Is there anything I can do to speed up getting my back pay after I’ve been approved for Social Security Disability?
Happy New year and let’s get ready to rumble!!!!!!!
This question is one that I get on a regular basis. You’ve been waiting for a year or two for your final decision and NOW, you got it. WOOO HOOO! PARTY TIME!!
But HOOOOOOOOLDDDD UP, WAIT A MINUTE! Let me put some BOOM in it
You have to wait! Say wait?? Didn’t you wait almost 2 years to get to this point and NOW, you have to wait some more? What the hell???
Calm down, calm down, there’s a reason why it takes a few months. They have to calculate your back pay. They have to adjust for any money you received in the interim while you were waiting. They have to determine Cost of Living Allowance. They have a lot of calculations and they don’t RUSH them.
However, i’m sure you not coming to this post to read about what the SSA is doing. You want to know what YOU can do to speed up the back pay process. Since it’s not always that neat, let me break it down into 3 categories of benefits (SSI only, DIB / DWC only, or Concurrent). I’m, also, focusing on special situations as well that you may need to know:
SSI Only (SUPPLEMENTAL SECURITY INCOME)
1) Notify your local SSA office as SOON as you get your written decision
2) Contact the SSA office and determine when you can do your resource interview.
3) Take all documents that you need to show your finances with you to the resource interview.
4) Let them know about any finances you received during the time since you applied.
5) Have a bank account ready if you can create a direct deposit.
6) All of your benefits are calculated in the LOCAL office.
DIB / DWC (Disability Insurance Benefits / Disability Widows Claims)
1) Make sure you notify your local SSA office as soon as you get your written decision.
2) For the DIB claim, if you have kids under 18 y/o, make sure you let SSA know so they can calculate the dependent benefits.
3) Benefits under this program under calculated in a payment center outside of the state you are located.
4)) Make sure you let the local office know what your bank account is.
Concurrent claims
1) Concurrent claims are those claims that both SSI and DIB.
2) These claims typically are calculated FIRST in your local office (The SSI part) and the DIB portion is transferred to a payment center out of state for the DIB.
Now, most of these things are fairly straight forward so it’s not a big thing. However, there are few things that might make your claim drag. Here are a few of those things:
1) Do you need a REP PAYEE?
If SSA is requiring you to have someone to handle your money, your claim won’t move unless you give them the name of someone OR they provide someone.
2) Do you owe the County some money for housing?
In most states, SSA and the local County have agreements so they are reimbursed if the County is paying your housing. As such, they may get reimbursed first (This situation is typically for SSI claims).
3) Were you receiving VA benefits? Were they service connected or non service connected?
If you’re getting money from ANY source during the period of disability, your SSI will be affected. However, if you received VA benefits, this may have an impact on your DIB. If it’s service connected, your DIB shouldn’t be affected. If it’s NON service connected, your benefits may be reduced.
4) Were you receiving workers compensation benefits?
If you’re getting money from ANY source during the period of disability, your SSI will be affected. however, if you received Workers Compensation benefits, you will have a definite offset from your DIB benefits.
5) Did you work during the period of disability?
If you’re getting money from ANY source during the period of disability, your benefits will be affected by any work you may have performed during the period of time.
6) Were you receiving Long Term Disability benefits?
I always make it clear to my clients that it is important to contact their Long Term Disability carrier to make sure that you are aware of HOW your policy is affected by receiving Long Term Disability benefiits. It’s tricky because for some policies, your benefits may be affected by the money your LTD carrier was paying.
7) Do you owe Child Support or some other debt that the government can recover?
As I have said in previous post, the Government typically has arrangements with certain state or federal entities to ensure that if you owe money (like an IRS debt or child support), the government will a portion of their money first.
I know this information may be confusing but this information will be very helpful to you in an attempt to get your case paid faster.
Quick Legal info in a BEAT #1: If a person receives SSI, do they have to pay child support?
