Social Security Disability SSDI / SSI » Social Security SSD/SSI

Do I have to file a tax return on my SSI / SSDI Benefits?

admin — Wed, 01 Feb 2012 05:15:22 +0000

It is tax time and I have been getting quite a few questions regarding past clients and their responsibility to pay taxes on their social security benefit checks.

Well, the rule is clear. You will have to pay federal taxes on your Social Security benefits if you file a federal tax return as an individual and your total income is more than $25,000. If you file a joint return, you will have to pay taxes if you and your spouse have a total income of more than $32,000. (see SSA.GOV)

What does this mean for the ordinary person receiving SSI / SSDI benefits? Well it all depends on whether you have other substantial income. This is what the Social Security Administrations has to say about taxes and SSD Benefits:

Some people have to pay federal income taxes on their Social Security benefits. This usually happens only if you have other substantial income (such as wages, self-employment, interest, dividends and other taxable income that must be reported on your tax return) in addition to your benefits.

No one pays federal income tax on more than 85 percent of his or her Social Security benefits based on Internal Revenue Service (IRS) rules. If you:

file a federal tax return as an “individual” and yourcombined income* is
- between $25,000 and $34,000, you may have to pay income tax on up to 50 percent of your benefits.
- more than $34,000, up to 85 percent of your benefits may be taxable.
file a joint return, and you and your spouse have acombined income* that is
- between $32,000 and $44,000, you may have to pay income tax on up to 50 percent of your benefits
- more than $44,000, up to 85 percent of your benefits may be taxable.
are married and file a separate tax return, you probably will pay taxes on your benefits.

If you do have to pay taxes on your Social Security benefits, you can make quarterly estimated tax payments to the IRS or choose to have federal taxes withheld from your benefits.Each January you will receive a Social Security Benefit Statement(Form SSA-1099) showing the amount of benefits you received in the previous year. You can use this Benefit Statement when you complete your federal income tax return to find out if your benefits are subject to tax.

Can I get disability for my child?

admin — Sun, 08 Jan 2012 04:05:10 +0000

Can my daughter and/or son get disability benefits if they are disabled?

The only Social Security disability program that addresses disability for children is called SSI and it is resources based. That is, your income affects whether your child is eligible for benefits. For the income levels see: Does my income affect my child’s disability payments?

Ok, so you reviewed the income chart and you are now asking yourself, now what? Well, first go to your local Social Security Field Office and set-up an interview time. During the interview SSA will obtain a narrative from you regarding the timeline of your child’s medical history. For instance, you will be able to go into great detail regarding your child’s disability (e.g. diagnosis of high functioning autism or ADHD ). At this appointment you will provide address of the child’s treating physicians, telephone numbers, facilities, clinics, hospitals, and treatment dates.
Next the claim is reviewed by your state’s disability-processing agency for processing. If enough evidence is acquired from your child’s treatment notes then the BDD or DDS will make a decision without sending your child to a consultative exam with a physician.

Once a favorable decision is reached, your local Social Security office will contact you to make an appointment to review your income and resources in order to compare your income to the allowance chart in order to make sure that your income still qualifies your child to receive benefits.

In the unfortunate event that your child’s benefits are denied, call 1-800-596-1533 for a free attorney consultation.

Can I get both worker’s compensation and Social Security disability benefits?

admin — Fri, 06 Jan 2012 00:49:26 +0000

Can I get both worker’s compensation and Social Security disability benefits?

Workers’ compensation pays benefits to employees who suffer an injury at work or experience a work-related illness. Benefits for workers’ compensation include medical treatment and money for the partial replacement of lost wages. For an employee who cannot work while recovering from an injury or work-related illness, workers’ compensation can pay temporary total disability benefits. In cases in which the injury or work-related illness has long-term or permanent consequences, an employee can receive permanent disability benefits. When an employee dies as the result of an injury or work-related illness, then the employee’s dependents can receive survivor benefits. In general, workers’ compensation is a program run by state governments.

Similarly, Social Security Disability Insurance (“SSDI”) provides benefits to insured workers with disabilities, or in other words, to those who: (1) have been employed for at least five of the last ten years; (2) have paid FICA (“Federal Insurance Contributions Act”) taxes; and (3) have a “disability” as the Social Security Administration defines the term. A disability, for purposes of Social Security, is a serious medical condition that lasts (or has lasted) for more than a year and prevents someone from being gainfully employed. In addition, SSDI will provide benefits to the disabled children of insured workers, so long as the children became disabled before they reached the age of 22, as well as to the disabled surviving spouses of insured workers who have died. Generally, SSDI is administered by the federal government.

A person can receive workers’ compensation and SSDI benefits at the same time, but workers’ compensation benefits might reduce the amount of SSDI benefits. Under the Social Security Administration’s rules, a person who receives workers’ compensation benefits and Social Security disability benefits at the same time may not receive combined benefits that amount to more than 80 percent of the person’s average current earnings before the person became disabled. For example, if a person earned $4,000.00 per month before becoming disabled, then the person would be eligible to receive $2,200.00 per month in SSDI benefits after becoming disabled. If that same person were also to receive $2,000.00 per month in benefits from workers’ compensation, then the person’s SSDI benefits would be reduced to $200.00 per month to comply with the Social Security Administration’s 80 percent rule.

If you have a current or potential worker’s compensation claim and are interested in applying for SSDI benefits, or if you simply want to be sure that you are receiving the maximum SSDI benefits for which you are eligible, then you should consider speaking with an attorney who has experience with Social Security law in order to minimize the off-set. Call the Nationwide Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

Can I receive Medicare or Medicaid benefits at the same time as I receive Social Security disability benefits?

admin — Fri, 11 Nov 2011 14:03:55 +0000

Attorneys such as John T. Nicholson who practice Social Security law often hear questions about whether someone could receive Social Security disability benefits at the same time as Medicare or Medicaid benefits. In general, someone who satisfies all of the relevant eligibility requirements can receive Social Security disability benefits and Medicare or Medicaid at the same time. Whether anyone in particular could receive these benefits, however, would depend upon the specific circumstances.

The Centers for Medicare & Medicaid Services (“CMS”) has administrative responsibility for Medicare and Medicaid. Medicare is
a national health insurance program serving U.S. citizens (and permanent residents) who have reached at least age 65, as well those younger than 65 who have certain disabilities, permanent kidney failure or amyotrophic lateral sclerosis (“ALS,” commonly known as Lou Gehrig’s disease). Medicare comes in four types.

1. Part A (hospital insurance). Medicare Part A helps to pay for the cost of inpatient care in hospitals and skilled nursing facilities—including care in critical access hospitals, but excluding custodial and long-term care in nursing facilities. Although the other types of Medicare usually require payment of a monthly premium, payroll taxes and self-employment taxes cover premiums for Medicare Part A in most cases.

2. Part B (medical insurance). Medicare Part B helps to pay for the cost of doctors’ services and outpatient care; in addition, it helps to pay for the cost of some of the services provided by physical and occupational therapists, as well as some of the cost of home health care. Those whose Medicare Part A premiums are covered by payroll or self-employment taxes may enroll in Part B. Coverage under Part B generally requires payment of a monthly premium.

