The Power of the Elderly: Social Security Disability and Advanced Aged individuals
As a society, we spend alot of time mourning and pining over the inadequacies and mistakes that constantly arise in our young generation (For purposes of this discussion, the young generation is anyone under 50). The entertainment community is still reeling from the death of Teen Idol Corey Haim. We are still anxiously watching the rehabilitation of Tiger Woods. The sports world is closely following Marion Jones. We won’t even talk about the countless Lindsey Lohan, Nicole Richie and Brittney Spears sitings that tend to dominate the airways.
I understand that this information may be pertinent. And let’s get one thing straight, I’m RIGHT in the mix of those people who are following all of this extraneous information (I would be a hypocrite if I denied that I didn’t want to know how Britney Spears was doing with her kids).
But the thing that blows my mind is the power of the elderly. Which is why some people who are applying don’t fully appreciate why the Social Security Disability regulations tends to be more favorable for those over the age of 50.
For those of you who don’t know, the Social Security Administration puts people in 5 categories when it comes to applying for Disability claims:
1) Childrens: 17 years and younger
2) Younger Individuals: 18 years to 49 years
3) Closely Approaching Advanced age: 50 - 54 years
4) Advanced Aged: 55 - 59 years
5) Closely Approaching retirement age: 60 years to 64 years.
The regulations tend treat those individuals who are over the age of 50 differently because those individuals have a tendency to have been in the work force for a more significant period of time. Therefore, their ability to adapt to other jobs may be diminished as time progressed.
However, there’s another thing that people underestimate. It’s not something that is readily written in the regulations. CREDIBILITY! Especially if the person is someone who has CONSISTENTLY worked for years and years and is still trying.
Don’t believe me? Not trying to say that these persons should apply for disability but keep these thoughts in mind:
1) Michael Jackson, 50 - before he died, you could arguably say that there are few people who could dance with him at his age.
2) Chuck Norris, 70 - he still does work out videos, he still teaches, and his still considered one of the baddest martial artists of all times.
3) Tina Turner, 70 - she got finished with a tour, a TOUR in Europe and for those who have never seen her, she dances NON stop!
4) Betty White, 80 - she’s still doing movies and do I need to remind you that her commercial was the number 1 Super Bowl commercial and there was a FACEBOOK drive to get her on Saturday Night Live??
You know why these people STAND out? It’s because there is something inherently credible about someone who continues to work despite their age and the underlying health problems that come along with it. You respect those people because they don’t make any excuses. They HIT IT!!
Now, don’t get salty and think that if you’re young and you’re not working that I’m calling you out. I’m doing that at all. I just need you to understand how powerful a statement that it sends when an elderly person has had a long and continuous work history. This information demonstrates to the Social Security Administration that a person was dedicated and committed to sustaining their livelihood. In addition, in the end, most of these people would RATHER be working than receiving benefits. Am I saying that this is going to guarantee their receiving benefits?? NO. Am I saying that it helps? DAMN RIGHT!
Remember, the very essence of Social Security requires individuals to work and pay into the system. The system can’t work unless you work. When an elderly person applies, it says alot about their credibility. SSA may give a little more deference to what they have to say when they complain of aches and pains because if their record shows they are a WARRIOR, they know that WARRIORS don’t whine!
The Social Security process is long but it does value those who truly are dedicated to contributing to its long term progress. Don’t sleep on the Power of the Elderly.
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.
Cancer and Social Security Disability benefits: Not as easy as you think
Today, I was going through my normal surfing like most people do and realized that Bo Griffin, former TV Host of HGTV’s “The Big Reveal” passed away due to Cancer. She was experiencing pain in her back and was unaware that she had cancer. Unfortunately, her bought with cancer was fairly short as she died with a few weeks of its discovery. She was diagnosed with intestinal cancer. The news of her death spread fairly quickly (thanks to the advent of social media, twitter, and you tube).
However, upon hearing of her death, I instantly thought about Roger Ebert, noted movie critic, and his widely publicized bought with Thyroid Cancer. He was successful in his fight but it left him with the inability to speak.