SSI (Supplemental Security Income) is tricky because it’s a need based program. If a person is on SSI, they are on disability so they are not able to work. Does this relieve them of their obligation to pay child support? Probably not. A court may reduce the obligation based on their inability to work but they may be still on the hook for any arrearages or on-going support obligations. However, unlike the Social Security DIB (Disability Insurance Benefits) program where an individual’s child support obligation may be garnished from their DIB, in some instances, SSI may not be garnished which means the individual would have to pay the child support from their monthly SSI check.
I hope this gives you some Quick Legal info in a BEAT!
Anthony Reeves, Esq.
http://www.reevesfirm.com
Dedicated to representing the disabled and the discriminated
Child Support and Social Security Disability
I can’t tell you how many times this conversation comes up. And it comes from both sides. The person who is getting disability benefits and the person who wants to keep getting Child Support. It gets a little tricky but there are a few things that is very important for people to realize when someone is responsible for Child Support:
1) The child support may go DOWN but it’s not going to go away
Ok, let’s get it poppin! Under Family Law for most states, a person who is required to pay child support may be able to petition the court to reduce their child support obligation based on a material change in circumstances. In other words, if their obligation to pay was based on a certain financial calculation at the time they were working, they may be able to lower their payment if certain circumstances arises that prevents that from being able to pay that amount. I’m pretty sure a disability determination by a Federal agency may be helpful. HOWEVER, just because you’re on disability doesn’t mean that you NO LONGER have to pay child support. The clock still runs and as long as you’re receiving benefits, you are still on the hook to satisfy your obligation. It may be lower but you still have to pay.
2) DIB may be garnished
When you worked and paid into the system, you earned quarters of coverage which allows the Federal Government to pay you based on your earnings. As a result, if you are on disability, you may be able to draw money per month based on your earnings. As a result, most state Department of Revenues have relationships with the Social Security Administration which permits them the ability to garnish a percentage of your disability to satisfy your child support obligation.
3) SSI might not
Most people don’t understand that Supplemental Security Income is a NEED BASED program (in other words, a welfare program). As a result, when you apply, you usually a) don’t have enough quarters of coverage from your own earnings, b) are disabled, and c) are so poor that you need the monetary assistance to survive. In some instances, SSI may not be able to get disability benefits because this program is need based.
4) If you got back pay, they can garnish that, too.
Most people think that once they get on disability, they are exempt from child support or any back support. In some instances (usually with Disability Insurance Benefits), the Department of Revenue will garnish a percentage of the claimant’s back pay in order to satisfy any outstanding child support arrearages.
5) You gotta be ON disability in order to get it done
Alot of time, people think that as long as they are APPLYING for Social SecurityDisability benefits that they don’t have to pay their child support. First, this almost never works because most judges aren’t moved by an application for Social Security or a letter from your representatives saying that are applying (some judges are sympathetic. Be happy if you got one). Second, until you have a determination from SSA that says you are disabled, the courts may not be sympathetic until you get a decision. Finally, the decision takes so long that the family court is not going to sit there and wait for you to be approved or denied.
6) The Family allowance is not to cover your child support debt (DIB)
Under the DIB program, if you have kids, you may receive an additional amount of money for your children. However, this extra amount of money is not amount to satisy your child support debt. Sometimes, people think that this extra money goes towards that obligation. One, the extra money goes where your child is. Two, the extra money is NOT designed to cover your support obligation. Three, you are STILL responsible for child support.
7) You have no choice. The Government will take your money if you owe child support.
If you are on the DIB program, the State will garnish a percentage of your money. I hate to be the bearer of bad news but you have NO say so in the matter. You can appeal and tell them that you need to lower the percentage (good luck with that) but the reality is that states and the federal government have a relationship to ensure that you satisfy the obligation.
Child Support and Social Security can sometimes work funny with each other. However, the reality is that the Child Support obligation doesn’t go away just because the person is on disability. However, SSI programs are for those people who really NEED money because they are financially destitute so there is no guarantee that those funds may be garnished. Disability may not exempt you from your obligation, however, the program you fall under may impact the child’s aiblity to receive it.
