Never understand what is happening in the mind: Mental Health conditions and Social Security Disability
Mental Health conditions are some of the most devastating conditions that can afflict a human beings. Most of the time when we hear about them, they usually are in relations to two circumstances:
1) Somebody popular
Chynna Phillips of the pop group Wilson Phillips checked herself into rehab for anxiety over the weekend, her manager, Lizzie Grubman, tells PEOPLE exclusively.
2) Something traumatic
Thursday, Joseph Andrew Stack flew a small airplane intentionally into an IRS building. The IRS had 199 people who worked there. Joe Stack set his house on fire, left what is being considered a suicide note, and then flew his Piper Cherokee PA-28 into the Austin, Texas IRS building.
The brain is always going to be considered a mysterious organ. Of all parts of the body, this part is the one that continues to baffle the medical community. So it should come to know surprise that it can be difficult to ascertain the severity of a mental health conditions.
The mental health community relies heavily on a variety of different diagnostic testing, personal history, and mental status examinations to try to get a picture of how severe the mental health condition may be. It’s tough but the information these providers obtain is valuable and necessary if you are attempting to obtain medical benefits.
Regularly, I get asked by my clients what types of things does Social Security look for when trying to determine the severity of the medical condition. Here’s a few things you should consider:
1) The type of doctor tells alot.
I hate to tell you but SSA tends to give a bit more deference to a Psychiatrist or a Psychologist who is treating your mental health condition. There is nothing wrong with your family doctor but a specialist (Psychiatrist or a psychologist) tends to get greater favor. Now, before you ask, there is nothing wrong with going to a Mental Health counselor. However, it is helpful if the counselor is working with you in conjunction with a psychiatrist as part of a mental health plan.
2) The type of medicine you take says alot
Some medications give a clear indication of the significance of your mental health condition. There’s nothing wrong with Paxil or Zoloft. However, Risperdal and Geodon gives an indication of a much more serious mental health condition.
3) The BIG 4 things you need to know (Concentration, Memory, Crowds, Stress)
These are normal questions that are asked that you should give some thought to HOW you are going to respond. How is your concentration? Do you forget things? If you do, what do you do if you need to remember things? How are you around crowds? How many people is TOO many people?
4) Other THINGS MATTER
You have to remember that how you function in your day to day life matters. If you say that you can’t be around more than one person att a time but you go to church every other day (where you would expect to be MORE than one person), your response may be viewed as suspect.
5) Involuntary Admission
In Florida, the term “BAKER ACT” refers to an Act that permits for the involuntary admission of an individual into immediate psychiatric care for a short period of time. Every state calls it by a different name but this usually refers to a situation where a person expresses an intent to harm him or herself or someone else. These admissions may indicate the presence of something more severe.
6) STAY AWAY from the DRUGS (ILLEGAL DRUGS)
Let me blunt. Mental Health and Illegal drugs don’t mix. And when you’re applying for disability, you force SSA to try and figure out WHAT came first (the drugs or your mental health condition) and more important, do you get better if you’re NOT using drugs.
Like I said in the beginning, mental health disorders are tough and millions of people affected by these disorders are able to live productive and functioning lives. However, it’s important to realize that if you’re alleging that you are disabled due to your condition, you must understand that the few things I mentioned above may have a lasting impact on your ability to obtain disability benefits.
The hardest part about proving you’re disabled is relying on the medical treatment you are STUCK with
Today, a report was issued regarding the healthiest counties out 3000 counties nationwide.
Overall, the report found least healthy counties have childhood poverty rates more than three times higher than the healthiest counties. Residents of the least healthy counties are 60 percent more likely to be hospitalized for preventable conditions, a sign of poor primary care. A third of zip codes in the least healthy counties have at least one grocery store, compared to almost half of zip codes in the healthiest counties.
http://www.countyhealthrankings.org/
Of course, this information is probably not going to be broadcast on twitter, facebook or myspace. And with the winter olympics and the BACHELOR going on, few will truly appreciate the impact of this report.
What does this report tell you? Quite simply, as stated in one article, “Looking at each state’s best and worst further illuminates a well-known trend: The least healthy counties tend to be poor and rural, and the healthiest ones tend to be urban or suburban and upper-income. ” http://www.chicagotribune.com/health/chi-ap-us-med-countyhealth,0,2482605.story
Unfortunately, this doesn’t help the millions of people who are applying for Social Security Disability benefits. Why am I stressing this point? Quite simply this. The person bears the burden of proving they are disabled. The government doesn’t have to prove a thing. However, this presents a unique situation when you are sick, you aren’t working and you ‘DON’T HAVE INSURANCE’. So what do you do when you have those things striking against you? Well, you can either go to the free clinic, go to the Emergency Room, or get on the county health insurance.