3. Part C (Medicare Advantage plans). Those insured under Medicare Parts A and B can choose to enroll in a Medicare Part C, or “Medicare Advantage,” plan. Medicare Advantage plans, which must be approved by Medicare, are offered by private insurers. The coverage provided under these plans must be at least as good as what Medicare provides, but coverage otherwise varies from insurer to insurer. Medicare pays private insurers a specified amount each month for every Medicare Advantage member. Coverage under Medicare Advantage requires payment of a monthly premium for Medicare Part B, as well as a monthly premium for the private insurer.

4. Medicare Part D (prescription drug coverage). Medicare Part D helps to pay for the cost of prescription drugs. Those insured under Medicare Part A, Medicare Part B or Medicare Part C (Medicare Advantage) may choose to enroll in Part D. Medicare Part D generally requires payment of a monthly premium.

Medicaid is two programs that provide disability benefits: Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”). SSDI provides benefits to insured workers with disabilities, or in other words, those who: (1) have been employed for at least five of the last ten years; (2) have paid FICA (“Federal Insurance Contributions Act”) taxes; and (3) have a “disability” as the Social Security Administration defines the term. A disability, for purposes of Social Security, is a serious medical condition that lasts (or has lasted) for more than a year and prevents someone from being gainfully employed. In addition, SSDI will provide benefits to the disabled children of insured workers, so long as the children became disabled before they reached the age of 22, as well as to the disabled surviving spouses of insured workers who have died.

SSI, on the other hand, pays benefits to disabled adults and children who have little or no income, or other financial resources. The program also provides benefits to adults without disabilities who are age 65 or older and whose financial means fall within the applicable limits.

Someone who receives SSDI benefits, or who is eligible to receive SSDI benefits, is also eligible to receive Medicare at the same time. Eligibility for Medicare begins after a waiting period of 24 months from the first date of eligibility for SSDI. For those with kidney disease who are on dialysis, however, the waiting period is reduced to three months from the date on which they began receiving dialysis. Medicare eligibility begins immediately for those with a terminal illness expected to cause death within six months, as well as for those with ALS. Those over age 65 are generally not eligible to receive SSDI benefits.

Likewise, eligibility for SSI and Medicare is also possible. Those under age 65 can receive SSI and Medicare benefits at the same time as long as they satisfy the eligibility requirements of both programs. For those age 65 and over, eligibility for Medicare is essentially automatic, and they can receive SSI benefits if their financial means are within the limits established under the Social Security Administration’s rules.

Eligibility for Medicaid often varies according to state law. In Ohio, children up to age 19; families with children under age 19; pregnant women; those with disabilities; and those over age 65 are eligible to receive Medicaid benefits if they meet certain financial requirements. Ohio residents under 65 who qualify for Medicaid can receive SSDI benefits, as well, if they qualify for SSDI under the rules of the Social Security Administration. Those over age 65 are usually not eligible to receive SSDI benefits.

Medicaid and SSI are similar programs inasmuch as they serve those with limited financial means. Ohio residents who have qualified to receive SSI benefits under the Social Security Administration’s rules can also qualify to receive Medicaid benefits if they qualify based on the rules established by the Ohio Department of Job and Family Services.

Although the receipt of benefits through all four of these programs is technically possible, the eligibility rules can be complicated—especially for receiving benefits from multiple programs at once. Furthermore, applications for disability benefits are often denied at first. If you think that you might be eligible to receive Social Security disability benefits, or if your application for benefits has been denied, then you should speak with a lawyer, like John T. Nicholson, who focuses on Social Security law.

Does a Title XVI claim for SSI die with the claimant?

admin — Tue, 25 Oct 2011 00:22:21 +0000

What happens if a claimant dies while her SSI claim for disability benefits is still pending?

As with most law related questions the answer is maybe. Unfortunately, the rules for SSI claims are quite different from SSDI claims in situations where the claimant dies before a ruling is made on their application for benefits. The rules are as follows.

Benefits may be paid to the surviving spouse if the surviving spouse was living at the time of death or within six months proceeding the month of death.

Benefits may be paid to the parents of a disabled or blind child who was living with the parent or parents at the time of death or within six months proceeding the month of death.

If one of the above conditions does not apply then SSI benefits dies with the claimant, that is, no one gets paid SSI benefits.

Can I receive Social Security disability benefits for having problems with drugs or alcohol?

admin — Mon, 05 Sep 2011 18:13:32 +0000

Can I receive Social Security disability benefits for having problems with drugs or alcohol?

Someone can receive Social Security disability benefits despite having a problem with drugs or alcohol, but not solely on the basis of the drug or alcohol problem itself. Since 1996, those with drug or alcohol addictions are not eligible to receive Social Security disability benefits if their drug or alcohol addictions are their only disabilities. On the other hand, if they would have disabilities even without problems with drugs or alcohol, then they could still qualify for benefits.

In general, a “disability” as defined by the Social Security Administration is a serious medical condition that has lasted (or will last) for at least one year, and prevents someone from being gainfully employed. Although a drug or alcohol addiction might seem to satisfy this definition, the Social Security Administration’s rules state that drug or alcohol addiction—by itself—is not a qualifying disability. Specifically, those who have problems with drugs or alcohol that are contributing factors “material” to their disabilities will not be found eligible by the Social Security Administration to receive disability benefits.

A drug or alcohol addiction is “material” to a person’s disability if the person would not be disabled but for the use of drugs or alcohol. In other words, those who would not be disabled if they completely stopped using drugs or alcohol are generally not eligible for Social Security disability benefits because their use of drugs or alcohol is “material.” For example, if a person suffers from chronic liver disease and abuses alcohol, then the person would probably not be found disabled by the Social Security Administration if the cessation of alcohol use would result in the improvement of the person’s condition. If, however, the person’s condition were so advanced that cessation of alcohol use would not result in any significant improvement, then the person could be eligible for disability benefits. In the latter case, the person’s alcohol use would not be “material.” The distinction becomes somewhat more difficult to prove in the case of mental, as opposed to physical, disabilities.

If you have been denied a claim for Social Security disability benefits on the basis of drug or alcohol problems, then you should speak with an attorney who focuses on Social Security law. An attorney can explain what you have to prove to establish your eligibility for benefits, and can help you obtain the benefits you need. Call or click here for a free online consultation with John T. Nicholson.

If the Veterans Administration determines that I am disabled, will the Social Security Administration also find that I am disabled?

admin — Thu, 01 Sep 2011 20:08:49 +0000

If the Veterans Administration determines that I am disabled, will the Social Security Administration also find that I am disabled?

The Veterans Administration (“VA”) and the Social Security Administration (“SSA”) have their own, independent rules for determining whether someone is disabled for purposes of receiving disability benefits. Under the VA’s guidelines, someone who is not completely disabled can qualify for disability benefits. In other words, the VA recognizes partial disabilities (in terms of percentages) as well as total disabilities.

The SSA, however, generally recognizes only total disabilities. Under the SSA’s guidelines, a disability is a serious medical condition (mental or physical) that has lasted (or will last) for at least one year and prevents a person from engaging in any substantial, gainful activity. This definition incorporates not only the type of disability (for example, post-traumatic stress disorder or chronic heart failure) but also the extent or severity of the disability. As a result, someone could have a type of disability recognized by the SSA, but nevertheless not be eligible for Social Security disability benefits if the severity of the disability were found to be insufficient. A mental or physical condition severe enough to qualify as a disability under the SSA’s rules would likely be considered at least a 90% disability under the VA’s rules.