Let me tell you WHY you can’t run DIRTY with Social Security
For those of you who may be a little perplexed by the phrase “RUN DIRTY”, allow me the opportunity to clarify. “Running dirty” is a phrase to denote doing something illegal, wrong, or against the policies and procedures. I use this phrase whenever I’m talking about people who are trying to be sneaky and get Social Security Benefits at the same time. I, also, use this phrase whenever I’m talking about people who decide to WITHHOLD evidence from Social Security in an attempt to make their case better.
Interestingly enough, I’m surprised by the number of people who TRY and then ACT SURPRISED when they get caught. If you’re thinking about ‘RUNNING DIRTY’, here’s a few things that you need to consider:
1) The PAPER gets you EVERY TIME!! Most people don’t realize that part of the reason Social Security has you fill out so many papers is that they are checking for consistency. They want to ensure that you are not changing your story up every time.
2) The MEDICAL RECORDS get you EVERY TIME! People forget that Doctors and Nurses are very diligent and detailed in their record keeping. So you need to be aware of the fact that if you tell your doctors something that relates to your health condition (like the fact that your back hurts from working all day! OOPS, you didn’t tell Social Security), this information may appear in your records.
3) The LABS / X-RAY / TESTS don’t lie! Now, if you KNOW you’re doing illegal drugs and you go to the hospital, why would you still lie? They take toxicology information on you through labs and this stuff will always come forth. Also, you can lie about alot of things but your tests (X-Rays, MRI, Labs) will typically provide the actual results for more of your situations.
4) You don’t know WHAT your 3d parties will say! You typically have to provide the names of individuals who can speak about you and your condition. Contrary to HOW hard you try, you don’t really know WHAT they will say when Social Security talks to them.
5) The POWER of the FEDS! Do you have ANY idea of the number of systems the Social Security Administration has access? If you go to jail, they know! If you owe child support, they know! If you return to work, they know! There’s a lot of systems that alert Social Security to things that relate to your Social Security case so you need to be aware.
Social Security is a complicated system and since you’re applying for Federal Benefits, it’s important to be mindful of the fact that your actions may have an impact on your case. If you’re deciding to take some action that you KNOW you’re not supposed to do, be mindful! It may CATCH you in the end.
The little things that may affect your Social Security Benefits AFTER you win your case
Watch out dere now! It’s PARTY TIME! You’ve applied for disability benefits. Now, after several months or several years of forms, doctor’s appointments, questions/answers, and waiting, you have FINALLY been approved. YAAAAY!! It’s amazing how people are so dedicated to doing what it takes to get their benefits. After a long and stressful process, you have finally arrived.
Now here the comes the song you’ve been waiting for, “MONEY, MONEY, MONEY!!!”.
However……………………….
Here’s the part of the process that usually throws people off. People don’t realize that there are ALOT of ‘little things’ that may effect not only HOW MUCH money you will get but it may also effect if you get any AT ALL!!!
Before you get ‘Coo Coo for Cocoa Puffs” and start counting all that “CHEDDAR” you THINK you’re going to get from the Disability process and all of that back pay, here’s a few things that you need to remember so you don’t get your feelings hurt:
1) WARRANTS. Most people know that if you’re in jail or incarcerated, you’re not entitled to benefits. What most people don’t know is that if there is a WARRANT for your arrest, this warrant has the same effect as if you were arrested. So what does that mean? That means if there is a warrant for your arrest, the Social Security Administration may not administer your benefits until you get that Warrant resolved. Get it fixed or no money for you.
2) CHILD SUPPORT. Please don’t sit over and think that just because you are disabled, you are exempt from paying your child support. Even more so, if you owe BACK child support, most states have arrangements through their Department of Revenue and the Social Security Administration to garnish some of your back pay. So if you’re thinking you’re going to get a JAMMING back pay check but you owe child support, your check may be smaller than you think.
3) WORKERS COMPENSATION. Workers Compensation cases and Social Security Administration cases tend to go hand and hand. However, in some instances, if the combined amount of mothly amount of your WC benefits and your SSA benefits is greater than 80% of your Average Current Earnings, you may see a REDUCTION in your benefits to compensate for the difference.
