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:

1. The appeal options. What you can do if you disagree with the action or decision.
2. 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.
3. 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:

65 days to appeal a Social Security denial

In most Social Security cases, you have 65 days to appeal a denial or decision. Again, there is no guarantee of 65 days; this is just the most common time limit.

Hold on, isn’t it 60 days?

Yes and no. Social Security typically gives you 60 days to file an appeal. However the 60 days normally do not start until 5 days after the date on the decision. Those 5 days are the mailing time Social Security assumes it will take to get the denial to you.

So, effectively, you have 65 days from the date on the decision to appeal.

In theory, if it took longer than 5 days to get the decision to you, you might have an extra couple of days beyond that. However, if you file the appeal more than 65 days after the date on the denial, Social Security will assume that it is a late appeal and you will have to explain the late filing. Can you prove it took longer than 5 days to get the denial?

Note: if the denial is sitting for several days in a mailbox or PO Box because you have not picked it up, this will not normally extend the deadline.

Deadline to what?

I mailed the appeal on the 65th day. I even got confirmation from the post office. I’m good, right?

Probably not. Appeals are not taxes. Getting a postmark by the last day does not stop the deadline clock.

You have to get the appeal into Social Security’s hands on or before the deadline. If you are close to the deadline, that may mean overnighting the appeal, or walking it in.

What if the deadline falls on a weekend or holiday?

If the deadline falls on a weekend or national holiday, then the deadline is moved to the next business day.

However, don’t bet your case on it! I have seen too many cases where the appeal was properly filed on the next business day after a weekend deadline and in every single instance, Social Security treated it as a late appeal. This was able to be resolved with a letter explaining the circumstances. However, it put an extra hurdle in the way of proving the disability case.

If at all possible, get the appeal in early!

Wrap-up

I want to remind you again, deadlines can change and the best source for finding the deadline in your case is to check your Social Security paperwork or contact Social Security directly.

Check out this article for more tips on dealing with Social Security deadlines.

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?

To be a community residence, a facility must provide food and shelter. In addition, it must make available some other services. For example, the other services could be-

(i) Social services;
(ii) Help with personal living activities;
(iii) Training in socialization and life skills; or
(iv) Providing occasional or incidental medical or remedial care.

Serving no more than 16 residents. A community residence serves no more than 16 residents if-

(i) It is designed and planned to serve no more than 16 residents, or the design and plan were changed to serve no more than 16 residents; and
(ii) It is in fact serving 16 or fewer residents.

Publicly operated. A community residence is publicly operated if it is operated or controlled by the Federal government, a State, or a political subdivision of a State such as a city or county.

Facilities which are not a publicly operated community residence. If you live in any of the following facilities, you are not a resident of a publicly operated community residence:

(i) A residential facility which is on the grounds of or next to a large institution or multipurpose complex;
(ii) An educational or vocational training institution whose main function is to provide an approved, accredited, or recognized program to some or all of those who live there;
(iii) A jail or other facility where the personal freedom of anyone who lives there is restricted because that person is a prisoner, is being held under court order, or is being held until charges against that person are disposed of; or
(iv) A medical treatment facility (defined in §416.201).

Citations:

• 20 CFR §416.201 General definitions and terms used in this subpart.
• 20 CFR §416.211 You are a resident of a public institution.
• 20 CFR §416.212 Continuation of full benefits in certain cases of medical confinement.
• 20 CFR §416.414 Amount of benefits; eligible individual or eligible couple in a medical treatment facility.

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:

Social Security does not provide retraining

This comes as a surprise to many people. However, Social Security does not provide any retraining services. For right or wrong, it is just not part of Social Security’s charter. Of course the monthly benefits and health insurance Social Security provides may go a long way to help you while going back to school.

The Department of Vocational Rehabilitation

If you are looking for retraining in a new field, your local Department of Vocational Rehabilitation (DVR) is the agency to contact. DVR offers a variety of services including diagnosing impairments, retraining, and job placement services.

