Should the People of Florida Be Afraid of Rick Scott?

June 24, 2010 · Filed Under Daily Lessons, Politics · Comment 

I can’t even begin to give you a detailed breakdown of the alleged Medicare fraud that occurred during the time gubernatorial candidate, Rick Scott, served as CEO of Columbia/HCA.  But, what I do know is that, as voters, we should always be wary when we hear the words “fraud” and ‘”federal funds” in relation to someone who is running for governor of one of the most powerful states in the US.   Even more, in a state that relies heavily on federal funds, shouldn’t voters be more concerned about the circumstances behind the fraud instead of so readily accepting a well-scripted, highly paid for apology in a commercial?  Every politician claims they won’t conduct business as usual.  However, isn’t this exactly what they do when they ask you to overlook something that you need to be concerned about?  I would love to interview Rick Scott about this on my show “IN THE KNOW with Tony Reeves” because the people in the state of Florida deserve to hear a better explanation from him.

I’d love to have Charlie Crist on as well.  As Attorney General, Crist did a great job of ensuring that the people of Florida would not be taken advantage of after being slammed with multiple hurricanes.   Needless to say, his constant visibility served as an awesome transition to the Governor’s mansion.   Now, Attorney General Bill McCollum appears to be using this same formula.  The question is: Is it working?   When the health care reform bill was passed, McCollum joined a handful of other states to challenge the bill and President Obama.   My first question was: Is it really the best use of Florida’s resources to fight a bill that is in its infancy?  Aren’t there other things that our Top Cop can be fighting?

But Crist and McCollum are not alone.  Politicians often run for their next job while still serving in the post to which they’ve been elected. Still, shouldn’t we be concerned by that?  Barely halfway through his term, Governor Crist is trying to become Senator Crist.  Shouldn’t he be more focused on running the state than running for office?  I would love to ask both McCollum and Governor Crist how they balance their roles as public servant and political candidate so my listeners could really be IN THE KNOW.

Can somebody explain how I get paid after I get a favorable decision?

October 6, 2009 · Filed Under Social Security · 1 Comment 

So you got approved for Disability benefits. YAAAAAAY!! Congratulations.  After stressing, waiting, and going through this lengthy process, you are finally going to get your disability benefits.  Even better, you are so happy with your representative who was successful in helping you get your benefits.

However, now comes the confusing part.  What happens next?  When are you getting paid?  Who pays your attorney?  When should you expect the money?  Now, it seems that you have more questions than you do answers.

Well, here’s a few things to help you out:

1) About 60 to 90 days before you get paid.
There is no hard rule on how fast it takes you to get paid.    IN most instances, it takes about 60 to 90 days to process your pay.

2) Why does it take so long?
Even though it may not seem like it, it takes longer to calculate your disability benefits than it it is to get disability.  Think I’m joking?  Here’s how it works.  First, they have to figure out which programs you qualify.  Second, they have to determine if there are any programs that offset the benefits.  Third, they have to determine if there is any retroactive benefits.  Fourth, they have to determine if there is any benefits going forward.  Fifth, they have to calculate any representative fees and ensure they get paid.  Sixth, they have to determine if there is a need for a representative payee.  Finally, they have to deal with any other issues that pop up.  Interestingly enough, this process may take place at two different Social Security offices that must talk to each other.  See how this may take a while.

3) How does my representative get paid and WHEN does my representative get paid?
This question is one that I get alot.  In terms of “HOW”, Social Security is responsible for calculating the back pay.  From that back pay, Social Security will withhold 25% towards attorney fees.  For example, lets say that your back pay is $10,000.   25% of $10,000 is $2500 which means your attorney will receive $2500 and you will receive the remaining $7500.  Now, the WHEN part is trickier.  The reason it’s trickier is because Social Security will sometimes release the check to the attorney first (Usually because this part is the easiest to calculate) and then send the rest to the claimant.

4) Why am I getting all of this Paper from Social Security?
Over the next few months, you will received “Important Notices” and “Award Notices”.  These papers are crucial because they explain IN DETAIL everything you’re entitled to receive as well as a discussion of how your representative gets paid, any offsets, and future benefits.

5) Why did I get a Medicare card in the mail?  Do I have to keep Medicare?
If you qualify for Disability Insurance Benefits (this is different from SSI), then after receiving 24 months of benefits, you are entitled to Medicare.   So if your back pay takes you back to October 2007, you will receive a benefits starting October 2009.  Now, here’s the tricky part.  You have to pay for Medicare and they take it DIRECTLY out of your monthly Disability Insurance Benefits check.   If you DON’T want it, just remember that there is a penalty if you decide to come back later (Contact Medicare, they can help you on this one).

6) Should I call Social Security’s 1-800 number or the local office if my money is late?
I always tell people that they can call who they want to but recognize this point.  The Toll free number for Social Security is NOT designed to answer all of your questions once you’re paid.   Once you get paid, a different office takes over (so the 1-800 will probably not be helpful).   The local office can help if you are entitled to receive SSI but your DIB check may be processed in Alabama, Maryland, or New York.

7) I’m fighting foreclosure and an eviction.  Will that help?
If you have documentation that you are about to be evicted or foreclosed or your health has turned terminal (i.e. you may be dying), give evidence of this information to Social Security as soon as possible.  This information may assist them in speeding up your case.

Congratulations on your case.  I know it’s a long time coming but you deserved it.  So just be patient a little while longer and it should all work out for you.

I hate to tell you but some people don’t WANT the health care system to change!

September 13, 2009 · Filed Under Daily Lessons, General Legal Information, Health Law, Social Security · 1 Comment 

Here’s a question for you that I want you to think about:

“If you and everyone in your house hold got sick AND nobody in the house could work AND NO ONE had savings AND NO ONE had Long Term or Short Term Disability plan AND NO ONE could afford COBRA payments, HOW are you going to pay for your health insurance????”

It’s amazing because as the debate about health care rages on, I am CONSTANTLY amazed by the amount of people who are dwelling on the fact that THEY don’t want to pay for health care for the millions of illegal immigrants or all those people who are lazy and don’t wanna work or all of those welfare people.

HELLLLLLO?  What world are YOU living in?  Do you not know that YOU are just one stone throw away from the unemployment office?  Do you not know that one SLIP and FALL in your house OR one trip on your drive way and BOOM, life as you know it can change?

Stop focusing on all of THOSE people who don’t have insurance and WHO they are because the reality, VERY QUICKLY, you could be THOSE people!

Here’s where I have some problems and I think they are worth mentioning:

Why are you stressing?  ANY PROGRAM is going to cost money!
How come EVERY new program that is of significance is HIGHLIGHTED by its cost?  No one complained and raised an eye brow when BILLIONS of dollars were poured into Iraq (and NOT just for our troops).  We financed contractors to go over there to help rebuild their country.  We financed our troops to help make sure the country remained stable.  No one blinked an eye.  However, the MOMENT you talk about ensuring that the American people have benefits so we ALL have a safety net, here COMES the money argument.  My problem is that ANY (and I repeat ANY program) passed by Congress is going to cost money so why are you stressing me over this cost.   Taxes may not go up for this but it will go up for that so why are are we tripping??

What the HELL is the RIGHT WAY to reform Health Care?
I want you to notice some unique facts about the late Senator Ted Kennedy

1966
Senator Kennedy passed legislation creating the national community health center program. He joined a health center in Columbia Point in Dorchester, Massachusetts, with a center in Mound Bayou, Mississippi as the start of a national program that now includes more that 1200 health centers nationally serving more than 20 million low income patients.
1969
Senator Kennedy gives his first speech calling for national health insurance for all Americans. His amendment creating a minimum tax — the so-called “Alternative Minimum Tax” — becomes law, setting a limit on the amount of taxation for middle-income Americans.

1971

Senator Kennedy becomes Chairman of the Senate Health Subcommittee. He held a series of field hearings around the country on national health insurance, and is a leader in passing the National Cancer Act to expand research on all aspects of cancer.
2009
Senator Kennedy’s Health Committee was also the first committee in Congress to pass comprehensive health reform legislation called for by President Obama — the Affordable Health Choices Act that will reduce health costs, protect individuals’ choice in doctors and plans, and assure quality and affordable health care for all Americans.

First, for those of you who are thinking that I’m digging up these stats from la la land, go visit http://kennedy.senate.gov/senator/timeline.cfm.  This website is the Senator’s government website and review the information.  Now, I want you to notice something here and NO, it’s not that I am saying ‘HIP HOP HOORAY’ for Senator Ted Kennedy.  Senator Kennedy introduced the concept of a National Health Center in 1966 and National Health Insurance (which we are trying to do now) in 1969.  Recognize that fact!  For over FORTY YEARS, we have been trying to get health care.  Since 1969, we wasted Money in a lengthy expensive conflict (Vietnam), we went through Water gate, and we have spent countless funds in combat operations in IRAQ (TWICE!!).   We can spend money on all of these things and we can’t introduce an option for healthcare???  What’s even MORE surprising was that in 2009, TWO THOUSAND AND NINE, Senator Kennedy’s committee was the FIRST to pass comprehensive legislation.  Are you kidding me?  He’s been talking about health care for 40 years and we only get legislation now?  What’s even more amazing is that every time I look up I see ads or Senators or Congressmen talking about “Let’s reform health care the RIGHT WAY” but NO ONE is offering any suggestions for WHAT the RIGHT WAY is! They want to talk but NOT put pen to paper!

If not OBAMA, then who???

It’s amazing but I did a little background check about how other Presidents have tackled the health care initiative.  I was surprised by what I found.

President Lyndon B. Johnson
The Social Security Act of 1965, which created Medicare and Medicaid, was part of Presidents Lyndon Johnson’s “Great Society” vision for the country.. This plan provided health care for the elderly and individuals with special medical needs.  Even with this broad base of support, there was still a great deal of concern among more conservative elements of society, who saw this move towards increased government involvement in health care for the citizenry as a dangerous step down the road to a socialist dictatorship.

President Richard Nixon
Nixon, for his part, was stalwart in his belief that a national health insurance plan was vital to the country’s future. He stated in his 1974 State of the Union Address that “The time is at hand this year to bring comprehensive, high quality health care within the reach of every American.” Nixon’s own past experience with poverty and family illness made this a personal issue for the President. Yet Nixon’s call for an employer mandate to provide health insurance as part of his planned universal health care coverage for all citizens was seen as inadequate by many democrats in congress. The plan was also opposed by powerful unions such as the AFL-CIO and the United Autoworkers, who lobbied hard to defeat the legislation.

President Jimmy Carter
In retrospect, after his tenure in the White House in the late 1970’s, President Jimmy Carter said that, although he was a proponent of universal health insurance, the country’s economic difficulties at the time made health care reform politically unfeasible.

President Bill Clinton
The Clinton plan also supported universal health insurance through the enforcement of individual and employer mandates.  The government would control the competition between private insurance companies  The Health Care Task Force, chaired by Hillary Clinton when she was first lady,  gave President Clinton a complex plan in September 1993.  Despite a Democratic Congress,  the size and complexity of the plan slowed its progress through Congress and lost the interest of the general population.

What’s frightening is that the health care debate has been ranging on since the 1930s so this is by no means a RECENT phenomenon.    Like clock work, whenever it comes around, people start losing their minds.   So in the last 40 years, we’ve had a variety of presidents who have braved taking a chance on making sure ALL americans have health care but unfortunately, we run into the “RIGHT WAY” and “SOCIALIST” discussion.  We’ve had at least 6 different Presidents (Truman, Roosevelt, Nixon, Johnson, Clinton, and now Obama) take a stab at trying to push the need to make sure we all have insurance.  Is it coincidence or a reason that they can’t get it passed?