Here’s how it gets tricky but you gotta try:
1) Ask about free clinics
You gotta ask your health care provider, the ER, social worker, county services, or non profits about free medical clinics. I always tell people that free medical treatment is better than NO medical treatment.
2) Find out if you qualify for county health insurance
Every county is different so you want to check to see if you qualify for any type of medical insurance that the county may offer. You don’t know unless you try. AND, if it’s available in your county but you haven’t tried to get it, it may count against you.
3) if you have a “SHARE OF COST”, make sure you understand what it means
A ‘SHARE OF COST’ basically means that you are responsible for a certain amount and anything above that, the government will pay. However, it gets funky because some people don’t understand how that works so you want to make sure you get a complete explanation so you can get treatment.
4) Go to the ER if your condition gets worse.
The Emergency Rooms are flooded every day. Unfortunately for some people, the only primary treatment they can get IS the ER. Don’t be afraid to go to the ER. At least you can get something if you HAVE to get treated.
5) Make SURE you tell SSA that you’ve done ALL of these things
I can’t tell you how many times I’ve had people who literally didn’t do anything. They didn’t go to the county. They didn’t go to the ER. They didn’t go to the free health clinic. AND YET THEY STILL say they can’t get any medical treatment. You gotta try in order to show SSA you made the effort.
I know that is difficult but you have to make the best of what you have available because in the long run, only YOU can prove that you are disabled.
Please don’t OVERTHINK those Social Security Disability forms!!
Like most administrative processes, Social Security Disability is VERY paper work heavy. After you have applied for disability benefits, you will receive a CRAP load of forms to complete. Work history forms, pain forms, mental forms, 3d party forms. If it relates to your condition, you will get a form about it.
However, I can’t tell you how many times people get these forms and LITERALLY lose their minds. Now, I’m not trying to be ’stank’ but these forms tends to frustrate people when they receive them.
In an attempt to calm your mind, here’s a few things to think about when you get these forms:
1) If you ADD stuff that you didn’t you didn’t previously mention, SSA will have to investigate
People always feel the need to “throw in the kitchen sink” when it comes to their conditions. I’m a firm believer that SSA needs to be aware of all conditions that affect your ability to work. However, you have to be smart. NOT every condition is going to affect your ability to work. So be mindful, focus your attention on those conditions that affect your ability to work. Remember, if you add it later, SSA is going to have to investigate it (Which means more time).
2) Keep copies so you can remember what you put before.
COPIES! COPIES! COPIES!! SSA will send you duplicate forms all the times. So unless you have a great memory, you’re probably not going to remember what you put on a form 3, 4, 5 or 6 months ago. Keep a copy so that you have something to refer to when the time comes.
3) It’s not that crucial. The question says what it says. DON’T READ INTO IT!!
If the question is asking “Can you cook your own meals”, that’s what the question SAYS!! These questions are not MISSION IMPOSSIBLE or 24. Stop spending so much time ANALYZING the question and thinking that you are going to ‘Out Smart’ SSA. Just answer what is being asked and move on.
4) If you don’t fill out the forms, you are just adding time to process.
So many times, I have people who refuse to fill out forms. These people either get mad because they are tired of filling out the forms or they think SSA has what they need. I got news for you. If you don’t fill out the forms, you’re either adding time to your process or risk getting a quick denial.
5) Say EXACTLY what it wants. NO MORE! NO LESS!!
This statement goes back to my “stop analyzing’ statement. IN addition, don’t use these forms as a chance to make your situation look worse than it is. If your back hurts 2 to 3 hours a day, don’t say that your back hurts 8 to 10 hours a day. Say what it actually is.
6) Stop whining about the fact that you filled out the same thing already. THAT’s THE IDEA!!!!
People, SSA is LOOKING for consistency in your statements. They are looking to see whether your statements regarding your condition (as you report it) is consistent. I know that it is easy to get frustrated when you keep filling out the same things over and over again. However, this paper work trail is designed to assist SSA in determining if your condition is the way you say it is.
7) Don’t stress about what you put down. You already sent it out so let it ride.
