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Posts under ‘Benefits’

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 [...]

Can you receive Social Security while in jail / prison?


Jonathan Ginsberg of the Social Security Disability Blog writes about what happens to your Social Security benefits if you are in jail/prison.
I recently received an email question from a blog reader about the eligibility of a convicted felon for Social Security disability benefits.  There is a simple answer here – you may not collect disability [...]

Social Security Announces Benefit Increase for 2009


Social Security benefits will be going up in 2009.
Monthly Social Security and Supplemental Security Income benefits for more than 55 million Americans will increase 5.8 percent in 2009, the Social Security Administration announced today.  The 5.8 percent increase is the largest since 1982.
Social Security Announces Benefit Increase for 2009.

Will my SSI benefits continue if I move to a different state?


I was recently asked if you will still receive your Supplemental Security Income (SSI) benefits if you move to a different state.  I understand the fear of moving to a different state when you rely on SSI benefits to make it month to month.
Fortunately, the general answer is yes.
Social Security is a national program.  Whether you [...]

SSI, Settlements/Inheritance, and Special Needs Trusts


Here is a popular questions:
I’m on SSI, do I have to tell Social Security about an inheritance/settlement I am getting?
The answer is simple:
YES!
There is no point beating around the bush with this one.  If you are on SSI and “come into money” whether it is a gift, inheritance or settlement (or through whatever means), you [...]

Supplemental Security Income (SSI) or 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 [...]

Nidich on Social Security Disabled Adult Child (DAC) benefits


I enjoy reading attorney Paul Nidich’s blog Nidich on Anything. Paul’s knowledge nicely dovetails with my own. When there is an area I am uncertain about, I check to see what Paul has written.
A while ago, Paul wrote a nice article about Disabled Adult Child (DAC) benefits.
I did a search for “Disabled Adult Child” last night. [...]

Overpayments: finding an attorney to help you


I have tried to give you as much information as I can about Social Security overpayment / repayment cases, because the chances of finding an attorney to work with you are not very good.
Many Social Security attorneys get paid out of the back benefits they win for the client (typically 25% up to a cap of [...]

Children’s SSI tip: keep those school write-ups!


One of the best tips I can give about building a child’s Social Security (Supplemental Security Income) case is to hold on to any disciplinary report, office notes, write ups, teachers notes, detention or suspension notices, etc.
This includes notes for:

Talking out of turn
Not following instructions
Not sitting down
Fighting
Yelling
Being disruptive 
Cursing
Throwing things

These documents are an important source of [...]

Social Security overpayments: what you need to prove to win!


Overpayment cases are very tough to win.  If you decide to fight an overpayment, you need to know what you are up against.
Here is what the law says about how Social Security evaluates whether you have to pay back an overpayment or not.  This is taken from Social Security Ruling 88-6c.
42 U.S.C. § 404(b)
The regulations state [...]

Social Security Overpayments


It is the opposite of winning the jackpot:  you open the letter from Social Security and find out that you owe them $10,000, $20,000, even $30,000.  
What happened?
There are several scenarios which may result in Social Security claiming an overpayment occurred; and demanding that you repay some, or all, of your benefits.

Social Security says my husband or wife earns too much for me to get SSI


Here is a common problem. You apply for Supplemental Security Income (SSI), but then Social Security tells you that your spouse is making too much money for you to be eligible.

How much is too much?

It was surprisingly difficult to track down an answer. But, at long last, I was able to find out that in [...]

I won my SSI case, now they want to pay me in installments?!?


A lot of things happen after you approved for Supplemental Security Income benefits.
First, Social Security needs to review your financial eligibility.
Second, Social Security must reimburse the State for any interim assistance you recieved while waiting for your SSI decision. In Colorado, the interim assistance program is called Aid for the Needy Disabled (AND). This [...]

When do Social Security children’s benefits stop?


A child may be entitled to receive Social Security child’s benefits if a parent dies. These are called survivor’s benefits.  
However, under Social Security Regulations (20 CFR 404.352), the entitlement to child’s benefits may end for any of the following reasons.

Can a child get Social Security benefits if a parent dies?


Children can be entitled to receive Social Security child’s benefits if the deceased parent was fully insured by Social Security and if they meet 5 tests:

The child is the insured person’s child. See §§404.355 through 404.359;
The child is dependent on the insured. See §§404.360 through 404.365;
The child applies for benefits;
The child is [...]