4) VETERANS BENEFITS. Veterans benefits fall into two separate categories: Service Connected and Non Service Connected. If you are receiving Service Connected benefits, you may not see an impact on your Disability Insurance Benefits (SSI is totally different. Go to Bullet 15 for a discussion). However, if the benefits of the VA are NON service connected, these benefits may possibly reduce the amount of DIB benefits you’re entitled to receive.
5) LONG TERM / SHORT TERM DISABILITY BENEFITS. This portion is usually very tricky because every Long Term / Short Term Disability policy is different. It’s important to ask your disability carrier what impact receiving SSA benefits will have on your LTD/STD policy. For some policies, it’s a one to one reimbursement. This reimbursements means if they were paying you during months when SSA should have been paying you, they want their money back for that period. So, for instance, if your LTD/STD carrier was paying you $1000 a month from Jan. 2008 to Jan. 2009 and you get SSA benefits retroactive from Jan. 2008 in the amount of $1200, your carrier MIGHT require a reimbursement for the same time period. Check your carrier just to make sure.
6) WORK & SSA don’t always mix. I always have at least one or two people who want to be slick and try to draw a disability check and work a little bit at the same time. The SSA does allow for what is called “A trial work period” (Please comment if you want me to discuss that in greater detail). However, after a certain period of time, SSA may wonder if you are REALLY disabled or not.
7) MEDICARE. If you’re getting Social Security Disability, you may be entitled to receive MEDICARE. Medicare is NOT free. A small portion of money is taken out of your check every month in order to pay for your medicare. If you choose to NOT take it and ask for it later, you may face a penalty.
CDR. For those of you who don’t recognize this acronmym, it’s called a CONTINUING DISABILITY REVIEW. It’s like this, Social Security doesn’t expect you to be disabled FOREVER so they are going to come back at some point in time (Usually more than once) to determine if you are STILL disabled. If you’ve gotten better, your check may STOP!
9) FEDERAL DEBTS. Recognize, if you OWE the federal government some money, they gonna GET their money. Don’t think that the government will totally excuse your debt because you’re on disability.
10) SOCIAL SECURITY FRAUD. Most people bust their butts in order to properly demonstrate that they are disabled. However, there are a FEW people out there who are trying to get their HUSTLE on! Recognize that Social Security has a department dedicated to investigating fraud. As such, if you are attempting to defraud Social Security, don’t think you won’t get caught.
11) WINFALL. Now, this particular point really applies more to Supplemental Security Income. A WINFALL is when you get a big lump sum of money unexpectantly. This money could be an inheritance, a settlement, or even the lottery. Now, you’re sitting there with a monthly check and a big sum of money and you’re thinking, BOOM, I’ll just live on my monthly SSI check and ride out with my money in the bank. Unless you have your LUMP SUM of money in some type of special needs trust, that money will be counted against your SSI. What does that mean? THis means until you spend the money down to a particular amount, SSI won’t pay you a DIME!
12) SUSPENSION / TERMINATION. Some of the things that I am addressing may result in your disability benefits being temporarily discontinued. This process is called SUSPENSION. SSA may suspend paying your benefits until you have resolved whatever issue that is effecting your case. However, this suspension is not permanent. If you have not resolved your siutation after a certain period of time, SSA may terminate your benefits. What does that mean? You have to start over!
13) REPRESENTATIVE PAYEE. This portion doesn’t have to focus so much on how much you get paid as much it focuses on WHO is responsible for your money. If you’ve had issues with money in the past, or some psychological issues, or some cognitive issues due to significant pain medications, or you’ve had problems with drugs and alcohol, SSA may determine that someone else needs to handle your money.
14) DEDICATED ACCOUNTS. These accounts are typically utilized in kids ‘ cases. These accounts are tricky because if SSA determines you need to set one up, the requirements for maintaining these accounts are very detailed. You have to be very careful as to what you spend the money.