Here is a list of services from the Colorado DVR website:

• Evaluation and diagnostic services provided to determine eligibility and the services needed for the individual to become employed;
• Vocational rehabilitation counseling and guidance provided directly by a vocational rehabilitation counselor during the individual’s plan of services;
• Physical and mental restoration services which may be provided to correct or substantially modify an individual’s physical or mental condition;
• Training services, when necessary to become employed, including vocational training, academic training, personal and vocational adjustment training, job coaching, on-the-job training, job-seeking skills training, and books, tools, and other training materials;
• Specialized services for individuals who are blind, deaf, and deaf-blind, including interpreter services, note-taking services, and reader services;
• Rehabilitation technology services, including assistive technology devices, assistive technology services, and rehabilitation engineering services to address barriers encountered by an individual in attaining or retaining employment;
• Placement services provided to assist an individual with a disability to find adequate and suitable employment in his/her chosen career;
• Supportive services, such as maintenance, transportation, personal assistance services and services to family members may also be provided if necessary for the individual to utilize the services identified above.

Want to contact a DVR office in your part of Colorado? Follow this link.

School Disability Services Office

If you are considering going back to school, it’s not unusual to be worried about the rigors of classes, notes, and tests. Maybe you have a learning impairment such as dyslexia, ADD or ADHD. Maybe social anxiety disorder makes it difficult to attend classes. Maybe you just barely made it through school the first time.

If you are worried about making it in school, contact the Disability Services office of the school you are thinking of attending.

The Disability Services office can help you succeed by providing various accommodations such as the following:

• Online classes
• Note takers
• Assistive technology
• Alternate testing
• Additional time on tests or assignments
• Readers
• Books on tape
• Tutoring

By contacting the Disability Services office, you can find out what services may be available to you.

Here is a list of Disability Services offices for local colleges:

• Pueblo Community College (PCC)
• University of Colorado at Colorado Springs (UCCS)
• Colorado College
• Colorado State College Resources for Disabled Students
• Pikes Peak Community College (PPCC)
• Otero Junior College
• Adams State College

If you have a link to another Colorado college Disability Services office, let me know in the comments.

Working with a Vocational Specialist

This is the one tip you will ignore.  You may consider it, keep it in the back of your mind, but ultimately you will decide that you really can’t afford to do this and you will forget it.

That is a shame, because this is the one retraining tip that can make the most difference.

Vocational specialists work with individuals to help identify their strengths, weaknesses, and limitations. They can also help identify jobs through their specialized resources and on-site job surveys.

I know you may be saying:

So, it’s like career day in high school where I took a test and it told me I would probably make a good pastry chef, even though I don’t want to be a pastry chef.

Well, it is something like that, but a whole lot better. A good vocational specialist is worth the money. A vocational specialist can help you figure out:

1. What kind of a job you would be good at?
2. What kind of job will accommodate your limitations?
3. Whether you are actually likely to find a job based on the number of jobs in the state, whether the industry is growing or shrinking? Whether schools are going to be flooding the market with job applicants, and so on?

How much will a vocational specialist cost? I would budget between $300 to $700 depending on your region and what you want the vocational specialist to do. If you think that is a lot, consider how much you will pay for just one class in college.

So, here is your choice:

• You can either spend years of your life and thousands of dollars on training with no idea if you will be able to perform the duties of a in that industry? Whether there are jobs in your area? Or, your likelihood of being hired or running your own business? Or,
• You can spend a few hundred dollars up front to work with a vocational specialist to figure out the best jobs for you and your limitations, and the find the jobs that have the best income potential.

If this sounds good, please prove me wrong and consider using a vocational expert.

Have you gone back to school to get retraining after an injury? Got tips to share? Tell me in the comments!

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:

• Reporting Your Wages When You Receive Supplemental Security Income (SSI)
• What You Need To Know When You Get Supplemental Security Income (SSI)

The second publication provides a list of things you must report to Social Security in plain english with links to further explanations.

Personally, I still see quite a number of people getting bitten because they missed some nuance of the Social Security system and Social Security can be very slow to correct errors which can result in
overpayments in the tens of thousands of dollars. So I am sympathetic to individuals facing an overpayment.

However, the best advice I can give to reduce an individual’s risk of an overpayment, is to read and follow the instructions and notice requirements provided in Social Security publications.

You may note that these publications list the Social Security 800 number as an acceptable way of providing Social Security with information. However, you want able to document your contact with Social Security. If an individual later has to go to hearing, how will they prove that they made a phone call to Social Security and what was said? While it is more difficult, sending a letter with delivery confirmation is often a better method from an evidentiary standpoint.

