Social Security Disability Law» After You’ve Been Approved

Ask a Lawyer: Can I receive SSDI for my new disabilities without interfering with my current payments?

Spencer & Spencer — Thu, 16 Jun 2011 18:30:13 +0000

Q: Can I receive SSDI for my new disabilities without interfering with my current payments?

I am currently receiving SSDI for Bipolar disorder, and have been for about 6 years now. My question is: about three years ago I was diagnosed with bone spurs and osteoarthritis in my spine, and just recently diagnosed with diverticulitis.

I was wondering if i could receive SSDI under these new disabilities without interfering with my current payments? The reason is they still every few years make me go to a psychologist and be evaluated again, and each time I get scared they will discontinue my payment as they don’t think bipolar is a permanent disability which it is.

I’m slowly losing my balance and ability to walk and I’m in great pain daily do to my back pain and the pain in my bowels. I was thinking if I could receive SSDI under my physical disability that would be better than mental disability.

A: The answer is that Social Security doesn’t work that way.

When you apply, you are either found disabled or not based on the conditions you had at the time you were approved for benefits. You can’ t “add” conditions to the list once you’ve been approved for benefits.

If social security decides to review you to see if you’re still disabled, they should take into consideration any new medical conditions you may have developed since the time that you were first found disabled.

Also, there is no particular condition or type of condition that works better in the Social Security disability system. Being found disabled for a physical condition vs. a mental one doesn’t have any advantages.

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This blog provides general information. Do not mistake it for legal advice. Please read our disclaimer.

No More Paper Checks for Disability Recipients

Spencer & Spencer — Thu, 09 Sep 2010 21:18:17 +0000

Currently, Social Security recipients can receive their benefits either by direct deposit or paper check. But there is a change coming in the near future that you should be aware of.

If you apply for Social Security disability benefits on or after March 1, 2011 you will be required to sign up for direct deposit or the Direct Express MasterCard.

If you are already receiving benefits before March 1, 2011, you will have until March 1, 2013 to sign up for direct deposit. If you do nothing, you will be automatically enrolled in the Direct Express program.

If you think you want to sign up for the Direct Express card, be sure to read their frequently asked questions, and familiarize yourself with the fees you might be charged for using the card.

One of the main drawbacks to the Direct Express card is that it does not automatically send you a statement of your deposits and withdrawals like a bank does. This can make it difficult to keep track of your spending and deposits.

You can request that Direct Express send you a monthly paper statement, but there is a monthly fee, and you have to call them to sign up for this service. You can also go online if you have computer access and check your transaction history.

If you sign up for Direct Express, we recommend that you either sign up for the monthly statement or be sure to check your account transactions on a monthly basis on their website.

There is also some legitimate concern about the safety of the card.

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How Much is SSDI Increased Every Year?

Spencer & Spencer — Tue, 20 Apr 2010 14:23:13 +0000

SSDI is increased each year according to the Cost of Living Adjustment (COLA) for that year.

Social Security law states that benefits will increase automatically each year if there is an increase in inflation. (In general, the COLA is equal to the increase in the Consumer Price Index. If there is no increase in the Consumer Price Index, then there is no adjustment in benefits that year).

On the other hand, Social Security benefits cannot be reduced even if there is deflation. Deflation is a decrease in consumer prices that drives inflation below zero.

For the current COLA information, visit SSA’s Website.

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All Income You Receive Will Affect Your SSI Benefits

Spencer & Spencer — Fri, 19 Mar 2010 20:27:02 +0000

One of the primary differences between Social Security disability and Supplemental Security Income (SSI) is that SSI is needs-based. This means that any increase in your income, temporary or not, can reduce the amount of money that you will receive from Social Security.

What types of income can reduce my benefits?

Any wages you earn,
Any self-employment income,
Other earnings such as Gambling winnings (including the lottery), inheritances or settlements from lawsuits.

It is always important to report any income you receive to Social Security, even if it isn’t wages. A recent case involving a disabled 58-year-old man from Arkansas illustrates the impact of this rule. According to The Dallas Morning News, John Dodds won $1,000 through a scratch-off lottery ticket in early December, 2009. Dodds receives $674 per month from SSI, which he uses to pay for rent, utilities, and other living expenses. Dodds took filed an unearned income statement to declare the money to SSA. On the day after Christmas, Dodds received a letter from SSA informing him that his SSI for 2010 would be reduced by $980.

How are my benefits reduced if I return to work?

If you are working, the first $65 ($85 if you have no other income in a month) of earnings in a month are disregarded.

After that, SSA reduces your benefits $1 for every $2 you earn in a month. They also deduct from the monthly earnings any monthly expenses that you have, which allow you to work — such as a special handicapped accessible van that allows you to get to work.

One of the biggest concerns SSI recipients have about going to work is the possibility of losing Medicaid coverage. If you return to work, your SSI payments may be reduced or stopped, but you may be able to keep your Medicaid coverage. Contact Social Security for details about your situation if you are on SSI and considering returning to work.

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Social Security is Stepping up Reviews of Beneficiaries

Spencer & Spencer — Mon, 15 Feb 2010 17:13:46 +0000

In the omnibus appropriations bill passed by Congress for the year 2010, SSA received a 10% increase in funding over 2009 levels.

Part of that increase has been set aside to fund SSA’s medical reviews of people who are currently on benefits, also called “continuing disability reviews” or CDRs.

At least $273 million must be used to fund these investigations.
And an additional $485 million has been allocated for the reviews.

SSA will periodically review your case if you are receiving disability benefits.

