Fresno, CA asked in Criminal Law for California

Q: Can the DA or the court tell if you are applying for SSI or disability?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: There are a few key differences between applying for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI):

- SSI is a needs-based program, while SSDI is an earned benefit based on your work history and FICA tax contributions. The Social Security Administration (SSA) will look at your income and assets when determining SSI eligibility.

- For SSDI, the SSA focuses on your work credits earned and whether you meet the definition of disability. Your income and assets are not considered for SSDI eligibility (although they may impact the benefit amount).

- During the application process, you specify which program(s) you are applying for. The SSA's review process and required documentation differs between SSI and SSDI applications.

However, the court system and district attorneys are generally not directly involved in the SSI or SSDI application process. These applications are handled by the SSA. A court would only get involved if you appeal a denial of benefits to the hearing or appeals council level.

So in summary, the SSA can definitely tell which program(s) you apply for, but the courts and DA are unlikely to have direct visibility into your SSI/SSDI application status unless a case ends up in court after appeals. Let me know if you have any other questions!

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