The thing that really resonated to me was the distinctive difference between the two types of cancer. In Ms. Griffin’s case, she had no knowledge of the cancer and it overwhelmed her quickly. In Mr. Ebert’s case, a radical procedure saved his life yet the possibility of it returning still remains.
I’ve represented a number of people who have had different types of cancers over the years and I have found that each one presents a unique set of circumstances as they relate to Social Security Disability benefits:
1) Suspected Cancer versus Cancer
The word “Cancer” is a terrifying word. Like HIV and AIDS, there is no known cure for cancer. As such, you can use chemo, surgery and radiation but you may not totally keep it from reoccurring. For purposes of Social Security, it’s important to know the difference between being diagnosed with Cancer and being ’suspected’ of having cancer. Usually ’suspected’ comes into play when the doctor has a reason to believe that some type of nodule or growth or something that has alerted them to the possibility of cancer. However, for Social Security purposes, this doesn’t not guarantee the receipt of disability benefits.
2) No two cancers are the same
Under the Social Security regulations, individuals may be found disabled if they meet the criteria for certain medical impairments that are listed in the regulations (The listings). Most people don’t realize that Social Security maintains several listings of different types of cancers. As such, just merely being diagnosed with cancer by itself doesn’t guarantee an immediate favorable result.
3) Remission sometimes means Recovered
Cancer is a devastating condition. The treatment that people have to go through in order to combat cancer can be painful and traumatic. However, most people don’t realize that it is not uncommon for people who have gone through the treatment to go back to their normal lives. As such, Social Security can be tough on some cases where the person has completed the treatment and their doctor has given them a clean bill of health.
4) Remission and BEYOND: How are you doing now?
Most people have to follow an aggressive follow up routine to make sure that the cancer doesn’t come back. Some people come out of the treatment with no problems or any residual problems. The key is ‘how are you doing now’? Most people don’t understand that Social Security wants to know if you are still having problems and MORE IMPORTANTLY, does your doctor know that you are still having problems?
5) Cancer and the TERI case
TERI stands for Terminally Ill. These cases are usually expedited because the person has a high likelihood of dying in a short period of time. I had the opportunity to represent my client’s mother when her cancer returned. Due to the aggressive nature of the cancer, she received disability benefits in less than a month. Unfortunately (god rest her soul), she passed a few months later.
I’ve had a few cases where I’ve literally watched someone deteriorate before my very eyes and so I take Cancer very seriously when clients complain that they believe they are disabled due to cancer. The word, by itself, doesn’t guarantee a result. Keep in mind that even though cancer is devastating, you must realize that you may need to provide SSA more in order to demonstrate that cancer is disabling to you.
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.
The BIG THREE (Asthma, Diabetes, Hypertension): Be careful. YOU control how these conditions affect your Social Security Disability claim.
Ok, before I get started, let me get one thing straight. I am not saying that you should not put any information about these conditions in your Social Security Claim. That is NOT what I am saying. However, these conditions are unique in a variety of ways:
1) You control whether they get better
HYPERTENSION - in most situations, proper diet and proper exercise can go a long way towards making your situations better. It’s important that you take the opportunity to follow your treatment regiment.
ASTHMA - there are some things that you can do to prevent asthma attacks. You can avoid certain chemicals, dusts and fumes. You can avoid certain exercises and heat. You can avoid certain conditions.
DIABETES - like Hypertension, proper diet and proper exercise can go a long way. It’s important that you take the opportunity to follow your treatment regiment.
2) You control whether they get worse
Ok, here’s the part where I get GUTTER so get ready to get your feelings hurt.
HYPERTENSION - I don’t give a damn HOW much you like that bar-b-q fish sandwich. 1000 mg of salt is a 1000 mg of salt. Recognize this part as well. If your doctor is telling you that you need to lose weight, this is NOT a request. If you are obese and your diet is bad, it’s not going to help your case or your health.
ASTHMA - Repeat after me “SMOKING AND ASTHMA DON’T MIX”! That’s right, dammit, put the Black and Milds down. I down care how much you need to suck on that stick in order to relax. If you have asthma, you better learn to eat an apple.
DIABETES - I know you don’t like raw vegetables and OOOOOOOO, that haagen daas looks good. Back AWAY from the table. Like Hypertension, some things just don’t mix.
3) Doctors can put information in your case that may be harmful to your case
There are two words that doctors can put in your notes that are DEVASTATING to your claim:
UNCONTROLLED - in most instances, this word can mean two things. One, your condition is so far gone that it doesn’t matter what you do, you can’t get it under control. Or TWO, your condition is not being controlled by you. In any event, you don’t want a judge to decide which one of these she wants to pick.
NONCOMPLIANT - this word is like a written FORK. If it’s there, you’re done as far that condition is concerned. Unless you can give a great reason why you haven’t been doing what the doctor TOLD you to do (that’s what non compliance means), then a judge may determine that you aren’t TRYING to get better.
Most people don’t realize that they bear the burden of proving they are disabled. As such, you must take all necessary to make sure you do what you need to do.
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.
NEWS FLASH: ALMOST every source of money can impact your Supplemental Security Income (SSI) check so GET ready!
If you decide not to read the rest of this post, take this ONE sentence to heart if you are receiving Supplemental Security Income:
“EVERY SOURCE OF MONEY OR RESOURCES can affect your SSI CHECK!!”
WHOOOT, DERE IT IS, DAMMIT!!
I know you may think I’m being stank but it’s important that you understand how this program works. So here’s a few things that you need to consider:
1) SSI is a NEED BASED PROGRAM. The MORE you get from someone else, the LESS you need from SSI!
SSI is a Need Based Program. This means that if you are found disabled and you don’t have the financial ability to support yourself, you may be eligible for SSI. Recognize, if you get money or resources from some place else, your funds from SSI will be GREATLY reduced.
2) You can’t save TOO much SSI.
Now, I know it’s easy to want to keep a little to the side. Be careful because after a particular point, the amount of money you have saved will NOW become an asset that can count against you. (Unless you have Special Needs trust but that’s a WHOLE different topic)
3) If you get some extra money, spend it!
Ya’ll know what I”m talking about here. Someome dies and leaves you an extra house. You win the lottery. You slip and fell at a store and got a settlement. WOO HOO! It’s party time. So you decide that you are going to save your extra money and just live on your SSI and only USE your savings when you have to use it. WRONG!! If SSI is aware that you have extra funds, those funds are going to be counted against your SSI until you spend those funds down.
4) SSI is USE IT OR LOSE IT!
When I tell people SSI is USE IT or LOSE IT, I am really trying to tell them that if you get money from some other source that results in your benefits being reduced, after a period of time you may lose your SSI altogether.
5) They look at your house hold!
Do they look at your household?? OOOOO BUT YES!! They look at whether you are staying for free or if you have to pay rent. They look at the finances of the household as well. Like I said, they look at your household income
6) You can’t hide funds from the federal government so WHY try??
You do realize that almost every source of funding you receive is attached to your Social SEcurity number, don’t you? An IRA? Lottery? Settlement? All of these? Of course! Most of these sources have to report to the IRS so guess what happens when that information hits the system?? YOu guessed it!! SSA will find out.
7) When you get it, TELL!! After you spent it, TELL AGAIN!
Some people are fearful of telling people about the money they receive but I’m a firm believer that you save yourself SO much drama by being up front and being truthful. And after you spend the money, you want to make sure you take the time to go back and tell that you have spent all of the money so it doesn’t affect your SSI too much.
You got 12 months and then it’s GONE!!!!!!
Most people don’t realize that if your SSI benefits are discontinued, it is placed in a Suspended status. What is a suspended status? This means that if you tell SSA your situation has changed, you may be able to get your benefits reinstated. After 12 months, your status goes from suspended to terminated. What is a terminated stataus? This means that you have START OVER!!
9) Receipts! Receipts! Receipts! Keep them, save them, and show them!
This way is the best way to protect yourself. If you get some extra money, keep receipts because you want to be able to show SSA that you spent the money.
SSI is a tricky program because almost every little money from OTHER sources will affect it. Even more, they don’t always tell you that it is being affected until AFTER it has. Keep SSA in the loop about your financial changes so you don’t get caught off guard.
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.
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