Published by the Stasiuk Firm PC | In Colorado, Call for a Free Consultation (800) 407-0166
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.
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:
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.
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.
When a disabled individual receives Social Security disability insurance benefits (also known as DIB, SSDI or Title 2 benefits), their spouse or minor children may also be eligible to receive Social Security benefits. These benefits paid to the spouse or minor child are called “auxiliary benefits.”
Wait a minute, I’m on SSI, but my kids didn’t get any Social Security benefits.
Whether a spouse or children receive Social Security benefits depends on which Social Security benefits the spouse or parent is receiving. There are two kinds of Social Security disability benefits: Social Security disability insurance (SSDI) and Supplemental Security Income (SSI).
Note: Even though only “Social Security Disability Insurance” uses the word “disability,” both programs provide Social Security benefits for disabled individuals. However, only Social Security Disability Insurance (SSDI) has auxiliary benefits.
This means you have to be receiving SSDI for your spouse or children to receive auxiliary benefits. If you are on SSI, you are the only person who can receive benefits because there are not auxiliary benefits for SSI.
See my other articles on auxiliary benefits are other types of Social Security benefits you may not be aware of.
We love our clients and want to make working with our office the best experience possible! So, we are sending out this letter to all of our clients asking what we can do better:
As the New Year arrives, I am grateful for the opportunity to continue to serve you. For 2010, I am resolving to serve you better. That is why I am asking you the following question:
If you could make one change in my office, what would it be?
Nothing is off the table. If you think we need to communicate differently, bill differently, stay open longer, use different technology, or even answer the phone faster, let me know. I am committed to making working with my office a better experience for you.
Send me a letter, email tomasz AT stasiukfirm.com, or leave a message at (719) 359-9311.
I will collect the answers, and post them in our office for everyone to see. On January 31, I will choose (at least) one to implement in 2010.
Of course, I may ask you for some help in getting everything “just right.”
Thank you again for choosing the Stasiuk Firm and for helping us to become the law firm you deserve!
We also love our readers on this site! If you have a suggestion, stories about good or bad experiences with lawyers, or anything else, make a comment, send me at email at tomasz AT stasiukfirm.com or call the message number (719-359-9311). We would love to hear from you!
This is your chance to say what you really want when working with a lawyer!
Thanks to Matt Homann for the idea!
Since attorneys fees are set (and have to be approved by) Social Security, the bigger question in a Social Security disability case is the amount of the expenses. Since expenses are different in each case, clients often wonder how much they will owe.
What do I have to pay for? Copying? Faxing? Phone calls? Travel expenses? Administrative fees?!?
Personally, I try to keep things simple. I have made it a policy not to nickel and dime my clients for photocopies, faxes, phone calls or the mysterious “administrative charges.” Except for truly unusual circumstances, my clients only pay of the cost of medical records to build their case. Continue reading →
It can be very difficult to get by on the small amount of Supplemental Security Income (SSI) pays. Many individuals are forced to borrow money from friends or family just to make ends meet. But, how can this negatively affect SSI eligibility? Continue reading →
Even though you live with your pain every day, the Social Security technician or the disability examiner doesn’t know what you are going through, and they won’t know, unless you can tell them. You may feel like yelling,
You don’t know what I go through every day!
And you would be right. No one really knows what it is like to be in another person’s skin. But, when you are applying for Social Security benefits, you have to do your best to communicate the quality of your pain.
Here are some areas to describe Continue reading →
If your spouse dies leaving you to take care of his or her children under the age of 16, you may be entitled to Mother’s and Father’s benefits (commonly called parent’s benefits) under Social Security.
These are separate from the benefits the children may be entitled to based on the death of their parent. Continue reading →
If you have a long-standing history with your doctor, it is often a good idea to speak with your doctor early on during the Social Security disability application process.
Here are some things you should discuss:
Keep in mind that depending on your age you may not need to prove that you cannot perform any kind of work to qualify for Social Security disability benefits. Continue reading →
Social Security may approve Supplemental Security Income (SSI) benefits to children with a low birth weight (regardless or whether the child is premature).
