SSA cannot find a claimant disabled or not disabled at a given step, the

agency proceeds to the next step.

236

Sections 221(a) and 1633 of the Social Security Act; 42 U.S.C. §§421(a) and 1383b.

See SSA, POMS, “DI 24501.001 The Disability Determination Services (DDS) Disability Examiner (DE), Medical

Consultant (MC), and Psychological Consultant (PC) Team, and the Role of the Medical Advisor (MA),” December 8,

2017, http://policy.ssa.gov/poms.nsf/lnx/0424501001.

238

SSA, “Consultative Examinations: A Guide for Health Professionals,” https://www.ssa.gov/disability/professionals/

greenbook/ce-guidelines.htm.

239

Sections 221, 223(d), and 1614(a)(3) of the Social Security Act; 42 U.S.C. §§421, 423(d), and 1382c(a)(3).

240

20 C.F.R. §§404.1520 and 416.920. See also Bernard Wixon and Alexander Strand, Identifying SSA’s Sequential

Disability Determination Steps Using Administrative Data, Research and Statistics Note no. 2013-01, June 2013,

https://www.ssa.gov/policy/docs/rsnotes/rsn2013-01.html. Moreover, see Tom Johns, branch chief, Disability Quality

Branch Office of Quality Performance, Dallas, SSA’s Sequential Evaluation Process for Assessing Disability,

https://www.ssa.gov/oidap/Documents/

Social%20Security%20Administration.%20%20SSAs%20Sequential%20Evaluation.pdf.

237

Congressional Research Service

40

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Figure 5. Initial Disability Determination Process for SSDI and Adult SSI Claimants

Source: CRS, based on Subpart P of 20 C.F.R. §404 and Subpart I of 20 C.F.R. §416.

Notes: The term SSDI includes disabled workers, disabled widow(er)s, and disabled adult children of retired,

disabled, or deceased workers. In 2018, the SGA earnings limit is $1,180 per month for non-blind individuals and

$1,970 per month for statutorily blind SSDI claimants.

Step 1. Work Activity Test

The SSA field office assesses whether a claimant’s level of work activity constitutes SGA.241 In

2018, most claimants are found able to engage in SGA if their countable earnings average more

than $1,180 per month.242 Countable earnings equal gross earnings minus applicable exclusions.

Blind SSDI claimants are found able to perform SGA if their countable earnings average more

than $1,970 per month. (SGA rules do not apply to statutorily blind SSI claimants.)

To determine countable earnings, SSA first documents a claimant’s gross earnings for each month

during the relevant period of work.243 The agency then considers whether the claimant’s work was

241

20 C.F.R. §§404.1571-404.1576 and 416.971-416.976.

SSA applies special rules in evaluating the countable income of self-employed claimants and the countable earnings

or income of statutorily blind Social Security claimants who are aged 55 or older.

243

Certain compensation is not counted as earnings for SGA purposes, such as vacation or sick pay.

242

Congressional Research Service

41

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

performed under any special conditions, such as in sheltere

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.