Social Security disability
Disability benefits in Delaware
Social Security rules are the same in every state. This page covers what is different in Delaware: who decides your claim, state money added to SSI, Medicaid, hearings and free help.
You have 60 days to appeal each decision, plus 5 days for mail.
Who decides your claim in Delaware?
Disability Determination Services (DDS)
This state office handles Delaware residents' claims for Social Security disability. It decides if you meet Social Security's definition of disability and the medical rules for SSDI or SSI. Social Security checks the other rules.
- Part of
- Delaware Department of Labor, Division of Vocational Rehabilitation
- Phone
- (866) 778-5364
- Fax for records
- (866) 373-8089
- Disability Determination Services, Creekwood Office Complex, 920 W. Basin Road, Suite 300, New Castle, DE 19720
Does Delaware add money to SSI?
State Supplementary Payment (residential care)
Delaware adds money to SSI only for people who live in a certified adult residential care facility, assisted living facility or adult foster care home. People in other living situations get no state supplement.
Paid by: Social Security, together with your SSI payment
| Who | State part | Total per month with SSI | Effective |
|---|---|---|---|
| Individual in a certified adult residential care facility, assisted living facility or adult foster care home | $140 | $1,134 | January 1, 2026 |
| Couple in a certified adult residential care facility, assisted living facility or adult foster care home | $448 | $1,939 | January 1, 2026 |
The total uses the federal SSI amount for that living arrangement. For people living on their own, the federal SSI part is $994 a month for one person or $1,491 for a couple in 2026. In another person's household or in a medical facility it is less.
- How to apply
- The state must show Social Security that you live in a certified home. Social Security then adds the supplement to your SSI payment.
- Contact
- Social Security Administration
1-800-772-1213 (TTY 1-800-325-0778)
https://www.ssa.gov/apply/ssi
Medicaid in Delaware
If you get SSI in Delaware, you get Medicaid. You do not need a separate Medicaid application. Your SSI award letter will say you will hear from the state about Medicaid.
- Program
- Delaware Medicaid (Diamond State Health Plan)
- Medicaid agency
- Delaware Health and Social Services, Division of Medicaid and Medical Assistance (DMMA)
https://dhss.delaware.gov/dmma/
302-255-9040 (general information)
Medicaid for working people with disabilities: Medicaid for Workers with Disabilities (MWD)
MWD gives full Medicaid to some people with disabilities who work, even if they earn too much for other Medicaid. You must live in Delaware, be 16 to 64, meet Social Security's disability rule, have a job (full-time or part-time) and pay FICA payroll tax. In 2026 your unearned income (such as Social Security) must be $1,416 a month or less. Your total countable income must be at or below 275% of the federal poverty level ($3,658 a month for one person, $4,960 for a couple, in 2026). There is no resource limit. There is no premium since July 1, 2024. Call 302-424-7190 (TTY 711) to ask for an application.
https://dhss.delaware.gov/dmma/home/medicaid/medicaid-for-workers-with-disabilities-program/
Medicare Savings Programs
Delaware's Qualified Medicare Beneficiary programs help pay Medicare costs: https://dhss.delaware.gov/dmma/home/qmb/
State disability and paid leave in Delaware
Delaware Paid Leave
- Run by
- Delaware Department of Labor (Delaware Paid Leave)
- Who it covers
- Workers who work mostly in Delaware (60% of their time or more), have worked for their employer at least 12 months, and have at least 1,250 hours in the last 12 months. It covers your own serious health condition or injury, caring for a family member with a serious health condition, a new child, and a family member's military deployment. Employers with 25 or more employees in Delaware must give all leave types. Employers with 10 to 24 employees only have to give parental leave. Employers with 9 or fewer employees are exempt.
- Benefit
- Up to 80% of your wages, up to $900 a week. For your own serious health condition: up to 6 weeks every 24 months. No more than 12 weeks of all paid leave types in a year.
- How to file
- Verify your identity, register in the Delaware LaborFirst Claimant Portal (my.delaware.gov), and file a paid leave claim. The portal asks for your job, the dates and type of leave, and health care information. Questions: [email protected].
- Starts
- January 1, 2026
- Phone
- 302-761-8375
Hearing offices and federal court in Delaware
1 hearing office serves Delaware. Hearing office locator (Social Security)
Dover, DE Hearing Office
Hearing office
- Address
- Blue Hen Corporate Center, 655 S. Bay Road, Suite 3i, Dover, DE 19901
- Phone
- (877) 405-3671
- Fax
- (833) 414-0625
Federal district court
If you appeal to federal court, you file in the district court that covers your county.
U.S. District Court for the District of Delaware
Court help for people without a lawyer
Counties covered (3)
- New Castle
- Kent
- Sussex
Free help in Delaware
Protection & Advocacy agency (P&A)
Disability Rights Delaware / Community Legal Aid Society, Inc. (CLASI)
- Phone
- 302-575-0690 (Disability Rights Delaware; main 302-575-0660, TTY 302-575-0696)
- Website
- https://www.declasi.org/
Legal aid
- Legal Services Corporation of Delaware
https://www.lscd.com/ - Community Legal Aid Society, Inc. (CLASI) · 302-575-0660 (toll-free 800-292-7980)
https://www.declasi.org/
Benefits counseling and work (WIPA)
- Full Circle Employment Solutions LLC · 1-888-466-2942 ext. 20
https://www.fullcircledc.com/
Vocational Rehabilitation (VR)
Division of Vocational Rehabilitation (DVR), Delaware Department of Labor
- Phone
- (302) 761-8275
ABLE savings account
DEPENDABLE - Delaware ABLE Plan
Good to know in Delaware
- Delaware Paid Leave began paying claims on January 1, 2026. It can pay up to 80% of wages, up to $900 a week, including for your own serious health condition. (Delaware DOL)
- Delaware's SSI supplement is only for people in certified residential care, assisted living or adult foster care homes: $140 a month for one person in 2026. (POMS SI 01415.058C)
- Delaware stopped charging premiums for Medicaid for Workers with Disabilities on July 1, 2024. (DHSS)
Recent changes
July 1, 2024: Medicaid for Workers with Disabilities premiums ended (DHSS). January 1, 2025: Delaware Paid Leave contributions began. January 1, 2026: Delaware Paid Leave claims and benefits began (Delaware DOL).
More RobinClaim guides for Delaware → · All states
Sources
- SSA POMS SI 01415.058 - Federally Administered Optional Supplementary Payment Programs for January 2026 (Delaware, section C)
- SSA POMS SI 01715.010 - Medicaid and the SSI Program
- Delaware DOL - Disability Determination Services
- DHSS DMMA - Medicaid for Workers with Disabilities Program
- DHSS DMMA - Qualified Medicare Beneficiary Programs
- Delaware DOL - Delaware Paid Leave
- Delaware DOL - Delaware Paid Leave: Employees
- Delaware DOL - Office Locations (DVR phone)
- Delaware State Treasurer - DEPENDABLE (Delaware ABLE Plan)
- NDRN - Member Agencies (Delaware)
- CLASI - Contact Us
- LSC - Our Grantees
- 28 U.S.C. §87 - Delaware (govinfo)
- Social Security: office locator
- Social Security: hearing office locator
Last checked: November 2026