At the same time, a determination by the VA that someone is disabled does not necessarily mean that the SSA will also make the same determination. For example, even if the VA determines that someone is 90% or 100% disabled, the SSA does not automatically reach the same conclusion. The SSA requires that everyone who applies for disability benefits must submit medical documentation to prove the type and severity of their medical condition. Under the SSA’s regulations, only documentation provided by certain physicians is sufficient to establish that someone has a qualifying disability. The SSA does consider other evidence, such as a person’s own statements or disability evaluations by other government agencies, but the SSA only considers the other evidence for purposes of judging the extent or severity of a disability.

A disability determination from the VA can be useful for purposes of applying for Social Security disability benefits, but it will not be binding on the SSA. In many cases, a 90% or a 100% disability finding by the VA will go a long way towards proving a disability to the SSA, but it will probably not—by itself—be enough to establish a disability under the SSA’s rules. If the VA has determined that you are disabled and you have questions about how that could help you qualify for Social Security disability benefits, then you should consult an attorney familiar with Social Security law.

Can I get Social Security disability benefits SSD/SSI if I am disabled but have never worked?

admin — Thu, 01 Sep 2011 19:54:14 +0000

Can I get Social Security disability benefits if I am disabled but have never worked?

The Social Security Administration runs two programs that provide disability benefits: Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”). SSDI provides benefits to: (1) disabled workers who worked for five out of the last 10 years, called “insured workers” by the Social Security Administration; (2) the disabled children of insured workers, as long as the children became disabled before they reached the age of 22; and (3) the disabled surviving spouses of deceased insured workers. SSI pays benefits to disabled adults and children who have little or no income, or other financial resources; it also provides benefits to adults without disabilities who are over 65 and whose financial means are under certain limits.

Whether someone with a disability who has never worked can receive Social Security disability benefits depends upon the circumstances. For someone who has never worked and became disabled after reaching age 22, SSDI benefits would not be available. SSDI benefits could be available, however, to either a disabled child of an insured worker, as long as the child became disabled before reaching age 22; or, to the disabled surviving spouse of a deceased insured worker. Neither disabled children, nor disabled surviving spouses, have to satisfy the SSDI work requirement on their own.

SSI benefits, on the other hand, could be available to someone who has never worked, regardless of age. The reason that SSI could be available to someone ineligible for SSDI is that eligibility for SSI is based only on disability and financial means. Therefore, someone with a disability who has never worked can qualify for SSI benefits.

In order to qualify for either program, applicants must prove that they have a “disability” under the Social Security Administration’s rules (with the exception of those age 65 or over who apply for SSI benefits). With respect to adults, a “disability” is a serious medical condition that has lasted (or will last) for at least one year, and prevents someone from being gainfully employed. With respect to children, a “disability” is a serious medical condition that causes severe functional limitations and can either be expected to cause death, or be expected to last for at least one year.

Qualifying for either program can be difficult. The Social Security Administration often finds that applicants are not disabled, and proving a disability would be critical for someone who has never worked and would only be eligible for SSI benefits. If you are disabled and have never worked, then you should speak with an attorney who understands the Social Security Administration’s disability rules and can help you understand how to qualify. Complete our free online consultation form today.

What are the best doctor opinions for purposes of getting social security disability?

admin — Tue, 30 Aug 2011 23:41:43 +0000

SSR Rulings on Doctor’s Opinions:

The Social Security Administration periodically issues “Social Security Rulings.” A Social Security Ruling (“SSR”) is essentially a modification of the Social Security Administration’s policies and procedures, and although an SSR does not have the same effect as a law, all parts of the Social Security Administration must comply with its terms.

For instance, on August 9, 2006, the Social Security Administration issued SSR 06-03p, the stated purpose of which was “[t]o clarify how [the Social Security Administration] consider[s] opinions from sources who are not ‘acceptable medical sources’ and how [the Social Security Administration] consider[s] decisions by other governmental and nongovernmental agencies on the issue of disability or blindness.”SSR 06-03p discusses the types of evidence that the Social Security Administration evaluates to make a disability determination. This evidence “includes, but is not limited to, objective medical evidence; other evidence from medical sources, including their opinions; statements by [an applicant for disability benefits] and others about the impairment(s) and how it affects the [applicant’s] functioning; information from other ‘non-medical sources’ and decisions by other governmental and nongovernmental agencies about whether an [applicant]is disabled or blind.”

According to the ruling, “acceptable medical sources” include licensed physicians, licensed or certified psychologists, licensed optometrists, licensed podiatrists, and qualified speech-language pathologists. Sources other than “acceptable medical sources” include nurse practitioners, physician assistants,licensed clinical social workers, naturopaths, chiropractors, audiologists, therapists, educational personnel, social welfare agency personnel, and friends, family and associates of an applicant for disability benefits.The significance of the distinction between “acceptable medical sources” and other sources is that the Social Security Administration will consider only evidence providedby an acceptable medical source for purposes of establishing “the existence of a medically determinable impairment.” Among other things, this means that a medical opinion from an acceptable medical source can lead directly to a determination about whether or not an applicant for disability benefits has a qualifying disability.Although opinions from other sources might not have as much influence on an official disability determination, the evidence from other sources can be important. These opinions provide the Social Security Administration with evidence regarding the severity of an applicant’s disability, along with the extent of an applicant’s ability to function despite the disability.

If you believe that you are eligible to receive Social Security disability benefits, or if you have been denied and want to appeal, then any evidence you have from sources other than “acceptable medical sources” can be important. Talk to an attorney who focuses on Social Security disability law if you have questions about establishing your entitlement to disability benefits. Call today 1-800-596-1533 for a free consultation.

What are Social Security acquiescence rulings?

admin — Sat, 27 Aug 2011 19:16:23 +0000

What are Social Security acquiescence rulings?

Recently a bankruptcy attorney working at the Nicholson Law Center mentioned that she had been searching the internet for information about Social Security and had found an “acquiescence ruling.” Although the term “acquiesence ruling” is unfamiliar to many (if not most) Social Security recipients, they can sometimes have a significant impact on the process of applying for (and being approved or denied for) Social Security benefits. The following hypothetical example illustrates what an acquiescence ruling is, and the effect that a ruling could have on the policies and procedures of the Social Security Administration.

Imagine that Augustus “Gus” Hand is 45 years old and has worked continuously for the last 10 years at an auto parts factory near Dayton, Ohio. Gus has multiple sclerosis, and until recently, he had managed his condition and remained able to work as the result of certain therapies prescribed by his doctors. Over the last several months, Gus’s condition has grown worse and forced him to stop working.

Because Gus cannot return to his factory job, and because he is now physically unable to take any other gainful employment, Gus decides to apply for Social Security Disability Insurance (“SSDI”) benefits. In order to qualify for SSDI benefits, Gus must establish: (1) that he has been employed for at least five of the last ten years; (2) that he has paid FICA (“Federal Insurance Contributions Act”) taxes; and (3) that he is “disabled” as the Social Security Administration defines it. According to the applicable definition, Gus would be disabled if he is unable do the work that he used to do; if he is unable to adjust to other work as the result of his medical condition; and if his medical condition has lasted for a minimum of one year (or is expected to last for a minimum of one year).