When you send the forms out, don’t lose your mind. You’ve written down everything so trust what you’ve written. Don’t stress on it. Just send it.
I know this post may seem a little harsh. Unfortunately, it is a necessary process and the system is not designed to BEAT you so don’t act like it is. Remember, you bear the burden of proving you are disabled. They won’t know unless you tell them accurately.
The ALMIGHTY ‘Date Last Insured’ Mystery: What the hell is a DLI??
Ok, of the almost 9 years of practicing Social Security Disability law, this question is one that I usually have to take a minute to really explain. Most people don’t even know what it is until they get a letter from SSA during the disability process telling them about it. When they get a letter that talks about it, it will usually say one of two things:
1) You are ineligible for Social Security Disability because you don’t have enough quarters of coverage.
2) You have provided insufficient evidence to demonstrate you became disabled before this date ____________.
If you get either of these two types of responses in a letter from Social Security, this usually means that you have a “Date Last Insured” issue or what is referred to as a DLI.
For those of you who have seen this phrase but don’t know what it means, I’m going to give you the technical definition and then the REEVES explanation.
Technical Definition:
DLI is the last day in the last quarter when disability insured status is met. As of the DLI the individual must be fully insured or deemed fully insured, and must meet the appropriate disability insured test. A per has DIB insured status if he or she:
- Has at least 20 QC’s during a 40 quarter period ending with the quarter the waiting period begins; and
- Is fully insured in that quarter.
Onset development can be curtailed if:
- The DIB claimant clearly does not meet disability insured status as of the AOD or later; or
- The DIB claimant does not meet disability insured status based on information on the earnings record and any lag wages;
Social Security Administration Programs Operation Manual System
REEVES explanation:
Ok, i’m sure alot of you are reading the technical portion and are having a ‘Scooby Doo’ moment!! ARROOO??? Let me make it a little easier. When you work, you pay into Social Security. This payment is more than just retirement. This payment insures that you have disability coverage in the event you can’t work due to your disability. Now, in order to be fully covered, you have to worked for a certain dollar amount. Once you have achieved this dollar amount, you are covered for a period of time (Even if you stop working). So it’s like this, let’s say that you worked for 5 years and stopped in December 31, 2003, according to SSA (and this is a ROUGH approximation), your COVERAGE would extend to December 31, 2008. Now, here’s where it gets tricky. Using the example I just provided, here’s a few questions that pop up:
a) I became disabled on January 1, 2009. What does that mean and what should I do??
This situation is the one that comes up ALOT. You get the letter that says that they don’t have any evidence to demonstrate that you are disabled before DLI (In this example, 12/31/2008). As such, you have three options. The first is to amend your onset date to before 12/31/2008 and try and obtain evidence BEFORE 12/31/2008. The second is to drop your claim for DIB. The third is to try and convince SSA to relate back.
b) I became disabled on December 1, 2008 but my first medical evidence isn’t until Feb. 1, 2009. What do I do??
This situation is the typical “relating” back situation. This situation is tough because you are literally asking the SSA to ASSUME that your condition is bad as it was at the time you started getting medical treatment. Unfortunately, this answer is not simple. Sometimes, a doctor can complete a statement indicating that you were disabled in the past and give statements to support that opinion. If your condition is one that could reasonably be expected to have been disabling in the past (i.e. IQ), a judge may be able to make that assumption. Sometimes, a medical expert may be called in by SSA to review your records to determine if they can go back.
c) I became disabled on December 30, 2008. Am I covered?
Of course, if you are able to demonstrate that your condition became disabling BEFORE 12/30/2008, then you should be covered by the Social Security Administration.
d) If I am disabled on December 30, 2008, will be disability END on December 31, 2008?
So for those of you who are freaking out and thinking that you will only get a DAY of benefits, this is not true. By demonstrating that you were disabled before the ending of your insurance status, you will not be eligible for disability benefits going forward (Unless SSA determines an end date for a closed period but that’s another post)
e) What if I get disability, get better and get off of disability but then I need to go back on it again. Am I stuck?
Most people don’t realize that your disability insurance status literally FREEZES. As such, this status takes into account the possibility that the person may get better. It’s important that if you are receiving benefits and you get better, ask SSA when your new DLI would be if you stop receiving disability benefits.
