Monthly Archives: February 2009

How much can I get in SSI benefits in 2009?

By , February 25th, 2009 | SSA News, Supplemental Security Income | 1 Comment

How much money can you get under SSI in 2009

If you are on Supplemental Security Income (SSI), or applying for SSI, you should know that Social Security’s SSI benefits have increased

For 2008, the Federal Benefit Rate (the maximum you can receive in SSI) is $674 for individuals and $1,011 for couples. For most people though, this means the maximum SSI benefits you can get i 2008 is $674 per month.

This is up from $637 per month in 2008.

This page lists the Federal Benefit Rates back to 1998.

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25Feb

My ex is disabled, can our kids get benefits?

By , February 23rd, 2009 | Auxiliary Benefits | 5 Comments

I was recently asked this question:
My Ex is getting Social Security disability benefits.  I have custody of our kids.  Can my kids get any benefits because of my ex’s disability?
Perhaps, but you have to meet several requirements:

The disabled parent must be receiving Title 2 Social Security Disability benefits. If the parent is receiving Title 16 SSI benefits, there are no auxiliary benefits available.  Auxiliary benefits are benefits paid to a spouse or minor child of a disabled individual.
You have to be able to prove that the child is the child of the disabled parent.  This is usually a non-issue, but there are instances where this is disputed.  For example: …

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23Feb

What is Social Security doing with the Economic Stimulus?

By , February 20th, 2009 | SSA News | 0 Comments

newspaper 

What is Social Security doing with its share of the economic stimulus? Building a huge data center, of course!
Using a hefty down payment from the newly signed economic stimulus law, the Social Security Administration has embarked on a $750 million project to replace its outmoded National Computer Center.

The agency received a total of $1 billion in the stimulus, with half to go toward the computer project and half for reducing a huge backlog in processing disability claims.

The injection of funds could result in hiring 5,000 to 6,000 workers in Baltimore and around the country, Michael J. Astrue, the commissioner of the Social Security Administration, said in an interview yesterday.
Read the entire article …

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20Feb

Does your story hold up, or is it full of holes?

By , February 19th, 2009 | 3 Hearings, Building a Case | 0 Comments

red colander

Part of what any good attorney does is listen carefully.

I am always on the look out for inconsistencies. Some problems are obvious, others may seem minor. But, they always run the risk of derailing a case.

The individual with epilepsy, or other seizure disorder, who still has a drivers’ license and regularly drives. 
The PTSD or social anxiety disorder sufferer who still goes to their children’s school events, supermarkets or church service. 

Social Security hearings are largely credibility assessments: can the judge believe what you say about your disabilities. If your testimony at hearing is inconsistent, why should the judge believe you are disabled?

I listen for these potential problem areas, because if I can spot a potential pitfall, we may be able to avoid it.

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19Feb

Social Security stimulus payments coming in May

By , February 18th, 2009 | SSA News | 26 Comments

You may have already heard that part of the Obama’s stimulus package is a one time payment to recipients of Social Security.

The payment will be $250 and it was just revealed that everyone entitled to receive a payment should have it by late May 2009.

Social Security also revealed that if you are eligible for the one time payment, there is nothing you need to do. Social Security will automatically send you the payment.

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18Feb

Making your Social Security claim stand out!

By , February 17th, 2009 | 3 Hearings, Building a Case | 2 Comments

Make your Social Security disability case stand out!

Gordon Gates writes about how he tries to make each case different and memorable when preparing to go to hearing.
I am always concerned that a particular claim will not get the attention it deserves at the hearing level, due to the tremendous workload at the Social Security hearing offices. Each administrative law judge decides several hundred claims every year.

I have an upcoming hearing with a client who has an unusual story. The medical evidence is very good, and the claim should be granted at hearing. Nevertheless, I am spending a great deal of time on the claimant’s story…, because it is so unusual. That story will be the hook that draws the judge into the case.
I agree completely!

In my office, I regularly meet with my clients and listen to their stories.  Every once in a while I hear something that rings a bell.  My eyebrows jump, and I make sure to write down that story in my notes.

Every individual applying for Social Security has had unique experiences related to their disability. It does not have to be anything big.  I am not talking about a trip to the ICU.

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17Feb

Increase in Full Retirement Age increases disability claims

By , February 14th, 2009 | SSA News | 0 Comments

 

Here’s an interesting tidbit I came across on Notes on Social Security Reform citing the University of Michigan Retirement Research Center winter newsletter:

Does the Rise in the Full Retirement Age Encourage Disability Benefits Applications?

Evidence from the HRS by Xiaoyan Li and Nicole Maestas WP 2008-198

As the Social Security full retirement age (FRA) rises, the relative generosity of Social Security retirement benefits compared to disability benefits is declining, raising the incentive for insured people to apply for disability benefits. 
We find that an average four month increase in the FRA slightly increases the two-year DI application rate by 0.04-0.30 percentage points. 
The effect is greater among those with a …

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14Feb

Editorial: Does a home study course make you a disability representative?

By , February 12th, 2009 | Lawyers/Attorneys | 8 Comments

I came across this video for a home study course to become representative in Social Security disability cases.

That’s right. A Home. Study. Course.

Do you want to be represented on your Social Security disability case by someone who took a home study course?

Is there a price difference between hiring a lawyer and a non-lawyer representative?

Nope.  The video clearly states, non-lawyer representatives can earn up to $5,300 per case (the maximum allowed by Social Security). Update: the fee cap is $6,000 in 2011.

Since the price is the same, consider the following:

You waited two years or longer to get your case in front of a judge.  Your future, the money you are going to live on, and your health insurance, depends on the outcome of your disability case. Who do you want representing you?

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12Feb

Things to watch out for if your case is moved to a new hearing office

By , February 10th, 2009 | 3 Hearings, Building a Case | 0 Comments

I previously wrote about how Social Security may move a case from one hearing office (Office of Disability Adjudication and Review – ODAR) to another to try to ease case congestion and speed up processing.

Usually, there is nothing to worry about when this happens. However, there is something you do need to watch out for. If you are not careful, you could delay the decision in your case, or even reduce your chances of winning.

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10Feb

How to replace a lost or stolen Social Security card

By , February 5th, 2009 | Basics | 11 Comments

Losing your Social Security card is a common problem: maybe your purse or wallet was lost or stolen. Maybe you moved. Or, you suddenly find that your Social Security card is no longer in the safe spot you put it.

You need to get a replacement Social Security card!  But, how do you do it? Can you just go down to your local Social Security office?  What do you need to bring?  You do not want to waste time or make more than one trip.

Before we get to the nitty-gritty, please keep in mind that this article is published by my law firm (Stasiuk Firm PC), and not Social Security. Of all the articles on this blog, this one seems to engender some confusion on this point. We love to speak with you when you call. However, my office cannot help you obtain a replacement Social Security card.

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5Feb

If your husband or wife is disabled, you may be entitled to benefits

By , February 3rd, 2009 | Auxiliary Benefits | 5 Comments

If your spouse is disabled and entitled to Social Security Title 2 benefits – Disability Insurance Benefits, you may be entitled to receive benefits from Social Security.

These benefits are called “auxiliary benefits.”

It is important to remember that auxiliary benefits are only available if the disabled spouse (disabled husband or disabled wife) is receiving Disability Insurance benefits. There are no auxiliary benefits when the disable spouse is receiving Social Security Title 16 Supplemental Security Income (SSI) benefits.

Am I entitled to Social Security auxiliary benefits?

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3Feb
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