Request an annual meeting with Social Security

While it may not prevent an overpayment, it is a good idea to try to schedule an annual appointment with Social Security to confirm continuing benefit eligibility. Social Security technicians are trained in the ins and outs of benefit eligibility (even more so than attorneys because of the limitations of legal fees in Social Security matters). Of course, be sure to document the information provided, who the meeting is with, what was discussed, and the outcome.

Unfortunately, the local Social Security office might refuse to add an “extra” meeting to their already overflowing schedule. Sadly, this puts an individual into the position of trying to do a self audit. This is a bad solution because a regular person cannot be expected to know all the eligibility requirements of a trained Social Security technician.

That said, an individual should at least call Social Security to determine the maximum gross (pre-tax and pre-deduction) earnings his or her family can earn and still remain eligible for benefits. Then take a hard look at whether the income is above or below that amount. Being below does not mean a family is safe, but being above that amount is certainly a red flag.

*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.

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 to process benefits before the decision is delivered. Clearly, the Judge’s office is entering the decision and Social Security acting on it immediately (and kudos for that), while the decision takes a few days to be delivered by the post office.

This does not happen all the time. In fact I have only see this is a small portion of cases and only on SSI cases. This makes sense since the local office only processes benefits (after a win) on SSI cases. Disability Insurance (SSDI) benefit cases are processed by a regional payment center.

Unfortunately, in many other cases, it takes four to six weeks after the decision before an appointment is scheduled at the local Social Security office. Since this may cause a hardship, it is sometimes possible to get a case expedited for dire need.

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: Social Security rarely assumes that conditions will continue to be disabling. There are a number of reasons for this:

• While there are some conditions which may never get better, many conditions may improve over time.
• An individual may obtain retraining to allow them to return to work.
• An individual may find ways of living with an otherwise disabling condition and be able to work.

Even in cases of an extremely physically debilitating disability, an individual may confound the odds and find a way of working. One example of this is theoretical physicist Stephen Hawking. Although almost completely paralyzed due to neuro-muscular dystrophy, Dr. Hawking continues to work.

While Social Security does not expect every disabled individual to be Stephen Hawking, whether a currently disabled individual will remain so years from today, is an open question.

Continuing Disability Reviews

So, Social Security reviews cases to check for continuing disability. Not surprisingly, these are called, “Continuing Disability Reviews” or CDRs. CDRs are medical reviews to see if an individual’s disabilities continue to be disabling.

For individuals on Supplemental Security Income (SSI), Social Security may also perform a financial review to confirm continuing financial eligibility.

As a side note: it is important to note that financial changes, and especially returning to work, may alter eligibility for Social Security benefits under either Social Security Disability Insurance or Supplemental Security Income benefits. If an individual returns to work, it is essential to consider the eligibility issue again. Too many people ignore this only to face a hefty Social Security overpayment notice.

How often a case will be reviewed, varies from case to case. CDRs can be performed in as little as 12 months. Although, typically cases are reviewed every three to five years. For children’s cases, Social Security will review the case at age 18, and apply the adult standard of disability. In many instances, this results in the child no longer qualifying for Social Security benefits.

For more information about CDRs, how often they occur and how to prepare for them, check out these articles:

• For some tips on what to do when faced with a CDR, read my earlier article here.
• Tim Moore has great information about CDRs here.
• HCV Advocate also has a great article about the forms Social Security expects you to complete.
• Lastly, for more information about how Social Security reviews cases (in complete mind numbing detail), see §404.1594 How we will determine whether your disability continues or ends.

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!

The main problem with this is that there is no such thing as “combined legal experience.” As much you may feel that lawyers are pod people, we really cannot connect our brains together!

Another problem is that if a lawyer advertises “18 years of combined legal experience” you may rightfully expect that you are getting 18 years of experience on your problem. But, are you really?

Consider what “18 years of combined years of experience” may actually mean:

• 18 lawyers with 1 year of experience.
• 1 lawyer with 17 years of experience and 1 junior associate with 1 year of experience. Psst: you are assigned to the junior associate.
• 1 lawyer with 18 years of experience (in a completely different practice area) who just started practicing law in your area this year.

Don’t be taken in by law firms advertising “combined years of experience.” Many times, it is just a way of making a law firm sound more experienced that it really is.

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:

1. Monthly cash benefits – to help you pay for your expenses.
2. 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 Security Income (SSI). Even though only SSDI has the word, “disability” in its title, both programs provide benefits if you become disabled.