Based on the Social Security Administration’s guidelines, Gus qualifies for SSDI because: (1) he was employed for all 10 of the last 10 years; (2) he was a full-time, regular employee, meaning that FICA taxes were automatically deducted from every paycheck he received; and (3) his medical condition qualifies as a disability under the rules of the Social Security Administration. Gus submits his application for SSDI benefits. He researched eligibility for SSDI before completing the application, so he fully expects that he will be approved to receive benefits.

Much to Gus’s surprise, however, his application is denied. Gus has the right to appeal the denial, however. Gus hires an attorney who focuses on Social Security law to represent him throughout the appeal process.

In Ohio, the first step in the SSDI appeal process is a review by the Bureau of Disability Determinations (“BDD”). BDD analyzes the medical documentation that Gus provided with his application and, in this case, instructs Gus to have an independent physical examination. In Gus’s case, BDD decides that the initial denial was correct. Gus decides to proceed with the next step, the “Reconsideration”.

In the second step, Gus and his attorney appear at a hearing before an administrative law judge. The administrative law judge is an employee of the Social Security Administration with detailed knowledge of the applicable laws and regulations. Gus’s attorney argues his case before the judge, explaining that Gus is entitled to receive SSDI benefits under the official guidelines. A representative of the Social Security Administration also appears at the hearing to argue in favor of BDD’s decision. As happens in many cases, the administrative law judge upholds the determination of BDD and denies Gus’s claim for benefits. Gus refuses to give up, however, and continues his appeal to the next step.

In the third step, Gus’s attorney submits a legal brief on Gus’s behalf to the Social Security Appeal Council. Likewise, the Social Security Administration submits a brief in support of the administrative law judge’s decision. The Appeal Council reviews the briefs submitted by both sides and issues an opinion upholding the administrative law judge’s decision.

At this point, Gus can accept the Appeal Council’s decision, or he can appeal to the U.S. District Court for the Southern District of Ohio, which is the federal trial court responsible for hearing cases in the part of Ohio where Gus lives. Gus decides to take his case to court.

In the U.S. District Court, Gus’s attorney argues Gus’s case to a federal judge. The attorney explains that the Social Security Administration’s own rules, along with applicable federal laws and regulations, indicate that Gus is entitled to SSDI benefits. A lawyer for the Social Security Administration also presents his case to the judge, arguing that the Appeal Council reached the correct decision. The federal judge rules in favor of the Social Security Administration, so Gus appeals his case to the U.S. Court of Appeals for the Sixth Circuit, which is the federal appeals court responsible for reviewing the decisions of a group of federal courts that includes the U.S. District Court for the Southern District of Ohio.

The proceedings in the Sixth Circuit Court of Appeals are similar to those in the District Court, except that a panel of three judges hears the arguments and issues a decision. Finally, Gus prevails, and the Sixth Circuit issues a decision stating that Gus is entitled to receive SSDI benefits. In its decision, the Sixth Circuit also makes a modification to one of the guidelines applicable to BDD’s evaluation of claims for SSDI benefits.

As the result of the outcome of Gus’s case before the Sixth Circuit Court of Appeals, the Social Security Administration sends instructions to BDD that explain what BDD must do in order to comply with the Sixth Circuit’s decision. Basically, these instructions are an “acquiescence ruling.”

Of course, very few SSDI appeals last as long as the example. Most applications for SSDI benefits are denied, and BDD only rarely overturns an initial denial. As a result, many appeals reach an administrative law judge. If your application for SSDI benefits has been denied and you want to exercise your legal right to appeal that denial, then talk with an attorney, like John T. Nicholson, who practices Social Security law.

Can I keep my Social Security SSDI / SSI while serving jail time?

admin — Tue, 23 Aug 2011 14:48:18 +0000

Can I receive Social Security benefits while serving a prison sentence?

A question that Social Security attorneys encounter from time to time is whether someone can receive Social Security benefits while serving a sentence in prison. The answer depends on the circumstances.

Social Security benefits generally come in two forms: Social Security disability benefits, and Social Security retirement benefits. Those who have recently been employed and paid Social Security taxes, and who are unable to work because of a serious medical condition that will last for at least one year, are potentially eligible to receive Social Security disability benefits. Those who have reached at least age 62, and who have worked for 10 years and paid Social Security taxes, are potentially eligible to receive Social Security retirement benefits.

Supplemental Security Income (“SSI”) is a related, but technically separate, program administered by the Social Security Administration. Those who have reached at least age 65, or who are blind or disabled, and whose income and resources are below certain limits, are potentially eligible to receive SSI benefits.

For those receiving Social Security or SSI benefits, their benefits will probably not be affected if they are admitted to prison for a continuous period of fewer than 30 days because of a conviction for a criminal offense. On the other hand, for those admitted to prison for a continuous period of more than 30 days, their benefits will likely be suspended. Benefits to spouses and children, however, will probably not be suspended, so long as they remain eligible under the Social Security Administration’s rules.

Those whose Social Security benefits are suspended during a prison sentence of more than 30 days can have their benefits reinstated beginning one month after the month in which they are released. For example, if Paul Prisoner served a six-month sentence in the Dayton Correctional Institution and were released on June 5, 2011, then his benefits could be reinstated beginning in July, 2011.

Those whose SSI benefits are suspended during a prison sentence of more than 30 days can have their benefits reinstated beginning in the same month that they are released. They will lose their eligibility, however, if their sentence lasts for 12 or more consecutive months; when they are released, they must submit a new application for SSI benefits. For example, if Ivan Inmate served a six-month sentence in the Dayton Correctional Institution and were released on June 5, 2011, then his benefits could be reinstated during the same month. He would receive partial benefits for June, 2011, and full benefits beginning in July, 2011. If Ivan served a sentence of 15 months, on the other hand, then he would have to submit a new application for benefits upon his release.

For those who were not receiving either Social Security or SSI benefits before they were admitted to prison, their eligibility following release is unaffected. In other words, when they were released from prison, they would apply for benefits like anyone else. If you have questions about how serving a prison sentence might affect your ability to receive Social Security or SSI benefits, then talk to a lawyer who is familiar with Social Security law. You might even be able to start the process of reinstating your benefits, or applying for benefits, before you are released.

Does my income affect my child’s ability to qualify for Social Security Benefits?

admin — Sat, 20 Aug 2011 15:20:38 +0000

How much income can parents have before their children no longer qualify for Supplemental Security Income benefits?

Disabled children can qualify for benefits under the Supplemental Security Income (“SSI”) program, which is administered by the Social Security Administration, depending: (1) on the nature of their disabilities; (2) on how much income they have (if any); and (3) on their available resources. Children’s “available resources” include the income (and assets) of their parents and guardians. Therefore, many parents and guardians of disabled children wonder how much income they can have before their children no longer qualify for SSI benefits.

The Social Security Administration (“SSA”) defines a child as someone who is not married; is not head of a household; and is under age 18, or is under age 22 and regularly attending school. This discussion only applies to SSI benefits for disabled children, as the SSA defines the terms “disabled” and “children.”

1. Nature of disability. According to the definition established by the applicable laws and regulations, a child is “disabled” if the child “has a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” In other words, a child is disabled for purposes of SSI benefits if the child has a very serious medical condition that will last (or has lasted) for at least one year. For example, a child who suffers from cystic fibrosis could qualify for SSI benefits. A child with a minor broken leg, but who did not otherwise have a serious medical condition, would probably not qualify.

2. Child’s income (if any). In terms of a child’s income, a child may not earn more than $1,000.00 per month from employment and still qualify to receive SSI benefits (in 2011; the limit on a child’s total monthly income changes every year). On the other hand, a child who is unemployed, or who is employed but earns less than $1,000.00 per month (in 2011), would meet the income limit.

3. Income and resources (i.e. assets) of parents or guardians. The determination of a child’s eligibility to receive SSI benefits also takes into account

Income, in this context, comes in two varieties: “earned income” and “unearned income.” Earned income consists of “wages from employment, net earnings from self-employment, certain royalties and honoraria, and sheltered workshop payments.” Unearned income consists of money received from other sources, “such as Social Security benefits, pensions, state disability payments, unemployment benefits, interest income, and cash from friends and relatives.” Some income is exempt and does not count toward the applicable limits. The following chart illustrates the income limits currently applicable in many (but not all) circumstances.

Number of Ineligible Children in Household	All Income is Earned		All Income is Unearned
Number of Ineligible Children in Household	One Parent in Household	Two Parents in Household	One Parent in Household	Two Parents in Household
0	$2,821	$3,495	$1,388	$1,725
1	$3,158	$3,832	$1,725	$2,062
2	$3,495	$4,169	$2,062	$2,399
3	$3,832	$4,506	$2,399	$2,736
4	$4,169	$4,843	$2,736	$3,073
5	$4,506	$5,180	$3,073	$3,410
6	$4,843	%5,517	$3,410	$3,747

By “resources,” the SSA essentially means property. For instance, resources include bank accounts, cash, life insurance, real estate, stocks, U.S. savings bonds, vehicles and other property belonging to a child’s parents or guardians that could be exchanged for cash and used for food or shelter. Some resources, such as a home, household goods and personal effects, and money in pension funds, are exempt and do not count toward the applicable limits. Currently, the applicable resource limit (for non-exempt resources) is $2,000 for a single parent or guardian, and $3,000.00 for a couple.

To summarize: A disabled child’s eligibility for SSI benefits depends upon the nature of the child’s disability, the amount of income that the child earns (if any), and the income and resources available to the child—including resources available through parents and guardians. Regarding the resources of parents and guardians, the limits vary from case to case depending on the circumstances. The income limits listed in the foregoing chart, and the resource limits discussed above, might or might not apply in a specific situation because of the many rules and regulations, as well as exemptions, that govern SSI eligibility for disabled children. If you are the parent or guardian of a disabled child and would like to learn more about SSI eligibility, then talk with a lawyer with experience dealing with Social Security issues.

My child has autism, can she draw social security disabled child benefits?

admin — Sat, 20 Aug 2011 14:40:50 +0000

Can a child with autism receive Social Security disability benefits?

The parents of an autistic child recently asked me whether their child could be eligible to receive Social Security disability benefits. Generally, autism qualifies as a disability for Social Security purposes. Whether a specific child qualifies, however, depends upon the severity of the child’s condition.

The Social Security Administration’s definition of the term “disability,” for children under age 18, is “a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations, and that can be expected to cause death or that has lasted or can be expected to last for a continuous period of not less than 12 months.” Autism, or “Autistic Disorder” as it is called by the Social Security Administration (“SSA”), appears on the SSA’s Listing of Impairments. As the SSA puts it, the Listing of Impairments “describes, for each major body system, impairments considered severe enough” to satisfy the SSA’s definition of the term “disability.”

Listing 112.10 is “Autistic Disorder and Other Pervasive Developmental Disorders,” which are described as “[c]haracterized by qualitative deficits in the development of reciprocal social interaction, in the development of verbal and nonverbal communication skills, and in imaginative activity.” According to this entry in the Listing of Impairments, the “required level of severity” for an autistic child to qualify for disability benefits is met when the child exhibits: (a) qualitative deficits in the development of reciprocal social interaction; (b) qualitative deficits in verbal and nonverbal communication and in imaginative activity; (c) a markedly restricted repertoire of activities and interests; and (d) for “older infants and toddlers (age 1 to attainment of age 3), resulting in at least one of the appropriate age-group criteria in paragraph B1” of Listing 112.02; “or, for children (age 3 to attainment of age 18), resulting in at least two of the appropriate age-group criteria in paragraph B2 of” Listing 112.02.

The SSA applies a five-step disability analysis to make the determination of whether someone is officially disabled. Although autism appears on the Listing of Impairments, the SSA will still require that documentation be submitted as part of an application for disability benefits. Additionally, the SSA may require that an applicant receive an independent medical examination.

Parents of autistic children can encounter problems applying for Social Security disability benefits on behalf of their children, even though autism appears on the Listing of Impairments. In some cases, the SSA denies such applications. If you are the parent or guardian of an autistic child and have questions, or if the SSA has denied an application for benefits on behalf of your child, then you should talk with an attorney who focuses on Social Security disability issues. Contact the Law Offices of John T. Nicholson today to schedule free consultation.

How much money do Social Security SSDI / SSI Lawyers charge?

admin — Wed, 17 Aug 2011 20:45:45 +0000

How can I afford to pay a social security disability lawyer?

If your claim for Social Security disability benefits has been denied and you want to appeal, then you might be thinking of hiring a lawyer. Although preparing, filing, documenting and appealing a claim for Social Security disability benefits can be expensive and time-consuming, the good news is that you might not have to pay anything unless your lawyer recovers benefits for you.

Many disability lawyers, such as John T. Nicholson, work on contingency. For example, suppose that a disability attorney with offices in Cincinnati, Columbus, Dayton and Springfield, Ohio takes on a new client whose initial application for Social Security benefits was denied by the Social Security Administration (“SSA”). The client has very little money, so the attorney agrees to work on contingency. This means that the attorney charges no up-front payment and no monthly or installment payments. Instead, the attoney’s fee will be paid from whatever benefits she recovers for her client. If the attorney does not recover any benefits for her client, then her client owes her nothing (the attorney’s client might have to pay for expenses along the way, such as photocopying of records).

Furthermore, the SSA has established strict rules about how, and how much, disability lawyers may be paid—even if they are working on contingency. For any contingency fee agreement made after June 22, 2009, a disability lawyer may only be paid 25% of past-due benefits or $6,000.00, whichever is less.

Suppose that Attorney’s new client had filed an application for Social Security disability benefits. The SSA denied the application, so the client hired Attorney to handle the appeal. If Attorney wins the appeal, then her client will receive disability benefits not only from that point onward, but also retroactively from the date on which the SSA determines that Attorney’s client officially became disabled. In other words, a successful appeal means that the client would receive future disability benefits and past-due disability benefits. Because Attorney represented his client on contingency, under the SSA’s rules she would receive 25% of the past-due benefits she won for her client, up to a maximum of $6,000.00.

The appeal described in the example would be heard by the SSA itself, not in a regular court of law (an example of a court of law is the Montgomery County Common Pleas Court, or the Dayton Municipal Court). Different rules apply to attorney’s fees in other kinds of cases. For instance, cases in state or federal courts of law are not subject to the same rules. Also, some cases involving overpayments (i.e. the SSA mistakenly pays more benefits than it owes to someone) are not subject to the 25% or $6,000.00 limit.

This discussion of attorney’s fees in Social Security disability cases is a simplified example. The SSA has established detailed rules that include exceptions which might apply in your case. In addition, not all disability lawyers work on contingency. If you want to appeal a denial of an application for Social Security disability benefits, or if you simply have questions about Social Security, then you should speak with a lawyer who focuses on Social Security law by filling out our free consultation form.

What does residual functional capacity mean? It is on my Social Security Denial Paperwork.

admin — Thu, 11 Aug 2011 21:15:04 +0000

What is residual functional capacity?

In Social Security parlance, the term “residual functional capacity” refers to the remaining abilities of someone who has a disability, after taking the disability into account. For example, imagine that you were paralyzed from the waist down and could not walk. The Code of Federal Regulations would define your residual functional capacity as “the most you can still do despite your limitations.” 20 C.F.R. § 416.945 (2010).

The term “residual functional capacity” also refers to a pair of forms, one for assessing mental residual functional capacity, and one for assessing physical residual functional capacity. When someone files an application seeking Social Security Disability Insurance (“SSDI”) or Supplemental Security Income (“SSI”) on the basis of a disability, Disability Determination Services (a network of local Social Security Administration field offices and state agencies) evaluates the applicant’s residual functional capacity using these forms.

Suppose that Nathan Bonaparte, who lives in Beavercreek, Ohio, has been blinded permanently as the result of an accident at work. If he decided to apply for SSDI benefits, then he could apply online, by mail, by telephone or in person at a Social Security Administration field office. His application would be evaluated by an examiner working for the Social Security Administration. The examiner would evaluate Nathan’s application based on non-medical eligibility requirements, such as age, employment, marital status and so on. After that, Nathan’s application would next be reviewed by Disability Determination Services (“DDS”).

DDS would then make the initial determination of whether Nathan qualified as disabled for purposes of SSDI benefits. To make this determination, DDS would rely on the medical information provided by Nathan and, depending on whether Nathan provided sufficient documentation, on a consultative examination conducted by physicians working for DDS. Although Nathan’s disability might not automatically qualify him to receive SSDI benefits, DDS might determine that he qualified as the result of limited residual functional capacity. In other words, if Nathan’s residual functional capacity were not sufficient to allow him to return to his job, or to find a new job, then he might be approved for SSDI benefits.

The analysis of residual functional capacity can be complicated, particularly if an applicant has more than one disability or medical condition. Unfortunately, DDS denies applications more often than it approves them. If you have questions about applying for SSDI or SSI benefits, or if your application has been denied and you want to appeal, then you should speak with an attorney who specializes in Social Security issues. If you would like more information or have been wrongfully denied Social Security Benefits then call the Law Offices of John T. Nicholson at 1-800-596-1533 or complete our online free consultation form.

How to collect Social Security Disability Insurance benefits and Supplemental Security Income benefits at the same time?

admin — Wed, 10 Aug 2011 10:45:49 +0000

Can I collect Social Security Disability Insurance benefits and Supplemental Security Income benefits at the same time?

The Social Security Administration runs two programs that provide disability benefits: Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”). SSDI pays disability benefits to “insured workers.” An “insured worker,” for purposes of SSDI, is someone who pays FICA taxes (“FICA” stands for “Federal Insurance Contributions Act”). SSDI also pays benefits for the disabled children of insured workers, so long as the children became disabled before they reached the age of 22, as well as to the disabled surviving spouses of deceased insured workers.

As an example, suppose that Edith Keeler, who rents an apartment in Springfield, Ohio, is 45 years old, is unmarried and has liver cancer. Her medical condition has forced her to stop working, leaving her with no income.

Edith decides to apply for disability benefits. She visits a Social Security Administration field office and submits an application. An examiner reviews her application and then forwards it to Disability Determination Services (“DDS”). DDS, a network of local Social Security Administration field offices and state agencies, is responsible for determining whether an applicant for disability benefits has a disability that qualifies under the applicable rules. In Edith’s case, DDS determines that she is disabled. Therefore, she is eligible to receive SSDI benefits.

In order to be eligible to receive SSI benefits, Edith’s financial resources and monthly income—including her SSDI benefits—must be less than the corresponding amounts established under the Social Security Administration’s guidelines. All of the property that Edith owns (for example, bank accounts, cars, cash, real estate, and stocks and bonds) constitutes her “resources.” Edith rents her apartment and does not own any real estate, nor does she own any stocks or bonds. She does own one car worth $1,500.00, and she has $250.00 in a checking account. Edith otherwise owns no property. She also has no income because she is unemployed as the result of her medical condition.

Currently, the limit on the value of a single applicant’s resources (property, in plain language) is $2,000.00. Some resources, however, are exempt and do not count towards this limit. Among other things, an applicant can exempt one house and one car. Accordingly, Edith has resources worth only a total of $250.00 (the balance in her checking account) because her car is exempt.

With respect to the monthly income limit, the Social Security Administration uses a formula to determine eligibility. The value of Edith’s resources is under the limit, and because Edith has no income, she would probably be eligible to receive SSI benefits.

Given that Edith is disabled for purposes of SSDI, and given that her financial resources and income are under the limits applicable to SSI, Edith is eligible to receive both SSDI benefits and SSI benefits. The total amount of Edith’s monthly benefit, however, cannot be more than the maximum possible benefit that she would receive from SSI alone. For 2011, the maximum monthly SSI benefit for a single recipient is $674.00.

In other words, were Edith to receive $600.00 per month in SSDI benefits, then her total monthly benefit would still be $674.00, which would consist of $600.00 per month from SSDI and $74.00 per month from SSI. Were Edith eligible to receive $700.00 per month from SSDI, then she would not be eligible to receive any SSI benefits.

ssi payment amount Applying for either of these programs can be complicated, and qualifying is often difficult. The examples above have been simplified and are offered only to give a very basic understanding of SSDI and SSI. In fact, a significant percentage of applications in Ohio are initially denied by the Social Security Administration. When an application is denied, however, the applicant has the right to appeal. If you would like more information or have been wrongfully denied Social Security Benefits then call the Law Offices of John T. Nicholson at 1-800-596-1533 or complete our online free consultation form.

Can I draw early social security retirement and disability at the same time?

admin — Mon, 08 Aug 2011 15:35:16 +0000

Can I draw early retirement benefits from Social Security and receive Social Security Disability Insurance benefits at the same time?

Lately, a number of my clients have asked me whether they can receive early retirement benefits from Social Security and, at the same time, also receive Social Security Disability Insurance (“SSDI”) benefits. Believe it or not, the answer is “yes” in many cases.

Suppose that Susan B. Anthony, who is currently 62 years old and lives in Troy, Ohio, worked for 30 years at the Spacely Sprockets factory in Wilmington. She has leukemia, and as a result of her condition, she had to stop working on June 1, 2010. At that time, she did not apply for SSDI benefits. Now that she has reached age 62, she would like to begin drawing early retirement benefits from Social Security. She also wants to apply for SSDI benefits.

Normally, were Susan to elect to draw early retirement benefits, the amount she would receive would be reduced by 25% compared to drawing benefits at full retirement age. For example, if Susan would have received a monthly retirement benefit of $1,000.00 had she retired at age 66 (the full retirement age for someone born in 1949), then her monthly early retirement benefit would be $750.00. If she were married, then her spouse’s benefit would be reduced by 30%. Furthermore, Susan’s monthly benefit would not increase once she reached full retirement age—the 25% reduction would be permanent.

In Susan’s case, however, she stopped working as the result of her disability. Because her disability forced her to stop working before she reached full retirement age (again, Susan is currently 62; her full retirement age would have been 66), Susan could effectively receive her full retirement benefit if her application for SSDI benefits is approved.

Assume that Susan began drawing her early retirement benefits shortly after her 62nd birthday, which was July 1, 2011. She then applied for SSDI benefits. On her application, she listed June 1, 2010, as the date on which her disability began. A decision on an application for SSDI benefits usually takes several months, and can sometimes take longer. Suppose, therefore, that the Social Security Administration approves Susan’s application for SSDI benefits on December 1, 2011, and that it determines that Susan’s disability began on June 1, 2010.

In this scenario, Susan would be paid her SSDI benefits retroactively from January, 2011, through July, 2011—when she started receiving her early retirement benefits. Then, for August, 2011, through December, 2011, Susan would be paid the difference between her early retirement benefit, which she already received, and her full retirement benefit. From December, 2011, onward, Susan would receive SSDI payments in the amount of her full, monthly retirement benefit. Effectively, because Susan’s early retirement was the product of her disability, the Social Security Administration treats her as if she had stopped working at her full retirement age.

Keep in mind that the foregoing example only applies when the Social Security Administration approves an application for SSDI benefits. For instance, had her application for SSDI benefits had been denied, Susan would have received only her reduced, early retirement benefit.

In addition, the amount of Susan’s monthly benefit would also have been different had the Social Security Administration determined that her disability began on a later date. Had the Social Security Administration determined that Susan’s disability began on September 1, 2011, then Susan would be treated as if she retired two months early (i.e. full retirement age less, less two months). In other words, if the date on which Susan’s disability officially began (as determined by the Social Security Administration) came before the date on which she stopped working, then she would be treated as if she had stopped working at her full retirement age. On the other hand, if the date on which her disability officially began came after the date on which she stopped working, then she would be treated as if she had retired early.

Drawing Social Security early retirement benefits and receiving SSDI benefits at the same time is possible. For some, this is the best option. For others, waiting until full retirement age to begin drawing benefits is the best option. If you have questions about early retirement and SSDI benefits please contact the Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation.

Can a child get SSI in Ohio?

admin — Wed, 03 Aug 2011 21:49:05 +0000

Can a Child Qualify for Social Security Disability Benefits?

Many parents and guardians with children under the age of 18 wonder whether their children could qualify for Social Security disability benefits. Disabled children under the age of 18 can qualify for benefits under the Supplemental Security Income (“SSI”) program, which is administered by the Social Security Administration, depending on the nature of their disabilities, on their income, and on the resources available to them.

According to 42 U.S.C. § 1382c(a)(3)(C)(i), a child under the age of 18 is disabled if the child “has a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” In simpler language, a “disability” for purposes of SSI benefits must be a very serious medical condition that will last for at least one year. For example, a child who suffers from partial or total paralysis, or from mental retardation, could qualify for SSI benefits. A child with a broken leg, however, would likely not qualify.

In addition to satisfying the definition of “disabled,” a child may not earn more than a certain amount from employment. 42 U.S.C. § 1382c(a)(3)(C)(ii) states that a child under the age of 18 who “engages in substantial gainful activity” does not satisfy the definition of “disabled.” This means that a child who is employed and who earns more than $1,000.00 per month from employment would not qualify for SSI benefits in 2011 (the limit on a child’s total monthly income changes every year). At the same time, a child who is unemployed, or who is employed but earns less than $1,000.00 per month, could qualify.

Further, a determination of a child’s eligibility for SSI benefits also involves the income of the child’s parents or guardians. This part of the eligibility determination can be relatively complicated, but in short, a child whose parents or guardians could be described as among the working poor would probably qualify, whereas a child whose parents could be described as among the middle or upper class would probably not qualify (or would qualify for only minimal benefits).

Normally, a determination of eligibility can take three to five months. Children with certain conditions, however, can qualify for immediate benefit payments while the determination is pending. Examples of conditions that would qualify a child to receive immediate payments include cerebral palsy, Down syndrome, HIV infection, muscular dystrophy, total blindness and total deafness.

Although the Social Security Administration publishes a number of self-help guides regarding the eligibility of children for SSI benefits, the process of applying for SSI benefits can be complex. If you have questions about whether your child could be eligible to receive benefits, then you should consider a free consultation with an attorney focusing in Social Security law.

Social Security Disability benefit overpayments can be discharged in personal bankruptcy

admin — Fri, 15 Jul 2011 15:32:46 +0000

Social Security Disability benefit overpayments discharged in personal bankruptcy

Many of our clients are currently receiving benefits from the Social Security Administration because they are permanently disabled. So, what if Social Security attorney, John T. Nicholson in Centerville, Ohio, won your Social Security Appeal in downtown Dayton, Ohio, and you got more money than you should have? That is called an overpayment, and the government may attempt to collect it.

Filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy will discharge your obligation to repay the government. The overpayment is treated the same as all other general unsecured debts.

There are some exceptions. You cannot discharge an obligation to repay fraudulently obtained benefits.

This is the same rule with most forms of government benefit overpayments, like Workers’ Compensation benefits (a.k.a. Workers Comp). If there was no fraud in obtaining the benefits, then you can file personal bankruptcy to discharge your obligation to repay the overpayment.

Call today for a free consultation (937) 432 – 9775.

Commonly asked Social Security Disability / SSI questions.

John Nicholson — Thu, 10 Dec 2009 16:10:52 +0000

There are often basic questions about Social Security Disability benefits, so we have decided to answer just a few of them here.

Q 1. What does it cost to hire an attorney for my SSD / SSI claim?

A 1. Nothing. Our firm does all SSD cases on a contingency basis. We take a percentage or pre-determined amount (determined under Statutes) of the back-pay you are awarded. If you are not granted SSD benefits, then we do not collect anything.

Q 2. Is there a difference between SSD and SSI benefits?

A 2. Yes. SSI is usually reserved for those individuals with very low incomes, and/or those that have not worked long enough in order to earn SSD benefits.

Q 3. How do I prove SSD eligibility if I do not have the money to visit a doctor?

A 3. This is one of the hardest issues for SSD applicants. On the one hand they are not working because they are disabled, and therefore, they do not have health insurance that allows them to visit a doctor. On the other hand, it is harder to prove SSD eligibility without documentation from treating physicians. Those that believe that they are eligible for SSD benefits ought to see a doctor as much as they can in order to build the strongest case. However, if you previously worked and had health insurance which allowed you to visit a doctor, we can use those records to prove your case. Check with our office and we will help determine the best course of action you should take.

Q 4. How long does it take to start receiving my benefits?

A 4. This is the hardest part for many applicants to understand. The SS offices are very overworked and any given case can take 1-2 years. However, if you never start the process, you will never receive benefits. it is better to get benefits in 1-2 years than not at all. You need to come into our office ASAP so that we can begin the process on your behalf.