Usually cases are reviewed every three years; but some cases are reviewed more often.
Sometimes the judge’s decision will tell SSA to review you at a certain time.
Most people who are reviewed do not have their benefits stopped.

What will I have to do for a “continuing disability review”?

You will be asked to complete forms about:

your medical treatment,
any vocational training or work
and how your condition has changed since the time you were found eligible for disability benefits.

Is there anything that I can do now to help make sure that my benefits will continue?

The very best thing you can do is to continue seeing your doctor. A lot of people with long-term chronic medical problems stop seeing their doctors because no treatment seems to help. This is a mistake. When SSA conducts its review, there won’t be any medical evidence to show that your condition is the same as it was when you were first found disabled.

What if SSA finds that my disability has ceased but I’m still not able to work?

The notice you will get from SSA after your “continuing disability review” will explain your appeal rights. Read this notice carefully, and contact an attorney if you receive one. You must file appeal paperwork within 60 days of the notice to appeal it.

But if you appeal within ten days of the date you receive the notice, your benefits will continue during your appeal. So be sure to act quickly.

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Congress is Suspicious of Children’s SSI Claims

I’ve Been Approved for SSDI, Why Don’t My Benefits Start Right Away?

Spencer & Spencer — Mon, 01 Feb 2010 20:57:19 +0000

If you’ve been approved for Social Security Disability Insurance (SSDI) benefits, your benefits will never start with the date you became disabled.

This is because the law requires that you wait five full months before you can receive any SSDI benefits. This is commonly called the 5-month wait period. There is really no explanation for this other than the government saw a way to save some money.

So, not only will you wait 5 months for your benefits to start, you will also wait 24 months from the date your benefits start to become eligible for Medicare. (Another way for the government to save some money).

We’ll run through an example so you can see what we mean.

You became disabled on June 12, 2009;
Add the 5-month wait period, and you are not eligible for benefits until December 1, 2009;
This means that you become eligible for Medicare on December 1, 2011.

For some people, an application for SSI benefits will fill that 5-month gap with some money. But there are severe financial requirements to be eligible for SSI. -You essentially have to be destitute: you cannot own more than $2000 in liquid assets and must have no or limited family income to qualify.

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How Much is Social Security Paying to SSI Recipients in 2010?

Spencer & Spencer — Fri, 29 Jan 2010 17:25:22 +0000

Generally, Supplemental Security Income benefits are increased every year. Sadly, this year, Social Security is not increasing SSI benefits. SSI benefits will stay at $674 for individuals and $1,011 for couples.

Increases in SSI (for individuals) over the past few years:

2002: $545
2003: $552
2004: $564
2005: $579
2006: $603
2007: $623
2008: $637
2009: $674

This is the first time ever that SSI benefits have not increased!

For more information about disability insurance benefits (SSDI) and the COLA for 2010, see our previous post, Will There Be a Cost of Living Adjustment for 2010?

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Are There Programs That Will Help Me Pay My Medicare Costs?

Spencer & Spencer — Tue, 29 Dec 2009 23:46:35 +0000

If you receive Medicare and have trouble paying your Medicare costs, you may qualify for help.

Help is available through two programs—

the QMB (Qualified Medicare Beneficiary program)
and the SLMB (Specified Low-Income Medicare Beneficiary program).

How do I know if I am eligible?

Keep in mind that the state where you live determines your eligibility. In some states your income can be higher than the amounts listed below:

For the QMB program, your income cannot be more than 100 percent of the Federal Poverty Guidelines (also called the Federal Poverty Level).
You can qualify for the SLMB program if your income is between 100 and 120 percent of the Federal Poverty Guidelines.
See the Federal Poverty Guidelines for 2009.
Additionally, for 2009, you cannot have financial resources such as bank accounts or stocks that total more than $4,000 for one person or $6,000 for a family of two. Resources generally are things you own. However, not everything is counted. The house you live in, for example, doesn’t count; and generally one car also doesn’t count.

How do the programs work if I qualify?

If you qualify for assistance under the QMB program, you will not have to pay:

Medicare’s hospital deductible amount, which is $1,068 per benefit period in 2009;
The daily coinsurance charges for extended hospital and skilled nursing facility stays;
The Medicare Medical Insurance (Part B) premium, which is $96.40 per month in 2009;
The $135 annual Part B deductible;
The 20 percent coinsurance for services covered by Medicare Part B, depending on which doctor you go to.

If you qualify for the SLMB program, you will only receive assistance with the $96.40 monthly Part B premium.

In Colorado, contact 1-888-696-7213 or visit Colorado’s Senior Health Assistance Program to find out if you are eligible.

Outside Colorado, call the Centers for Medicare and Medicaid Services (CMS) on its toll-free telephone number (800) 633-4227, or contact Medicare online.

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Will There Be a Cost of Living Adjustment for 2010?

Spencer & Spencer — Wed, 23 Dec 2009 04:35:51 +0000

No, there will not.

In 2010, Social Security receipients won’t get a cost of living adjustment (COLA). This is due to a decline in consumer prices and low inflation that is expected for next year. This is the first year since 1975 that we haven’t had an increase.

This is a big change compared to January of 2009, when Social Security recipients received a COLA increase of 5.8%.

Social Security law states that benefits will increase automatically each year if there is an increase in inflation. This year there was no increase inflation. (In general, the COLA is equal to the increase in the Consumer Price Index. If there is no increase in the Consumer Price Index, then there is no adjustment in benefits that year).

On the flip side of that, is the fact that Social Security benefits cannot be reduced even if there is deflation. Deflation is a decrease in consumer prices that drives inflation below zero.

For the latest COLA information, visit SSA’s Website.

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