Social Security disability benefits in a half-way house
Even though you cannot receive Social Security benefits during incarceration, can you get disability if you are out of jail or prison and residing in a half-way house?
Under the Social Security regulations, the answer is “no.”
“I was transferred from prison to a halfway house that is under the control of my state’s Department of Corrections. Can I have my benefits started again since I am no longer in prison?”
No. Social Security will not pay benefits while you reside in any facility under the authority of your state’s Department of Corrections. Even though you are no longer in prison, you …
Starting Social Security disability benefits after incarceration
After you are released from jail or prison, will Social Security let you restart your benefits or will you have to start a new application?
The answer depends on the kind of benefits you received (Social Security Disability Insurance – SSDI, or Supplemental Security Income – SSI) and how long you were incarcerated in jail or prison.
Restarting SSI after incarceration:
It is possible to restart SSI benefits if you were incarcerated for less than 12 months.
After you are incarcerated for a year or longer though, you have to start a …
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:
Can you garnish Social Security disability benefits for child support
A quickie article answering a common question: can you garnish Social Security disability benefits for child support?
Title 2 Disability Insurance (aka SSDI or DIB) benefits can be garnished for child support.
However, Title 16 Supplemental Security Income (aka SSI) benefits cannot be garnished.
This is general information only and not legal advice. Contact a lawyer for advice on your specific circumstances.
The advantages of getting both Social Security Disability Insurance and SSI benefits
I recently wrote about receiving both Social Security Disability Insurance (SSDI or DIB) and Supplemental Security Income (SSI) benefits. Let’s look at the advantages of being on both benefits programs.
Can you get both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)?
I recently wrote about the difference between Social Security disability insurance (SSDI) and Supplemental Security Income (SSI).
But, can you get both: SSI and SSDI?
Depending on your circumstances, yes.
The maximum you can receive on SSI is based on the annual Federal Benefit Rate (FBR). For 2012, the FBR is $698. That mean the most you can receive on SSI in $698 per month.
Disability Insurance Benefits are based on your payroll contribution to Social Security. The more you have paid into Social …
What is the difference between Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI)?
We previously discussed Social Security’s Disability Insurance Benefit (DIB) and Supplemental Security Income (SSI) programs.
The big difference between DIB and SSI is type of income which affects eligibility.
Under the “Disability Insurance” Program, Social Security considers whether you are working and earning money (engaging in a Substantial Gainful Activity – SGA). If you earn too much money as income, you may be denied Social Security DIB benefits. Of course, there …
How far back does Social Security pay disability benefits?
If you are disabled, how far back will Social Security pay benefits? Back to when the disability began?
It depends on whether you are applying for Social Security Disability Insurance (SSDI or DIB), or Supplemental Security Income (SSI).
Social Security Supplemental Security Income (SSI) pays benefits back to the “Protected Filing Date (PFD),” the date you contacted Social Security and asked to apply for benefits.
Social Security Disability Insurance, on the other hand, pays benefits up to 12 months before the Protected Filing Date. However, you should also keep …
What is the “5 month waiting period” in Disability Insurance cases?
If you apply for Social Security Disability Insurance benefits (SSDI or DIB), you may be surprised that Social Security keeps the first 5 months of back benefits.
This is referred to as the “5 month waiting period.”
If you awarded benefits back to January 1st, Social Security actually keeps the benefits for January, February, March… all the way through May. Your disability insurance benefits will start in June.
What?!?! But, it is my money!
I know! But, that is how the system works!
However, there is an exception to the 5 month waiting period.
Can I work and still receive Social Security disability or SSI benefits?
Updated 01/04/12.
Can a person work and still receive Social Security disability benefits or Supplemental Security Income (SSI) benefits?
The answer is a qualified “yes.”
Social Security wants people to try to go back to work. But, the regulations surrounding keeping your benefits while you try to go back to work make it tricky.
Are you engaged in a Substantial Gainful Activity?
Generally speaking, the test of disability is whether you can perform a substantial gainful activity (SGA)? That is, are your monthly gross earnings (income before taxes and deduction) equal to, or greater than the Substantial Gainful Activity amounts set by Social Security.
In 2012, if you are making at least $1,010 per month, before taxes, your work is a substantial gainful activity. To see the current SGA amount, or SGA amount for other years, click here.
So, if I my gross income is the SGA amount, or more, I have a problem,
But, if my monthly gross income is less than SGA, Social Security will leave me alone.
That is generally correct and it is a good rule of thumb.
However, and this is a big however, this is not the end of the analysis. There are exceptions to allow your benefits to continue if you are earning more than SGA and exceptions that might stop your benefits even if you are earning less than SGA.
If you are receiving Supplemental Security Income, you can earn more than the SGA amount and still receive your SSI benefits. But, that is an article in itself.
Does a felony conviction prevent you from getting disability benefits / SSI?
I saw this question in the comments on Jonathan Ginsberg’s site, Social Security Disability Blog:
I would like to know if a convicted felon, who is not incarcerated, can receive Title 16 SSI disability?
This is a great wrinkle on our current discussion on the effect of incarceration on Social Security disability benefits, including SSI. I encourage anyone interested in this topic to bookmark this link and check back as I will be adding articles to the subject in the days and weeks to come.
As a Social Security lawyer in Colorado, I have worked with a number …
Supplemental Security Income (SSI) or Social Security Disability Insurance Benefits (DIB)?
Social Security has two different benefit programs for individuals who are disabled.
Disability Insurance Benefits (DIB, also known as SSDI, or Title 2 benefits); and
Supplemental Security Income (SSI or Title 16 benefits).
Because of its name, it is a common misconception that must apply for “Disability Insurance” if you are disabled. Actually, both programs provide disability benefits.
What is Disability Insurance Benefits (DIB)?
Generally, Disability Insurance Benefits are based on your payroll contribution to Social Security. To qualify for DIB, you have to have earned enough Social Security credits, in the right time frame, by paying into Social Security through payroll taxes.
There are several circumstances in which you may not have enough credits for Social Security Disability Insurance:
