Colorado Social Security Law

If your Social Security disability case has been denied. You need to know how long you have to file your appeal. You only have so much time before your deadline. If you miss that window of opportunity, you may be back to square one.

Check your denial

The best tip I can offer if your case is denied is to check the paperwork. While there are several common deadlines, if you do not definitely know how long Social Security gives you to appeal, you may be using the wrong deadline.

The paperwork you are looking for is typically a denial. However, it may also be called a “decision,” “notice of disapproved claim,” “notice of proposed action,” or something else. The thing to keep in mind is that whenever Social Security decides something on your case, they will also tell you the following:

1. The appeal options. What you can do if you disagree with the action or decision.
2. The appeal process. What forms you need to fill out, where to get them, where to turn them in, or the website to go to appeal.
3. How long you have to file the appeal.

If you have lost your Social Security denial?

If you no longer have your Social Security paperwork, give your local Social Security office a call. You can also call the toll-free Social Security number at 1-800-772-1213.

Social Security should always be able to tell you the most recent decision (or action on your case) and any applicable deadlines.

Lets get down to brass tacks. Here are the most common Social Security deadlines:

Continue reading →

Here is the short answer: if you are hospitalized in a medical treatment facility for 30 days, your SSI benefits may be cut to $30 per month.

Now, here is the long answer:

You are not eligible for SSI benefits for any month throughout which you are a resident of a “public institution.” A “public institution” means an institution that is operated by or controlled by the Federal government, a State, or a political subdivision of a State such as a city or county.

As a side note, if you apply for SSI while you are a resident of a public institution, you cannot be eligible for payment of benefits (even though you meet all other eligibility requirements) until the “first day of the month following the day of your release from the institution.”

Basically, your benefits will not start until the month after your release. If you were released on January 1st, your benefits would start February 1st. If you are released January 31st, your benefits still start on February 1st. The first day of the month following the day of your release from the institution.

However, this does not include a publicly operated community residence which serves 16 or fewer residents. What is a community residence? Continue reading →

Not everyone who applies for Social Security wants to be on disability for the rest of their lives. Many just want temporary help while recovering from an injury and figuring out what they can do next.

There are also some cases that keep getting denied.

Whether by choice or necessity, retraining may be something you eventually consider.

Recently, I was talking with a client about the options if Social Security denies her case. She would like to go back to school but has no idea what to study or how to pay for it. It occurs to me that this is a discussion a lot of people would like to be in on.

Here are the retraining options we discussed: Continue reading →

If you are receiving Social Security disability benefits, the last thing you want is to get a letter in the mail telling you that you owe Social Security money. I have seem many individuals with overpayment notices for tens of thousands of dollars.

So, what can you do?

Read what Social Security sends you

This may sound obvious, but who wants to slog through the brochures and letters Social Security sends? Well, unless you want to be stuck with an overpayment, you do!

Social Security expects individuals to be diligent about complying with the requirements of the benefits they receive. Social Security sends out publications when benefits begin and it is a good idea to review them at least annually. Here are two critical ones: Continue reading →

I just have to post this. I know many of you will probably have already seen this, either on Oprah, or around the web. But, as a huge fan of the way technology can make a difference in disabled* individual’s lives, I just think this is so cool and amazing.

*Of course, I am not trying to say that Roger Ebert is disabled. Even the loss of speech has not kept him down and he certainly has continued to be as prolific as ever.

One of my readers asked:

I had my hearing 2 weeks ago in Denver. The judge made an immediate favorable decision. My lawyer told me that most people get their benefits before they even receive the decision. I’m waiting patiently.

Congratulations on the win!

I have written about how long it takes after a hearing to get a decision, as well as my experience with how long it takes to actually get the benefits.

Personally, I have never seen benefits paid before the receiving a decision.

However, I have started to see some cases where a client receives a letter from the local Social Security office scheduling an appointment to process benefits before the decision is delivered. Clearly, the Judge’s office is entering the decision and Social Security acting on it immediately (and kudos for that), while the decision takes a few days to be delivered by the post office.

This does not happen all the time. In fact I have only see this is a small portion of cases and only on SSI cases. This makes sense since the local office only processes benefits (after a win) on SSI cases. Disability Insurance (SSDI) benefit cases are processed by a regional payment center.

Unfortunately, in many other cases, it takes four to six weeks after the decision before an appointment is scheduled at the local Social Security office. Since this may cause a hardship, it is sometimes possible to get a case expedited for dire need.

Many people wonder what will happen after they are approved for Social Security disability benefits?

Will my benefits be stopped?

Will I continue to get Social Security disability benefits for the rest of my life?

Except for closed period cases, Social Security disability benefits normally can continue for an indefinite period of time. An individual may be able to receive benefit for the rest of his or her life.

Of course, this assumes that the impairments continue to be disabling (and any other non-medical requirements continue to be met).

Here is the catch: Continue reading →

This advertising tactic is a bit of a joke in legal circles. Yet it pops up surprisingly frequently. I am sure you have seen lawyers ads touting the “combined experience” of the lawyers in the firm:

18 years of combined legal experience

40 years of combined legal experience

90 [!] years of combined legal experience

Even a quick check of Google reveals a number of law firms using this language.

Well, I’m here to tell you – don’t buy it! Continue reading →

If you are like most people, you probably have never had to think about what you would do if you became disabled. What would you do if you suddenly could not work? How would you pay your rent or mortgage? How would you afford to see your doctor?

Social Security provides help if you ever find yourself in this situation.