15) SSI & everything. Most people don’t realize that SSI is a “NEED BASED PROGRAM”. In other words, if you have money coming from other sources, you don’t NEED the money from SSI (and this includes other SSA disability programs).
16) LUMP SUM MAY NOT BE LUMP SUM. Ok, here’s the tricky part. Most people don’t realize that even though you may win your case, you may not get as MUCH money as you think. Here’s an example. Say, you applied for SSI benefits on Jan. 1, 2009 for the first time but you said you had been disabled since Jan. 1, 2005. So SSA approves you. So you think you’re getting all the way back to Jan. 1, 2005, right? WRONG! SSI only pays from the date of the application so your lump sum would be from Jan. 1, 2009 to the present. Let’s use the same example but you applied under DIB. Under the DIB program, you’re entitled to go back before the date of the application. So you think you’re getting all the way back to Jan. 1, 2006, right? WRONG!! DIB only pays up to one year before the application so at best, you’re going to get money from Jan. 1, 2008 to present.
17) COUNTY REIMBURSEMENT. Some Counties, in an attempt to work with those persons who are unable to work, have arrangements with the Social Security Administration. As a result, if you find yourself receiving some type of housing assistance, SSA may automatically deduct money from your benefits (typically the SSI benefits) in order to ensure the County is reimbursed.
18) JAILS / PRISONS. As I stated above (Bullet #1), if you’re incarcerated, you are not entitled to receive SSA benefits. This point gets tricky if you find yourself being arrested because you may not have time to notify SSA. It’s important that your loved ones notify SSA as soon as possible because if you come out and you are still getting benefits, you may owe the government for the time you were incarcerated.
19) APPEALS OF PARTIALLY FAVORABLE DECISIONS. Partially Favorable Decisions or PFD are decisions by the Social Security Administration. These decisions are the governments way of saying that you are disabled but not for the length of time or time period that YOU think you are. You have the right to appeal this decision if you don’t agree. If you do, 3 things can happen. One, you can win and get the entire period you asked for in the beginning. Two, you can lose and SSA and social security will leave your benefits the way they are. Three, SSA can determine that they were wrong and that you were never entitled to benefits. This part is really tricky because if SSA thinks you should have been awarded benefits to begin with, you may have to reimburse SSA for everything they gave you.
I know I covered alot of information but I spend alot of times explaining to people why their benefits are impacted after they’ve gone through a lengthy process to get them. I hope this helps you.
Divorces are RARELY nice
You know, no one ever talks to you about divorce. The reason is that most of us have this romantic idea that when the minister says “Til DEATH do us part”, he means it and you and your spouse means it! That’s the lovely “We are the world” thought process. For all of those glorious couples who have been married for decades or even half a century, this phrase is very truthful.
Now, come out of the haze and let’s get down to the rump shaker. Some people realize that they are not meant to be with each other. There’s nothing wrong with that thought process. However, by the time they get there, they may not LIKE each other too much.
Now, if you find yourself in this position, there are few things that I HAVE to share with you:
1) Nothing personal. It’s just business! Recognize that when you are in a position where you must NOW divorce your significant other, it’s really all about what you can get. Don’t be surprised if that nice, timid, and weak woman or man hires a PITBULL to RAKE you through the coals. It’s nothing personal but they are trying to get as much out of this situation as possible.
2) Stop dwelling. The damage is done! You can’t believe he slept with the tramp! You can’t believe she left you for that idiot! Well! He DID! She DID! The damage is done! GET OVER IT! SO many times, people use the legal system as an opportunity to go to WAR and punish the other person for putting them through those changes! Recognize, the legal system is for you to get an appropriate remedy. NOT WWIII!
3) In the end, it’s all about equity! The idea of an ‘equitable remedy’ is based on the notion of a ‘just’ remedy. The idea of a ‘just’ remedy is putting people in the position to receive the things they are entitled based on fairness. Unfortunately, too many of us feel that we should be given as much as possible (while at first blush, there’s nothing overly wrong with that thought process but you can’t have it all).