• Both SSDI and SSI provide monthly cash benefits. SSI benefits are limited to the Federal Benefit Rate ($674 per month for 2010), while SSDI can be higher and is based on the amount of your contribution to Social Security through payroll taxes. If you are curious about how much you might be entitled to if you became disabled, Social Security provides online calculators to help you estimate your benefits.
• Both SSDI and SSI provide health insurance. SSDI recipients are eligible to receive Medicare while SSI recipients can receive Medicaid.

Keep in mind that there are differences between SSI and SSDI, and we have not touched on SSI’s financial eligibility requirements, or how Social Security evaluates cases. However, if your are considering applying for benefits this is a very quick overview of what you can get from Social Security if you are disabled.

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:

• Alstrom Syndrome
• Amegakaryocytic Thrombocytopenia
• Ataxia Spinocerebellar
• Ataxia Telangiectasia
• Batten Disease
• Bilateral Retinoblastoma
• Cri du Chat Syndrome
• Degos Disease
• Early-Onset Alzheimer’s Disease
• Edwards Syndrome
• Fibrodysplasia Ossificans Progressiva
• Fukuyama Congenital Muscular Dystrophy
• Glutaric Acidemia Type II
• Hemophagocytic Lymphohistiocytosis (HLH), Familial Type
• Hurler Syndrome, Type IH
• Hunter Syndrome, Type II
• Idiopathic Pulmonary Fibrosis
• Junctional Epidermolysis Bullosa, Lethal Type
• Late Infantile Neuronal Ceroid Lipofuscinoses
• Leigh’s Disease
• Maple Syrup Urine Disease
• Merosin Deficient Congenital Muscular Dystrophy
• Mixed Dementia
• Mucosal Malignant Melanoma
• Neonatal Adrenoleukodystrophy
• Neuronal Ceroid Lipofuscinoses, Infantile Type
• Niemann-Pick Type C
• Patau Syndrome
• Primary Progressive Aphasia
• Progressive Multifocal Leukoencephalopathy
• Sanfilippo Syndrome
• Subacute Sclerosis Panencephalitis
• Tay Sachs Disease
• Thanatophoric Dysplasia, Type 1
• Ullrich Congenital Muscular Dystrophy
• Walker Warburg Syndrome
• Wolman Disease
• Zellweger Syndrome

Social Security will begin electronically identifying cases with these conditions starting March 1, 2010.

Click for more information about Compassionate Allowances from Social Security, click here.

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:

Is going to school consistent with your disability?

If you have PTSD, social anxiety disorder, or another condition, how are you managing with the social requirements of going to school?

This is not an insurmountable question, but Social Security will consider it, and you need to have an answer.

I have known people who go back to school, but they take night or online classes to minimize social interaction. I have had other clients with anxiety disorders who have permission from the school and the instructors allowing them to leave the classroom without any penalty if they feel an anxiety attack coming on.

Social Security often looks to the specific accommodations provided by the school to decide this is consistent with the disability.

Is the school activity comparable to work?

If classes, labs, homework and studying take up around 30 to 40 hours per week going to school may be viewed by Social Security as close enough to what is required in the workplace to suggest that the individual is capable to engaging in a substantial gainful activity (aka working).  Put another way, if you can put in 40 hours a week at something which is as hard as work, Social Security may think you can work. And, if you can work, your case may be denied.

So is your going to school similar to going to work? It all depends on the circumstances.

• How many classes are you taking? Are you going full time, half time, quarter time?
• How are you scheduling your classes? Some people with chronic fatigue disorder have gone to college half time or less, and set up their schedules to limit time in school to only a few hours a day. Or, have several hours between classes for rest periods.
• How many hours are you devoting to school? This is the big question. When you add up all the time between classes, studying, homework, labs, etc, how many hours are you devoting to being in school? Is it close to a 40 hour work-week?

Is the degree inconsistent with the disability?

Ask yourself, “what jobs can I do with my degree?” If the jobs are inconsistent with your current disability, how are you going to explain to Social Security why you are pursuing training in that area?

For example, if you have a seizure disorder and are training to be an electrician, Social Security may wonder how you are planning to deal with the possibility of losing consciousness while working around live wires? The result may be that Social Security may infer that the seizure disorder may not be disabling considering your educational goals, and deny your case.