Generally, Social Security disability benefits provide two things:

1. Monthly cash benefits – to help you pay for your expenses.
2. Health insurance (Medicare or Medicaid) – to help you pay for your medical expenses.

Social Security has two similar disability programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Even though only SSDI has the word, “disability” in its title, both programs provide benefits if you become disabled.

• Both SSDI and SSI provide monthly cash benefits. SSI benefits are limited to the Federal Benefit Rate ($674 per month for 2010), while SSDI can be higher and is based on the amount of your contribution to Social Security through payroll taxes. If you are curious about how much you might be entitled to if you became disabled, Social Security provides online calculators to help you estimate your benefits.
• Both SSDI and SSI provide health insurance. SSDI recipients are eligible to receive Medicare while SSI recipients can receive Medicaid.

Keep in mind that there are differences between SSI and SSDI, and we have not touched on SSI’s financial eligibility requirements, or how Social Security evaluates cases. However, if your are considering applying for benefits this is a very quick overview of what you can get from Social Security if you are disabled.

Thirty-eight additional medical conditions have been added to Social Security’s list of conditions which qualify for fast-track Compassionate Allowances in Social Security disabilty claims.

The addition of these new conditions expands the scope of Compassionate Allowances to a broader subgroup of conditions like early-onset Alzheimer’s disease … The expansion we are announcing today means tens of thousands of Americans with devastating disabilities will now get approved for benefits in a matter of days rather than months and years.

Here are the 38 new Compassionate Allowance conditions: Continue reading →

I have worked with a number of people who have gone back to school while applying for Social Security disability benefits. This may be going to (or back to) college, trade school, or just getting more training. Generally, Social Security wants to see people getting on with their lives and trying to find a way to make a living. Going back to school is a common part of this.

However, it can sometimes cause problems in a disability case. Social Security cases can be summed up as, “do your conditions keep you from being able to do some kind of work?” That is a bit of a simplification since the standard is whether an individual can engage is a “substantial gainful activity,” but it is a good question to start with.

I’m not trying to work, I’m just going to school. Is this going to be a problem?

That depends on several factors: Continue reading →

Social Security usually increases Supplemental Security Income benefits annually. Since 2007, SSI benefits have increased from $623, to $637 (in 2008), to $674 (in 2009).

Sadly, Social Security is not increasing SSI benefits for 2010. SSI benefits are staying at $674 for individuals and $1,011 for couples.

This is the first year in a decade that SSI benefits have stayed the same for two years in a row!

The Social Security Red Book page has a nice summary of the the changes in the Social Security system in 2010:

We increased the Substantial Gainful Activity SGA amount for individuals with disabilities, other than blindness, from $980 to $1000 for 2010.

The SGA amount for individuals who are blind is $1,640 for 2010. The amount is unchanged from 2009.

We increased the monthly earnings amount that we use to determine if a month counts for the Trial Work Period TWP from$700 to $720 for 2010.

For 2010, the Supplemental Security Income SSI Federal Benefit Rates FBR is $674 for an eligible individual and $1,011 for an eligible couple. The amounts are unchanged from 2009.

For 2010, the income amounts that will have no effect on eligibility or benefits for SSI beneficiaries who are students is unchanged from 2009.

For 2010, the monthly amount is $1,640 and the yearly maximum is $6,600.

For 2010, the monthly Medicare Part A Hospital Insurance Base Premium is $461, and the 45 percent Reduced Premiums is $254. The Part B Supplementary Medical Insurance monthly Base Premium is $110.50.

via Social Security – The Red Book – What’s New In 2010?.

I was recently asked if Social Security child’s benefits continue for a full time student who is 18 or over. At first blush, the regulations seem to suggest it might be possible.

20 CFR 404.350 “Who is entitled to child’s benefits” states

(a) General. You are entitled to child’s benefits on the earnings record of an insured person who is entitled to old-age or disability benefits or who has died if-

(1) You are the insured person’s child, based upon a relationship described in §§404.355 through 404.359;
(2) You are dependent on the insured, as defined in §§404.360 through 404.365;
(3) You apply;
(4) You are unmarried; and
(5) You are under age 18; you are 18 years old or older and have a disability that began before you became 22 years old; or you are 18 years or older and qualify for benefits as a full-time student as described in §404.367.

Subsection 5 concerns continuing benefits for those 18 or over, who are still full time students. Under this section, it appears an individual has to be either:

1. Under 18; or
2. A Disabled Adult Child (DAC); or
3. 18 or older and a full time student under §404.367.

There is a “however.” Continue reading →

Children can get Social Security benefits if they have a parent who is receiving Social Security Disability Insurance benefits (SSDI). 20 CFR 404.350 is the regulation dealing with who is entitled to Social Security child’s benefits. Generally, the child has to qualify as the parent’s child (more on this in a moment), be dependent on the parent, unmarried, and under 18.

What happens in cases of grandparents, step-parents, or parents who adopt children? Are their children entitled to Social Security child’s benefits?

Social Security has a number of regulations used to decide if a child in these circumstances qualify for auxiliary benefits.

• 20 CFR 404.335 deals with a natural child.
• 20 CFR 404.336 deals with a legally adopted child.
• 20 CFR 404.337 deals with step children.
• 20 CFR 404.338 deals with grandchildren or step-grandchildren.
• 20 CFR 404.339 deals with equitable adopted children.

Even if none of these regulations apply (for example: in cases of a guardianship), you may still want to talk to someone at Social Security to see if the children might qualify under this or another Social Security program.