Ok, now I have spent alot of time talking about what happens if you have issues with the DLI. Now, what happens if you DON’T have a DLI. This situation usually comes up when you didn’t even know that you hadn’t the requirements. This situation gets goofy because it usually falls under two scenarios:
1) You didn’t have enough quarters
Unfortunately, this situation is pretty much a lock because you either Have them or you don’t.
2) Some of your earnings were not reported.
This situation provides a little more wiggle room. Sometimes, you may be aware that you have coverage but some body didn’t report the information or didn’t report your earnings. If this situation arises, you need to notify SSA to possibly correct this information.
I know this post was kind of long but I can’t tell you how many people have found themselves frustrated because they didn’t know that their disability status was affected by their earnings. I hope this clears up a few things.
I don’t have $20,000! Why do I OWE Social Security money for some overpayment and how can I get out paying this money?
OOOOOOOO, WE! This situation is one that I rarely like to mess with when it comes in front of me. Some of you may know what I’m talking about when I say it. You rolling through life. Getting yo swerve ON and then BAM, you get a letter from Social Security saying you owe them ALL KIND OF MONEY!!
I just got one word for that: DAMN!!!
Wait a minute! Let me get back to being professional for a minute. The simple fact is that in some situations, you might get HIT with what is known in the Social Security arena as an OVER PAYMENT! What it means is that SOMETHING has happened that has resulted in the Social Security paying you more than what you were supposed to receive.
Now, I’m gonna hit you with a few Questions and Answers and hopefully it will help you out:
1) Why did it take SSA so long to realize that they were paying me too much?
Let’s be real. SSA handles millions of claimant’s money on a daily basis. I know this sounds silly but it is very possible for them to miss someone who has slipped through the cracks. OR, they may have only been alerted to the problem recently. I know that it stinks to say that “IT HAPPENS”, but it does.
2) What kind of situations could have caused this to happen?
Now, I could write a BOOK just on the number of situations that this occurs. However, let me give you a few common ones that tend to come up:
a. You get a cash settlement
b. You go back to work.
c. You are put in jail.
d. You win the lottery
e. You keep checks for someone who has passed away.
These are just a few but so many times, people THINK that the government should know about these things ANYWAY so they don’t bother to let them know. I tell people all the time that you can’t think like that when you are dealing with the federal government. You gotta keep them in the loop and NOT just think that “The government should know”.
3) Why am I having a hard time finding an attorney to take this case to help me?
I hate to tell people all the time that attorney’s typically work on contingency fee basis so they may not take this case because they can’t make any MONEY on these cases. Some attorneys handle these case but they probably require money up front.
4) I legitimately DID NOT KNOW. What do I do? I can’t live without my check. What do I do?
In the instance that you legitimately DID NOT KNOW or if you would experience a significant financial hardship if they took the money, you can apply for a waiver. You better make sure you bring plenty of documentation to demonstrate your financial stress.
5) Will they take ALL money every month?
This part is where it gets tricky. In most instances, they should only take a portion of your money. However, depending on the circumstances, they may suspend payment of your monthly check until they garnish all of your money. Every program is a little different and it depends on the circumstances.
6) What should I do when I have paid them back?
Track your money. It is important to make sure that you get something in writing that states that your benefits will be reinstated once they have recouped the money or you may be looking at having your benefits terminated.
7) What can I do to make sure this doesn’t happen again?
Notify! NOTIFY! DOCUMENT! NOTIFY! If you come into some money, if you work, if you go to jail or ANYTHING that will have an impact on your financial situation, OPEN YOUR MOUTH and let SSA KNOW!
There is absolutely NOTHING sexy about an overpayment case. However, it’s important that you take aggressive steps to monitor your money and to let them know when situations have changed in your life that may affect your benefits.
What the hell happened to all of my old (Prior) Social Security Applications and why can’t I go back to the old application date?
Oh, I know you know about this one. You get ready for a hearing and you are told that they are going to look at your case from a particular date of application but you KNOW that you have filed a few times before and YOU want to know WHY are they NOT considering those old applications. And why is this important? It’s because you KNOW that you’ve been disabled for a while and you think they need to understand so they don’t cut out your benefits. Will, let me get YOU right so get ready to read!!
Ok, ok, I’m sure quite a few of you have heard me give a break down of different things relating to Social Security but today, I have go over a topic that I get asked THOUSANDS of time. It’s really weird from a technical standpoint so I’m going to break it down into two parts. Part I is titled LEGAL talk and this is where I will discuss the various standards that Social Security relies on to make their determination. Part II is titled BEAT talk and this is the part where I will discuss how people tend to get into this situation and the little things that you do that may impact your ability to get your old application reopened.