Of course, not every degree program or retraining is inconsistent with a disability claim. For example, I have had several clients go back to school to become therapists and counselors with the goal of working on their own, in an environment where they can set their own schedules, thereby allowing them to manage their disabilities.

Going to school while pursing a Social Security disability case brings a unique set of potential pitfalls for the unwary. Whether this keeps you from winning your case often depends on how well you understand the potential risks and the documentation you have prepared to resolve potential problems.

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!

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 Security Income SSI Federal Benefit Rates FBR is $674 for an eligible individual and $1,011 for an eligible couple. The amounts are unchanged from 2009.

For 2010, the income amounts that will have no effect on eligibility or benefits for SSI beneficiaries who are students is unchanged from 2009.

For 2010, the monthly amount is $1,640 and the yearly maximum is $6,600.

For 2010, the monthly Medicare Part A Hospital Insurance Base Premium is $461, and the 45 percent Reduced Premiums is $254. The Part B Supplementary Medical Insurance monthly Base Premium is $110.50.

via Social Security – The Red Book – What’s New In 2010?.

20 CFR 404.350 “Who is entitled to child’s benefits” states

(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 apply;
(4) You are unmarried; and
(5) You are under age 18; you are 18 years old or older and have a disability that began before you became 22 years old; or you are 18 years or older and qualify for benefits as a full-time student as described in §404.367.

Subsection 5 concerns continuing benefits for those 18 or over, who are still full time students. Under this section, it appears an individual has to be either:

1. Under 18; or
2. A Disabled Adult Child (DAC); or
3. 18 or older and a full time student under §404.367.

There is a “however.”

However, §404.367 only deals with primary and secondary school students. In fact part “e” specifically requires that “You are in grade 12 or below.”

As such, it appears that the child’s benefits are only paid to full time students over 18 while they are still in high school.

As always, I encourage contacting Social Security for answers on how the regulations apply to any individual’s specific circumstances.

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 has a number of regulations used to decide if a child in these circumstances qualify for auxiliary benefits.

• 20 CFR 404.335 deals with a natural child.
• 20 CFR 404.336 deals with a legally adopted child.
• 20 CFR 404.337 deals with step children.
• 20 CFR 404.338 deals with grandchildren or step-grandchildren.
• 20 CFR 404.339 deals with equitable adopted children.

Even if none of these regulations apply (for example: in cases of a guardianship), you may still want to talk to someone at Social Security to see if the children might qualify under this or another Social Security program.

When a disabled individual receives Social Security disability insurance benefits (also known as DIB, SSDI or Title 2 benefits), their spouse 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: Even though only “Social Security Disability Insurance” uses the word “disability,” both programs provide Social Security benefits for disabled individuals. However, only Social Security Disability Insurance (SSDI) has auxiliary benefits.

This means you have to be receiving SSDI for your spouse or children to receive auxiliary benefits. If you are on SSI, you are the only person who can receive benefits because there are not auxiliary benefits for SSI.

See my other articles on auxiliary benefits are other types of Social Security benefits you may not be aware of.

We love our clients and want to make working with our office the best experience possible!  So, we are sending out this  letter to all of our clients asking what we can do better:

As the New Year arrives, I am grateful for the opportunity to continue to serve you.  For 2010, I am resolving to serve you better.  That is why I am asking you the following question:

If you could make one change in my office, what would it be?

Nothing is off the table. If you think we need to communicate differently, bill differently, stay open longer, use different technology, or even answer the phone faster, let me know.  I am committed to making working with my office a better experience for you.

Send me a letter, email tomasz AT stasiukfirm.com, or leave a message at (719) 359-9311.

I will collect the answers, and post them in our office for everyone to see.  On January 31, I will choose (at least) one to implement in 2010.

Of course, I may ask you for some help in getting everything “just right.”

Thank you again for choosing the Stasiuk Firm and for helping us to become the law firm you deserve!

We also love our readers on this site! If you have a suggestion, stories about good or bad experiences with lawyers, or anything else, make a comment, send me at email at tomasz AT stasiukfirm.com or call the message number (719-359-9311). We would love to hear from you!

This is your chance to say what you really want when working with a lawyer!

Thanks to Matt Homann for the idea!

Since attorneys fees are set (and have to be approved by) Social Security, the bigger question in a Social Security disability case is the amount of the expenses. Since expenses are different in each case, clients often wonder how much they will owe.

