My SSI benefits stopped because I was in a hospital! Why?
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?
Retraining options if you are disabled
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:
How to avoid an overpayment of Social Security benefits
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:
Roger Ebert’s new voice
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.
Super fast Social Security disability benefits
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 …
Are Social Security disability benefits forever?
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:
“Combined years of experience” in legal advertising
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!
What exactly are Social Security disability benefits?
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:
Monthly cash benefits – to help you pay for your expenses.
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 …
38 conditions added to Compassionate Allowance program in Social Security disability cases
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:
How going to school affects a Social Security disability benefits case?
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:
How much can I get from SSI in 2010?
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!
What’s new in Social Security in 2010?
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 …
Can a 18 year old full time student still get Social Security child’s benefits?
I was recently asked if Social Security child’s benefits continue for a full-time student who is 18 or over.
Here is the answer in a directly from Social Security:
No. At one time, SSA did pay benefits to eligible college students, but the law changed in 1981. Benefits stop when a child reaches age 18 unless he or she:
Is disabled; or
Attends a secondary (grade 12 or below) or elementary school full-time.
In general, benefits end when:
The student graduates ; or
The student turns age 19 and two months, whichever is first.
Normally, benefits stop when a child reaches age 18 unless he or she is disabled. However, if the child is still a full-time student at a secondary (or elementary) school at age 18, benefits generally can continue until he or she graduates or until two months after he or she reaches age 19, whichever is first.
Here are the applicable regulations:
Can adopted children receive Social Security benefits because of parent’s disability?
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 …
What are Social Security auxiliary benefits
When a disabled individual receives Social Security disability insurance benefits (also known as DIB, SSDI or Title 2 benefits), their spouse and/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: …