So what would YOU do if you had no Health Care? Let’s look at the NOW WHAT situation!:

For the last 8 years, I have represented people who have applied for Social Security Disability benefits.   Unfortunately, a lot of my clients have been people who have found themselves in the tough position of trying to figure out HOW to get health care.   Think about it like this.  If you have been working and your insurance has been paid by your employer and then, BOOM, you can’t work, here’s how it may unfold and so I ask you “NOW WHAT?”:
a)  You get hurt OUTSIDE of work (no workers compensation, no personal injury, etc.) and now you can’t return! Now what?
b)  You use your annual leave, your sick leave, and maybe even family leave and after a few months you still can’t go back to work.  3 or 4 months have passed!  Now what?
c)  You stop working so you apply for COBRA so you have a few months of health insurance.  About 3 or 4 months have passed!  Now what?
d)  If you are lucky, you apply for Short Term Disability or Long Term Disability.  If you are not lucky, NOW what??
e) You apply for unemployment but you know you can’t do the work you used to do and you are having a hard time finding another job.  The Unemployment pays for a few things but not enough to pay for the insurance you need to cover your health care cost.  Now what??
f) You start cashing out your stocks, mutual funds, and savings accounts.  If you’re lucky, you have funds to last you while you apply for disability with the state (if you worked for the state), the VA (if you’re a veteran), or Social Security.  All of these programs may take a few months or up to years.  If you DON’T have stocks, mutual funds, and savings accounts, NOW WHAT??

Let me tell you what NOW WHAT is! It’s nothing.  You’re now hoping that you qualify for disability.  You’re praying you can find another job.  You’re lucky if you have a spouse or family member or friend who can support you.  But the REALITY is that any ONE of us can go from A-F in the NOW WHAT category that I showed you so fast that you won’t realize what happened.  You can go from having a nest egg to working a good job to planning for your future to a “how the HELL am I going to get to the next day” situation.

Am I saying that we should take whatever situation that is presented to us?? No, that’s not what I’m saying.  My problem is that for the last 70+ years we have had multiple presidents and politicians try their BEST to insure that everyone is covered but for some odd reason, people are quick to hollar “SOCIALISM, SOCIALIST” yada yada yada to the TOP of their lungs.  And I got news for you, most of the people who scream these things are either 1) people who have health care, 2) people who are under the delusion that they will never benefit from this health care system because they don’t think they will ever be in the situation to need it, and / or 3) people who think that the change in the health care system may affect their financial bottom line.

So the challenge I present to you is this one.  If you’re in a situation where you are 100% confident that you are completely covered in the WORST case situation (which is what I’ve covered up top), you are the only ones who can complain.  However, considering that 95% of the country probably can not say with CONFIDENCE that they will NEVER need help, you may want to start re-evaluating the need for a National Health Insurance OPTION or Universal Health Care system.

A perspective in Health Care Reform: What do you want??!!!

August 9, 2009 · Filed Under General Legal Information, Health Law · Comment 

Let’s start with this link:
http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3200.IH:

For those of you out there SCREAMING at some of these town hall meetings and getting pissed that this new proposed “Health Care Reform” is garbage, here’s the link above to the “America’s Affordable Health Choices Act of 2009 (Introduced in House)” so that you can AT LEAST sound like you know what the hell you’re talking about before you start going off!

Now, before you go any further, let me be the first to tell you, I HAVEN’T read the act.  I have a slightly different few on Health Care Reform.   You’ll be able to get an idea of my thoughts as you go through this post.

Let’s get one thing straight.  The notion of “Health Care Reform” or “Universal Health Care” really has NOTHING to do with the quality of care.  What it REALLY bowls done to is CAPITALISM!   Our country is a Capitalistic regime.  Do you know what that means?  That means we are a “YOU gotta get YOURS” society!

