Dependency in Children’s Social Security auxiliary benefit cases
Children of disabled parents, who receive Social Security Title 2 Disability Insurance Benefits (DIB), may be entitled to auxiliary benefits. However, Social Security has a number of requirements:
(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 …
Video: No Barriers USA
I just came across this amazing organization on Twitter. No Barriers USA is doing some amazing things to help individuals overcome their disabilities.
H.264
H.264
Penrose St Francis Hospital blocking faxed records request
Penrose St Francis Hospital, one of the two major hospitals in Colorado Springs, sent me the following canned response to a (faxed) request for records for one of my clients.
Please note that the fax number you are sending your request to is for physician use only.
…
Medical records requests from law firms need to be mailed to our facility in order to be processed.
Penrose St Francis is refusing lawyers from faxing requests for medical records. Penrose St Francis has a fax number for requests. They even use an third party medical copying service for processing record requests (so, it is not like nurses have to take time out from helping patients …
How to report a lost or stolen Social Security card
I previously wrote about how to replace a lost or stolen Social Security card. However, I am often asked who to report a lost or stolen Social Security card to.
Fortunately Social Security has a page on this very topic:
You can replace your Social Security card for free if it is lost or stolen. However, you may not need to get a replacement card. Knowing your Social Security number is what is important. Social Security does not take reports of lost or stolen Social Security cards or numbers. If you have lost your card, you may apply for a replacement but …
How long do I have to appeal my Social Security disability denial?
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:
The appeal options. What you can do if you disagree with the action or decision.
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.
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:
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:
“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: …
