San Diego Social Security Attorney Helping with Concurrent Claims
(San Diego, CA – November 2025) Navigating the Social Security Disability system is notoriously complex. You may have heard of two main benefit programs—Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)—but understanding how they differ, and more importantly, how you can apply for both, is the key to securing maximum financial and medical support. This is where an experienced Social Security attorney becomes essential.
For many disabled residents of San Diego, CA, applying for benefits is not an either/or proposition. A strategic approach involves filing a concurrent claim for both SSI and SSDI. This dual strategy is often the safest and most comprehensive way to protect your long-term future. The fundamental definition of disability—the inability to engage in any substantial gainful activity (SGA) due to a medically determinable physical or mental impairment expected to last at least 12 months or result in death—is the same for both programs.
At the Law Office of Craig A. Fahey, their dedicated SSDI attorney excels at demystifying this process. Their SSDI lawyer will help you understand when a concurrent claim is essential and how to build the strongest possible case.
SSDI vs. SSI—The Core Differences
Before discussing the concurrent strategy, it’s important to distinguish between the two distinct programs administered by the Social Security Administration (SSA). The primary difference lies in their funding and resource requirements.
SSDI is an insurance-based program funded by your work history and FICA taxes paid. Consequently, eligibility for SSDI is determined by a sufficient number of "work credits," and there is no asset limit. Your personal resources, such as savings, investments, or property, do not affect your right to SSDI. Conversely, SSDI leads to Medicare coverage, but only after a mandatory 24-month waiting period following your entitlement date. Securing these benefits requires careful navigation, which is why consulting with an SSDI lawyer is highly recommended.
SSI is a needs-based program funded by general federal tax revenue. Eligibility for SSI is strictly limited by both income and resources (assets). An applicant must generally have a resource limit of $2,000 for an individual or $3,000 for a couple. The significant advantage of SSI is that it grants eligibility for Medi-Cal (California’s Medicaid program), which is often immediate upon approval. The SSI lawyer at the Law Office of Craig A. Fahey is equipped to handle the complex resource and income counting rules of this program.
Why File a Concurrent Claim? The Strategic Advantage
A concurrent claim is when you apply for both SSDI and SSI at the same time. The SSA automatically evaluates you for both programs based on the same medical disability findings. An SSDI attorney views this dual application as the most comprehensive approach. This strategic approach is necessary for several primary reasons, particularly for applicants residing in a high-cost area like San Diego, CA:
1. Immediate Healthcare Access and Medi-Cal in California
The most critical advantage for disabled Californians is immediate healthcare. Facing a severe, disabling illness in San Diego, CA, without coverage can lead to financial ruin. If you are approved for SSDI, you face a mandatory 24-month waiting period before your Medicare coverage begins—a terrifying and dangerous gap for someone requiring ongoing, critical treatment. By also applying for SSI, you ensure automatic eligibility for Medi-Cal (California's Medicaid program), which can be effective as early as the month of your application or the month of your disability onset. Filing concurrently bridges the 24-month Medicare waiting period with immediate Medi-Cal coverage, ensuring you can continue essential treatment and prescription management without devastating medical debt.
2. Maximizing Your Monthly Income (The "Top-Up" Strategy)
Many applicants have a work history, but due to long periods of low wages or part-time work, their calculated SSDI benefit (known as the primary Insurance Amount or PIA) is quite small. If your SSDI payment is less than the combined SSI Federal Benefit Rate (FBR) plus the California State Supplementary Payment (SSP), you may be eligible to receive a supplementary payment from SSI. The State of California administers the SSP to augment the federal SSI payment. When you are approved for concurrent benefits, the SSI program effectively “tops up” your total benefit amount, ensuring you reach a base income level set by the combined FBR and SSP, providing a more livable income in a high-cost metropolitan area. A dedicated SSDI attorney ensures you receive all the benefits you are legally entitled to from both the federal and state programs.
The Critical Role of the Date Last Insured (DLI)
Understanding your Date Last Insured (DLI) is the most technical and often the most challenging aspect of your SSDI claim—and it’s a key reason why filing concurrently is a smart strategy.
Defining Work Credits and the DLI
SSDI is an insurance program funded by FICA taxes. You earn work credits by working and paying into the system—up to four credits per year. To be "insured" for SSDI, you generally must have 20 credits (five years of work) during the 40-quarter period (10 years) ending when your disability began. The DLI is the final date on which you are considered "insured" for SSDI benefits, based on those work credits. If you stopped working a few years ago, your DLI will generally expire about five years after that date. To win an SSDI claim, you must prove your disability began on or before your DLI. If the SSA determines your disability began even one day after your DLI, your SSDI claim can be denied, regardless of how severe your condition is now.
DLI vs. SSI's Needs-Based Criteria
This is where the concurrent strategy provides protection, as the two programs have fundamentally different requirements for the onset date of disability. SSDI requires proof that the disability started before the DLI. If the DLI is missed, the SSDI claim fails. In stark contrast, SSI has NO DLI requirement; the disability only needs to be proven to exist at the time of the application (and ongoing). If your DLI is a close call or if your medical evidence from years ago is weak, applying for SSI alongside SSDI ensures that if the insurance-based claim fails, the needs-based claim remains a viable path to financial stability and vital Medi-Cal coverage. Your SSDI attorney will prioritize proving your DLI date while safeguarding your SSI application.