According to the Social Security regulations, these cases are often reviewed by the child’s first birthday.
When we will conduct a continuing disability review. … we will start a continuing disability review …
By your first birthday, if you are a child whose low birth weight was a contributing factor material to our determination that you were disabled; i.e., whether we would have found you disabled if we had not considered your low birth weight. However, we will conduct your continuing disability review later if at the time of our initial determination that you were disabled.
That last sentence from 20 CFR 416.990 is a bit unclear. While not legally binding on Social Security, the publication Benefits For Children With Disabilities provides a better explanation.
By age 1 for babies who are getting SSI payments because of their low birth weight, unless we determine their medical condition is not expected to improve by their first birthday and we schedule the review for a later date.
In other words, unless Social does not expect improvement, a low birth weight baby approved for Social Security SSI benefits will usually have his or her case reviewed by age 1.
Under Social Security regulations low birth weight babies may qualify for Social Security disability (Supplemental Security Income – SSI) benefits.
It is important to note that Social Security does not specifically consider whether the child is premature or not. Social Security considers the birth weight of the child:
“Low birth weight” is defined as a birth weight under 1,200 grams (2 pounds 10 ounces) or under 2,000 grams and small for gestational age.
Social Security does provide SSI disability benefits to certain low birth weight infants, whether or not they are premature. A child who weighs less than 1200 grams (about 2 pounds, 10 ounces) at birth can qualify for SSI on the basis of low birth weight, if otherwise eligible. A child who weighs between 1200 and 2000 grams at birth (about 4 pounds 6 ounces) AND who is considered small for his or her gestational age may also qualify. For this second category of low birth weight infants, the following chart shows the gestational age at birth and corresponding birth weight that satisfies our “small for gestational age” criterion.
However, even newborns over 1,200 grams may qualify for SSI depending on their gestational age. LIsted below are the gestational ages and birth weights that may qualify a child for Supplemental Security Income benefits (re-formated from the Social Security website for easier viewing:
37-40 weeks — Less than 2000 grams (4 pounds, 6 ounces)
36 weeks — 1875 grams or less (4 pounds, 2 ounces)
35 weeks — 1700 grams or less (3 pounds, 12 ounces)
34 weeks — 1500 grams or less (3 pounds, 5 ounces)
33 weeks — 1325 grams or less (2 pounds, 15 ounces)
For more information, check out the Social Security FAQ.
Yes. Under some circumstances, Social Security can immediately start Social Security disability benefits, and continue to pay benefits for up to six months, while the state agency component of Social Security makes a formal decision of whether the child is disabled. These are called “Presumptive Disability” cases.
Basically, Social Security is saying that the child is probably disabled, and as such will pay benefits, while it reviews the case to confirm the presumed disability.
Here are the conditions that may qualify: Continue reading →
Mark E. Smith’s great blog Wheelchairjunkie.com, has a great article about powerchairs — a topic which combines two issues I am passionate about: disabilities and technology.
I have seen some amazing powerchairs, from a super speedy model with an Herman Miller Aeron chair, running circles around people at Sam’s club, to a Dean Kamen Segway filled with a small bench (!) at Whole Foods letting the rider sit much higher that in a traditional chair, aiding in shopping and interacting with people at a common height. It is exciting seeing the developments in this area. These advances create an expectation of more than just simple mobility but also freedom.
So, do powerchairs chairs really cost as much as a car.
Not long ago, I saw a television news story about an amazing young woman who happened to use a power wheelchair. … However, just as I was enjoying the story, watching the young woman walk her dog through the grass at a park, the reporter uttered the very words that make me want to rip my flat-screen cable television from the wall every time I hear such statements: “Her power wheelchair cost $30,000, as much as a car,” the reporter said.Like a football fan whose quarterback just dropped the ball, I wanted to jump into the television and choke the reporter. “Power wheelchairs dont cost as much as cars – thats a $5,000 wheelchair configuration, not a $30,000 one!” I screamed, rolling close to the TV, trying to get in the reporters face.
via Cars VS. Chairs – WheelchairJunkie.com. Also check out Mark’s other blog, PowerchairDairies.