PART I - LEGAL talk
If you get denied on your application and you refile, you may be able to request your prior file be re-opened. However, for purposes of my discussion, I’m going to give you a hypothetical scenario so you can see how this work. In the course of the discussion, I will rely on references 20 CFR 404.988, 20 CFR 404.989, 20 CFR 416.1488, and 20 CFR 416.1489.
HYPO: Let’s say that you filed an application on JANUARY 1, 2006 and you got your initial denial on MAY 1, 2006. Here’s what may happen if you re-file again on the below listed dates:
1) RE-FILE DATE DECEMBER 31, 2006 (It should be able to re-open automatically)
The regulations provide that if you re-file a new application, for any reason within 12 months from the date of the notice of the initial determination, it can be re-opened automatically (either by requesting it or SSA may do it by themselves). So under the example I just provided you, since you filed a new application within the 12 month window from MAY 1, 2006, you can re-open your JANUARY 1, 2006 application.
2) RE-FILE DATE JUNE 1, 2009 (Depends on your type of case and it depends on your reason for asking)
Here’s the point where you need to know what kind of case you have. If you have a case under Title II (which is Disability Insurance Benefits), you can request a re-opening because your reapplication occurred within 4 years of the May 1, 2006 determination (4 years from your initial determination in this hypothetical). However, under Title XVI (Supplemental Security Income), you only have 2 years from that date to ask. Since you were denied on May 1, 2006, you had up until May 1, 2008 to file a new application and ask for the old one to be re-opened. Since you re-filed on June 1, 2009, you are not within the window. Now, remember what I said in point #1. Within 12 months of the initial determination, you can ask for it to be re-opened for any reason. Beyond that 12 months (but within the window, DIB within 4 years and for SSI within 2 years), you gotta have a good reason. And here is what they consider:
(1) New and material evidence is furnished;
New meaning something that relates to the period of time to explain WHY you didn’t re-apply right away and it must be relevant (MATERIAL) to your case.
(2) A clerical error in the computation or recomputation of benefits was made; or
(3) The evidence that was considered in making the determination or decision clearly shows on its face that an error was made.
3) RE-FILED because you found out and realized that someone was using your information and SSA applied their information to you.
You can RE-FILE and ask for a Reopening, for any time if,
(1) It was obtained by fraud or similar fault ;
(2) Another person files a claim on the same earnings record and allowance of the claim adversely affects your claim;
(3) A person previously determined to be dead, and on whose earnings record your entitlement is based, is later found to be alive;
(4) Your claim was denied because you did not prove that a person died, and the death is later established—
(i) By a presumption of death; or
(ii) By location or identification of his or her body
PART II BEAT Talk
Alright, now that we got the legal MUMBO jumbo part out of the way, let me get down to the DIRTY and tell you why it is sometimes difficult to get your old applications re-opened:
1) Your last application is so long ago that there is NO way they are going to re-open it.
The one thing I wanted to make clear is that there are timelines for requesting your old applications to be re-opened. I’m sorry if you applied in 1994 and you have been out of work the entire time. However, if you can’t show that there was some fraud involved or someone used your information or something else as referred to above, SSA is NOT going to go ALL the way back to 1994 if you reapplied beyond the SSI (2 year) and DIB (4 year) window.
2) You were in prison during the time between your current applications and your new one.
Now, in theory, if you’re within the period of time, you could request a re-opening. Let’s say under the hypo I provided, you were denied on May 1, 2006, you went to prison on May 30, 2006 and you didn’t get out until November 1, 2007. So you reapplied that day and you want to go back to May 1, 2006. Of course, you got a good reason. You were in prison. You way have a good reason but (under the regulations), they can’t pay you for any time you were in prison. Now, if you have DIB claim where you are indicating that you were disabled up to a year before the application, you may want to request the re-opening. However, if you have an SSI claim, you can only get paid from the date of the application so why would they re-open that old application?
3) “I didn’t know I could appeal”.
I have heard this one a MILLION times. Now, let’s get real. Unless you have a cognitive problem or you have a low IQ or you were under some type of extreme emotional or physical situation, you are probably NOT going to get ANY sympathy from Social Security for the “I didn’t know I could appeal” reason. Those decisions that SSA generate are SO detailed that they explain two or three times about your RIGHT to appeal.