What do I have to pay for? Copying? Faxing? Phone calls? Travel expenses? Administrative fees?!?

Personally, I try to keep things simple. I have made it a policy not to nickel and dime my clients for photocopies, faxes, phone calls or the mysterious “administrative charges.” Except for truly unusual circumstances, my clients only pay of the cost of medical records to build their case.

So how much are the records going to cost?

On average, it costs between $100-200 to get the relevant medical records in a Social Security disability case. Sometimes a bit more, sometimes a bit less. My most expensive case was around $600. The cheapest had no record costs because my client had all of heir records already. The record costs depends on two things:

1. The number of doctors we have to contact; and
2. How far back we have to go with the records.

The more doctos and the further back we go, the more expensive the case will be. Getting the last 5 years of records is more costly than just getting the last 18 months.

Another rule of thumb is hospital records are more expensive than doctor’s records. The simple reason for this is that hospitals generally generate more pages of records. Even though my office limits the medical requests to try to eliminate unnecessary records and minimize the cost to my clients, hospitals still generate more pages than doctors’ offices.

Don’t lawyers pad their bills with “record costs”.

No, not in my experience. Any expense you have to pay for medical records go straight out the door to pay the doctor (or the doctors’s copying service). In fact, the law office often advances the cost for the records, so you are just reimbursing the law office for money spent.

To make sure you are only paying what the law office spent, you should always receive a copy of the invoice from the doctor or medical copier.

If you are worried Bout getting fleeced by a lawyer, see my artcle about lawyer’s secret gold mine.

It can be very difficult to get by on the small amount of Supplemental Security Income (SSI) pays. Many individuals are forced to borrow money from friends or family just to make ends meet. But, how can this negatively affect SSI eligibility?

If you need to borrow money from family or friends, you may be able to do this without affecting SSI eligibility.However, it has to be clear and provable to Social Security that the money was a loan and not a gift.

SSI is a “needs based” program. If a friend of family member is providing money, food, clothing or shelter, the SSI benefits may be reduced or stopped altogether.

I have had a number of cases where a client lives with family while the SSI cases is winding its way through the SSA system. If the claimant is expected to pay back the cost of rent or utilities, I encourage using a written agreement (it does not have to be formal) stating what the claimant will pay for, and an itemization of the expenses.

Keep in mind that this is not fool-proof! However, it can help show Social Security that the money or other assistance was a loan and not a gift.

Even though you live with your pain every day, the Social Security technician or the disability examiner doesn’t know what you are going through, and they won’t know, unless you can tell them. You may feel like yelling,

You don’t know what I go through every day!

And you would be right. No one really knows what it is like to be in another person’s skin. But, when you are applying for Social Security benefits, you have to do your best to communicate the quality of your pain.

Here are some areas to describe:

Nature of the Pain: What is the pain like? Is it sharp? Dull? Aching? Shooting? Throbbing? Electric? Burning? Is it a constant ache that turns into spams as it gets worse?

Location: Where is the pain located? In your neck? Temple? Shoulder? Low back? Wrists? Is it in your buttocks with shooting pains down your legs and into your toes? Social Security won’t know if you can’t describe it.

Frequency & Duration: Is it painful all the time or just some of the time? How long does the pain last? Do you feel better in the morning, and then get worse over the course of the day?  Or, does it start bad in the morning and keep getting worse until you go to bed?

Triggers: Some pain happens no matter what an individual does. Other pains can be related to certain causes. Do you have an electric pain that doubles you over, but goes away when you lie down? Does the pain only happen when you walk a block or climb stairs? Does it get worse if you stand for more than ten minutes.

Effects of Pain: Does the pain affect how much you can lift or carry? How long you can sit, stand or walk? Does the pain affect your ability to read a book, or follow a tv show?

Effect of Medications: Do your medicines help? How? Do the pills (or shots, or other treatment) relieve all of the pain or just some of the pain? What do the medications help with? What do the medications not relieve? For example, do the medications help your muscles relax and stop spasming, but have no impact on the continual dull ache? Do the medications last until the next dose or is the pain back up before you can take another dose?

If you think that you could write a page or two describing your pain, your on the right track! Whether you are getting ready to apply or preparing for your hearing, being able to discuss your pain is an important part of building your case.