California-Specific Resource Pitfalls for SSI
While SSDI has no resource limit, SSI is a needs-based program with the strict limits of $2,000 for an individual and $3,000 for a couple. For married applicants in San Diego, this limit is complicated by California’s Community Property Laws.
In California, most assets acquired during a marriage are considered equally owned by both spouses, regardless of whose name is on the title. For SSI, this means the SSA must apply the $3,000 limit to the couple's combined resources. Furthermore, even if only one spouse is applying for SSI, the SSA may only count half of the couple's community property assets toward the applying spouse’s $2,000 limit. The rules are intricate, highly nuanced, and vary by asset type. Beyond assets, the SSA also performs deeming, where they will count a portion of a non-disabled spouse's income and resources as being available to the disabled applicant, even if the non-disabled spouse does not actually contribute it. An experienced Social Security attorney is essential to analyze the exact composition of your marital assets, distinguish between community and separate property, and accurately determine if you meet the SSI resource limit without unnecessary asset divestiture.
The Legal Test—The Five-Step Sequential Evaluation
The SSA uses a rigorous, five-step process to evaluate all claims for disability benefits, including concurrent claims. A SSDI attorney’s job is to build a medical and vocational case that proves you meet this test at every stage:
Are You Working? The first step checks if you are working and if your earnings exceed the Substantial Gainful Activity (SGA) level (which changes annually). If you exceed SGA, the SSA finds you not disabled, and the evaluation stops.
Is Your Condition Severe? The second step requires your impairment to significantly limit your ability to perform basic work activities.
Does Your Condition Meet a Listing? The third step assesses whether your condition meets or equals the severity of an impairment listed in the SSA’s Listing of Impairments (the "Blue Book"). If it does, you are automatically found disabled.
Can You Do Your Past Relevant Work (PRW)? If your condition doesn't meet a listing, the SSA proceeds to assess your Residual Functional Capacity (RFC)—what you can still do despite your limitations. If your RFC prevents you from performing any of your PRW, the evaluation moves to the final stage.
Can You Do Any Other Work? This final, crucial step considers your RFC, age, education, and past work experience to determine if there are any jobs in the national economy you can perform. If the SSA finds you cannot perform any other work, you are found disabled and approved for benefits.
Social Security Lawyer Navigating the Appeals Process
Given that most initial claims are denied, knowing the four levels of appeal is vital. A Social Security lawyer guides you through this complex legal pathway if your initial application is unsuccessful:
The first formal appeal is Reconsideration, where the claim is reviewed by a new examiner who was not involved in the initial denial, using the existing file plus any new evidence. If denied again, the next stage is the Hearing by an Administrative Law Judge (ALJ). This is often your best chance to win, as your SSDI attorney presents live testimony from you, as well as vocational and medical experts, before an independent ALJ. If the ALJ denies your claim, the next level is the Appeals Council (AC) Review. The AC reviews the decision for errors of law or procedure; this review is limited and rarely reverses a decision, though it may remand the case for a new hearing. The final step is Federal District Court Review, where your SSDI lawyer files a civil action in U.S. District Court (San Diego is under the Ninth Circuit Court of Appeals). The Court reviews the record to ensure the SSA’s decision was supported by substantial evidence.
Managing the Application and Overpayment Risk
The Social Security lawyer from the Law Office of Craig A. Fahey can guide an applicant through the claims process. They help initiate a claim immediately to lock in the earliest possible Protective Filing Date, which is critical because it determines how much back pay the applicant can receive for both SSDI and SSI.
Managing retroactive benefits (or "back pay") is complex, particularly concerning the risk of overpayment.
SSDI back pay is typically paid in a lump sum.
Because SSI is needs-based, receiving a large SSDI lump sum while also receiving SSI can temporarily make the applicant ineligible for SSI. This often leads to an overpayment that the SSA will demand back.
A dedicated SSDI attorney helps manage the timing and disbursement of these funds to prevent or resolve complex overpayment issues, thereby protecting the financial award.
Contact the Law Office of Craig A. Fahey for a Free Consultation with a Social Security Attorney
If you are a disabled San Diegan with a complex medical history, low SSDI earnings, or concerns about your Date Last Insured or resources, you cannot afford to navigate the SSDI and SSI systems alone. Contacting the knowledgeable Social Security attorney at the Law Office of Craig A. Fahey is your first step.
The concurrent claim strategy is your best path to financial security and guaranteed healthcare through Medi-Cal and eventually Medicare.
Don't leave your benefits to chance. Put decades of dedicated disability law experience on your side.
Contact the Law Office of Craig A. Fahey today for a free, confidential case evaluation. The firm will review an applicant's work history, calculate the Date Last Insured, analyze the resource profile under California Community Property Law, and determine the optimal concurrent filing strategy necessary to win the benefits.
Media Contact:
Law Office of Craig A. Fahey
4025 Camino del Rio S Suite 336
San Diego, CA 92108
Phone: (619) 280-6565
URL: Disability Attorney | sandiegodisabilitygroup.com