4) “I was going through some things” (You better be specific, dammit, and it better be good and you better have proof).
Now, let’s be honest here. You are going to have some situations where you are in a devastating circumstance. Your loved one died. You went through traumatic divorce. Something of that nature. In some instances, SSA may be sympathetic. However, SSA is not dumb. They are going to want SOMETHING to demonstrate that you did go through what you went through to support your assertion.
5) You were working.
And this is another one I’ve seen. people, the FIRST step of the SSA process is “Are you performing a Substantial Gainful activity?”. In other words, are you working? Say (like under the HYPO), you applied on Jan. 1, 2006. You were denied on May 1, 2006. You went back to work. Now, it’s not that simple. If you only worked a few weeks or you tried a month here and a month there with no success, you might get some sympathy (depending on your reason for not working). However, if you went back to work on May 2, 2006 and worked until June 2008 and you earned $14000 a year but now you’re saying that you were struggling and so you can’t do it, you might get the hoochie lips from SSA. Why? Did i mention that you earned $14000 a year? and OH, SSA knows that you earned $14,000 so if you can’t explain how you worked under some special set of circumstances, you are probably not going to get that old application re-opened.
I I know that so many people find themselves reapplying for disability benefits so I wanted to make sure that I took the opportunity give some insight into how this situation works so you can understand why your old applications may or may not be affected.
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.
Tips for speeding up your Social Security Disability case
Ok, before I get started, let me dispel a couple of quick myths about what WON’T speed up your case. First, even if you hire a representative, this will not guarantee that your case will speed up. Hiring a representative is extremely helpful but it does not guarantee that your case will move forward any faster. Second, a letter from your doctor. If your doctor hasn’t been providing medical records but will give you a letter when you ask for it, you can’t be surprised if your case doesn’t move forward. Social Security relies on medical evidence and a one page letter (or script) from your doctor isn’t always going to help (it may in the long run but probably not immediately).
However, as I stated, I want to provide a few tips that may be helpful to you in getting your case moved forward:
1) When you apply, give them EVERYTHING they need right THEN!!
Social Security usually requires you to fill out a few forms in order to get your claim going. With the internet, you can do everything on line. Complete all of these documents
2) Confirm, copy, and communicate, part 1 (Make sure they have everything).
After you turn everything in, call SSA to make sure that they have what they need from you. The last thing you want to have is a situation where SSA doesn’t have everything that you THOUGHT you turned in to them.
3) Prepare your third parties for the forms and the calls. Third parties can make your life difficult
SSA is going to ask for you to provide the names of people who can tell them about your condition. They may call these people or send them forms. Make sure you let your people know that they should expect a call from SSA. Make sure you let your people know that they need to complete these forms and send them back as fast as possible.
4) Get your doctor right.
Remember, your doctors are very busy. It’s important that you take the time to let your doctor know that you’re applying for Social Security so they can be aware of any forms that may come in and records request.
5) When they (SSA, ODD) call you, LISTEN and DO what they say.
Nine times out of 10 when SSA leaves you a message, they will leave you a message SPECIFICALLY telling you what they want or need. So why are you deleting the message and spending the next 10 days repeatedly calling them back to ask them what they want?
6) Make EVERY appointment.
Remember, SSA may send you to see some of their doctors or have you come in to provide more information. DON’T MISS ONE appointment!
7) Confirm, copy, and communicate, part 2 (Find out what they need).
After a period of time, you may want to contact SSA to find out if there is anything additional that they need. If they are waiting on your doctors or your friends, you may be able to follow up on your behalf to speed up the process.
If your case becomes Critical, let them know.
If you are in a situation where you are in foreclosure or you have a pending eviction or you are unable to purchase food, let SSA know. It may help speed your case.
9) If your case becomes TERMINAL, let them know.
If you have a health condition that has been LIFE THREATENING, let SSA know immediately. Terminal cases tend to move to the front.
10) Do what your doctor says, PERIOD!
Remember, unless you’re a doctor, you didn’t go to med school. Follow your doctor’s recommendations and comply with their instructions.
11) If you move, let them know THAT day.
Also, don’t forget that the first person you should notify of any move you make is SSA. If they don’t know, they can’t be aware. They are going to need to know your whereabouts.
12) Go ON with your life.
Now, I know you are probably wondering how much time these things will shave off the process. Unfortunately, there is no way for me to provide you an accurate number. Just be aware that these things will go a long towards to helping your process move quickly and more effectively.
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.
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