Q 5. Do I have to be completely disabled in order to receive SSD benefits? NO and YES. No, you do not have to be completely disabled in the ordinary sense of that word. Meaning, you do not have to be bed-ridden or need round-the-clock assistance. However, you need to be completely disabled as that term is used in the federal Statutes. The definition in the federal statutes is much more broad and the vast majority of the people who can do normal daily activities are eligible for SSD benefits.

We hope this answers some basic questions for now. We will post more common questions and answers in the near future. Feel free to contact us through the online contact form or call our office at 937-432-9775 for an appointment to discuss your claim.

Closed period of disability and returning to work

John Nicholson — Thu, 10 Sep 2009 16:10:31 +0000

Morrison & Nicholson receives several calls each month from folks that had to quit work at some point due to their disability, however, they are now able to work as they did before and they want to know whether they are entitled benefits for the time they were disabled even though they have not yet applied for benefits. The answer we give them is as most answers law related, maybe.

First, you must have been disabled as defined by the Social Security Administration, that is, you must not be able to do any kind of substantial gainful activity for a continuous period of at least one year, or have an impairment that may result in death. If you were disabled for at least 1 year and then returned to work, the period that you were disabled is referred to as the “closed period” of disability. Although, you can file and receive benefits for the closed period of disability the application is only retroactive for a period of 1 year from the application submission date. For example, if you were disabled on March 2, 2007, returned to work in August 2008 and filed for benefits in March 2009, then you would only recieve benefits from the month that you were disabled from March 2008 – March 2009.

What is the Listing of Impairments for purposes of establishing disability?

John Nicholson — Thu, 10 Sep 2009 16:10:22 +0000

What is the Listing of Impairments and is it used to establish disability?

The Listing of Impairments, also known as “The Listings, is set out in Social Security regulations. The listings are in two parts. Part A of the Listing of Impairments contains medical criteria that apply to the evaluation of impairments in adults age 18 and over. Part B of the Listing of Impairments contains additional medical criteria that apply only to the evaluation of impairments of persons under age 18. The listings are examples of common impairments for each of the major body systems that Social Security considers severe enough to keep an average adult from doing any gainful activity. See appendix 1 of subpart P of part 404 of Social Security’s regulations for the Listing of Impairments.

The listed impairments are of such a level of severity that Social Security considers a person whose impairment(s) meets or equals the Listing of Impairments to be unable to do any gainful activity, that is, the impairment(s) is expected to result in death, or to last for a specific duration, or the evidence must show that the listed impairment has lasted or is expected to last for at least 12 months in a row.

Many medical conditions are included in the Social Security Disability List of Impairments (including multiple sclerosis, rheumatoid arthritis, lupus, etc). However, keep in mind that you can still qualify for SSD / SSI benefits even if your illness is not listed on the Listing of Impairments.

What is the definition of “disabled” for purposes of an SSD determination

John Nicholson — Mon, 11 May 2009 09:09:44 +0000

To be considered disabled for purposes of receiving Social Security Disability you must not be able to do any kind of substantial gainful activity for a continuous period of at least one year, or have an impairment that may result in death. The disability must be medically determinable. In other words, there must be a medical basis either physically or mentally for the condition.

The Social Security Administration will consider your age, education, and work history along with your medical condition. For example, a 57 year old hard laborer who has degenerative disc disease along with rheumatoid arthritis that prevents him from doing the type work that he has always done in the past, but is still capable of doing light work, will likely be considered disabled because of his age and lack of experience in other fields of work. In contrast, a 35 year old banker with an MBA from The Ohio State University that has a slight onset of fibromyalgia would find it much harder to fall within the SSA’s definition of disabled.

In either case, an attorney should be contacted as soon as a denial letter is received. If you reside anywhere within the state of Ohio, our office would be happy to schedule you in for an appointment regarding your SSD / SSI claim. You can fill out the online contact form or give us a call at 937-432-9775 to schedule an appointment to meet with one of the partners.

Social Security Marriage Requirement & the Deemed Valid Marriage Exception

John Nicholson — Mon, 20 Apr 2009 18:04:08 +0000

In order to qualify for spouse’s benifits, the Social Security Administration requires that the spouse and the worker must have been legally married. That is, the marriage must be legally recognized by the state in which the marriage was entered into. Thus, if you have been residing in a state that recognizes your marriage as common law marriage (most states such as Ohio do not) then you will be considered legally married for purposes of recieving a deceased spouse’s Social Security benefits.

The only way that one can draw widower’s benefits without being legally married is if ALL of the following conditions listed below are met, meeting Social Security’s “deemed valid marriage” provision.

- There was a marriage ceremony.

- The claimant married the working in good faith. In other words, the claimant thought the marriage to be valid.

- The claimant was residing with the worker at the time of his or her entitlement to benefits or at the time of death.

- No other person is entitled on the worker’s earnings record as a legal spouse.

- There was a legal impediment or a defect with respect to the marriage ceremony.

This exception is most often implicated in situations where the worker was already married at the time he or she married the claimant.

Social Security Disability and moving to another state

John Nicholson — Sat, 18 Apr 2009 14:38:53 +0000

Social security disability and moving to another state.

I thought I would briefly blog about a recent Client that found himself in quite a predicament due to some bad advice.The client originally filed for Social Security Disability in Ohio as he had a severe case of Chron’s disease along with two herniated intervertebral disk.Soon thereafter, the Client relocated to Alabama where he received his Social Security Disability claim denial letter.Client then retained an attorney in Alabama which requested a hearing.Unfortunately, for Client his attorney did not do his homework.Alabama is one of eight states that do not have a re-consideration step in the Social Security filing process.In other words, when a claimant in Alabama has been denied for SSD he can skip the reconsideration filing and directly request a hearing.Fortunately for the client, he soon thereafter retained a top social security disability attorney to straighten his situation out. His attorney’s failure to file for reconsideration as required in Ohio delayed Client’s disability claim by at least a year.

How to terminate my Social Security Representative Payee?

John Nicholson — Tue, 20 Jun 2006 02:24:02 +0000

If you feel as though you no longer need a Representative Payee SSA.gov suggests the following:

In order to become your own payee, you must show SSA that you are now mentally and physically able to handle your money yourself. You could provide:

A doctor’s statement that there has been a change in your condition and that the doctor believes you are able to care for yourself; or
An official copy of a court order saying that the court believes that you can take care of yourself; or
Other evidence that shows your ability to take care of yourself.

Note: Be advised that if SSA believes your condition has improved to the point that you no longer need a payee, we may reevaluate your eligibility for benefits.

However, in my experience if your Representative Payee is an approved organization then your chances to be become your own payee are slim to none. The main reason being, that SSA has likely already done extensive screening due to the fact that they will only allow an organization to be a Payee Representative as a last resort. Most of these Organizational Payee Representatives charge a fee ranging anywhere from 25 dollars a month at some organizations here in Dayton up to 75 dollars a month in some larger cities such as Cleveland and Columbus.

Therefore, the best option in many cases for a person unhappy with their current Organizational Payee Representative is to simply request that the Representative be changed from to an Organization with lower fees or a family or church member that will agree to apply as a representive. All of this can be handled through your local Social Security Administration Office without the aid of an attorney.