Now, don’t get me wrong.  I love our country and I love what we stand for and I love our system.  I wouldn’t change it for the world.  However, whenever I hear people scream about Health Care, I stop and I get annoyed.

Here’s why I got so mad:

1) Are you REALLY paying for your health care? So many people are out there screaming and hollaring about how they don’t want to pay for someone else’s healthcare.  The simple fact of the matter is, YOU probably aren’t paying for yours either.  If you’re working for an employer, the BULK of your health insurance is being paid by the employer.  You’re not shooting $500 to $600 in health insurance.  The employer is.  So how can you really complain?

2) Don’t  you realize that we have a system of Universal health care ALREADY! Universal health care is health care coverage for all eligible residents of a political region and often covers medical, dental and mental health carehttp://en.wikipedia.org/wiki/Universal_health_care These programs vary in their structure and funding mechanisms. Typically, costs are born, at least in part, by the government. http://en.wikipedia.org/wiki/Universal_health_care.    What’s fascinating is that we already have these systems in place.  Think about it.  Do you complain when have to pay for the treatment for Veterans through the VA system? (UNIVERSAL)  How about treatment for our elderly through Medicare? (UNIVERSAL)  What about disabled children through Medicaid?  (UNIVERSAL).    So why are we walking around like we don’t want these systems in place and we use them already??

3) What are you going to do if your Health care disappears? Here’s where I really get fired up.  In my years practicing Social Security Disability, I have represented thousands of clients who have found themselves working one day and having insurance TO disabled the next day with no insurance.  I have watched people GUT their savings, 401k, investments, loans, and banking accounts to survive while they wait.  What’s wild is that some of these SAME people who were ANTI-universal health care one day are NOW in the same position of those who could benefit from this type of health care.

4) If you don’t have health care, you better VOTE or the people who do have health care will decide for you.   When I see all of these people on the TV SCREAMING against universal health care or health care reform, I am FAIRLY confident that they go to the polls to vote.  I am HOPING that the people who really NEED health care reform go to the polls as well so they can make sure their voice is heard.

Here’s the thing that really trips me out.  In the grander scheme of things, our health care system is capitalistically driven.  You don’t want to hear that but let’s face it, the inherent ability of any system to function is predicated on financial fluidity.   It’s that whole ‘you get what you pay for’ mentality.  It’s sad but it’s true.  Now, I’m not making those in the health care field as money hungry monguls.   It’s just an inherent fallacy in a broken system.  With that in mind, you have Three fundamental realities:

1) The current system is broke.  You can’t fix it so you better accept it. At some point, you have to accept it and move on.    IT is the system we have and there is nothing you can do about it.

2) The current system is broke but if you don’t have a suggestion to fix it, SHUT UP! I’m not supporting or against health care reform.  I am pro-fix.  If someone can give me a model that will provide access to health care to everyone, I’m up for it.  However, don’t be one of those people who are QUICK to rip apart a suggestion but don’t have ANY thoughtful suggestions to correct the problem.

3) Universal v. Private. Either you take it or you don’t (which goes back to #1 or #2)  The whole nature of universal health care is this underlying premise that we are paying for someone else’s health care.  When you bust your butt to work and some of your check goes to pay your health care and someone else’s health care, you may have a problem.  However, if you are living check to check, you may find yourself ONE day in a position where you can’t work or laid off and NOW you have to rely on someone to pay YOUR health care.  So what do you do then??

Health care is a BEAST like no other.  I am not going to sit here and say it’s easy to fix.  What I am saying is that we need to focus on 2 very simple thought processes.  If you don’t like our current system, SUGGEST something better!  If you want to see a change, you are going to have to accept some things you DON’T LIKE!

Take your pick and roll with it!

The little things that may affect your Social Security Benefits AFTER you win your case

July 9, 2009 · Filed Under Social Security · 16 Comments 

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.

8) 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.