4) You can’t bring a knife to a gun fight! I hate to tell you but no matter how smart you are, if you are representing yourself against a seasoned attorney, WATCH OUT! The simple fact of the matter is that most attorneys take care of things like this on a daily basis. I’m not saying you can’t represent yourself. I’m saying that you may not be as well equipped to get as much as possible for yourself when you’re going against someone skillfully trained.
5) Kids make it worse. Parents shouldn’t use their children as leverage or as a weapon but it doesn’t stop them from trying. The simple fact is that parents are emotionally tied to their children and if this can be used by some parents to their advantage, they will.
Divorce can be simple in some instances. You would like to believe that at the end of the day, we can all simply work out our difficulties. Unfortunately, it doesn’t always go the way we plan. Try to be civil when you must part company with your spouse. If you can’t be civil, be prepared.
From LOVE to LEGAL Service: The UNSEXY nuts and bolts of a DIVORCE
“Til Death do us part!”
Those words sounds so romantic when we are standing in front of god (or whoever you worship), our family and our friends. We genuinely believe that we are going to be with that special someone for the rest of our lives.
Sadly enough, the phrase probably should say:
“Til Death or DIVORCE do us part!”
I’m pretty sure that everyone is intimately familiar with the various divorce rates in different parts of the country. Despite these rates, people still find themselves in the unique position of availing themselves of the legal proceedings when things go bad.
If you are one of those individuals who are curious about whether you should explore your legal rights to dissolve your marriage, here are a few things for you:
1) To separate or NOT to separate, THAT is the question. It is important to check your state’s separation requirements. Some states requires couples to be separated for a period of time before they are allowed the ability to dissolve their marriage. Part of this is based on the notion that an appropriate cooling off period may resolve the marriage. In addition, this allows the courts to determine WHO is serious about dissolving their marriage.
2) Have you REALLY lived in that state long enough? Some people will separate and try to relocate to a state that may have more favorable family laws. However, most states have a ‘residency requirement’ which means you would have had to have lived in that state for a particular period of time before you get the opportunity to file for divorce under those state laws.
3) Am I REALLY going to get anything?? Some states have some JAMMING dissolution laws as they relate marital and community property. In addition, these states don’t really care HOW LONG you’ve been married. However, some states are the exact opposite. As a result, just because you have a ’shotgun’ 3 day wedding doesn’t mean you’ll get half of her assets. Nor does it mean that you will get the person’s retirement or automatically get spousal support.
4) The REAL Tug of war: THE KIDS!! If there are children involved, WATCH OUT!! In the best of cases, one parent is taking care of the children already so there is probably not an issue. However, if both parents play an active role in the children’s lives, get ready for a fist fight. Courts don’t usually like to disturb where the child is currently residing but if the non-custodial parent can show that their living arrangement is better, the non-custodial parent may have a shot.
5) If the divorce is dirty, friends may get dirty, too! Listen, friends DON’T like to get in the middle of messy divorces. However, the simple fact is that your friends may have information that may help your case. Your friends can testify if your spouse lives an lifestyle that is harmful to children or has made threatening remarks to you or the kids. It is not pretty but it is a reality.
6) If it’s simple, you may be able to get it done fast! Alot of states have family law assistance programs which enable you to get a divorce on your own. These programs will provide you the forms and the assistance to fill out the forms. These programs are great for short term marrigages or marrigages where there is not alot of assets and no kids.
7) If it’s complicated, get ready to wait! Recognize that if you got alot of assets or if your spouse or YOU are prepared to be a COMPLETE ASS, don’t expect this divorce to be quick. If your spouse is a JERK or you are being a JERK, be prepared for a fight. If you are being nasty, your spouse is going to want to defend themselves just as aggressively. If your spouse is being a jerk, you are NOT going to want to let them run over you.
In a perfect world, you want to believe that you can live happily ever after. If not, you want to, at least, believe that you can walk away from each other amicably. However, this may not always be the case so be prepared if you must get down and dirty.
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