Tag Archives: can i still draw disability insurance check while in jail

Will I lose my disability when I go to prison or jail?

How Will Prison Affect My Disability Benefits?

When a person is facing incarceration there is surely a lot on their mind. If the person is receiving Social Security Disability benefits, one of the questions might be whether or not they can keep their disability benefits. The following information will help you better understand exactly what will happen to your Social Security Disability benefits if you are sent to jail.

The rules for suspending Social Security payments for people who are in jail are different based on which type of assistance you receive. The following is an explanation for how each system works:

• Supplemental Security Income

You can receive SSI payments until you have been in jail or prison for a full calendar month from the first of the month through the last day. For example, if you went to jail or prison on July 4, your SSI would continue during July and all of August. If, on the other hand, you went to jail prison on on July 1 then benefits would cease on August 1.

• Social Security Disability Insurance

SSDI rules are different from those for SSI. You will be permitted to receive SSDI benefits until you have been convicted of a criminal offense and spent 30 days in jail or prison. This means that your disability payments will stop on the 31st day you are incarcerated after a conviction.

• SSI and SSDI

If you receive both an SSI and an SSDI check each month, your SSDI payments will stop after 30 days of incarceration following conviction, but your SSI will continue until you have been in jail or prison for a full calendar month, as in the description for SSI above.

Once you are released from jail, it is possible to have your Social Security Disability benefits reinstated. Your benefits can begin the month after you have been released from jail as long as you still qualify for the benefits you had been receiving. If your condition has improved and you no longer qualify, your Social Security Disability benefits will not resume.

To have your benefits reinstated after your release from prison, you will need to visit your local Social Security office and notify them of your release. You will need to bring proof of your release from jail before they can begin payment.

The exception to this rule is if you are in prison for more than 12 months. If you are in prison for more than 12 months, your benefits will not automatically be reinstated after your release. Instead, you will need to re-apply for benefits and go through the lengthy application process all over again.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

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

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.

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Senate Committee Reveals Trouble with the Quality of Disability ALJ Decisions

Senate Committee Reveals Trouble with the Quality of ALJ Decisions

A recent article in the Washington Times discussed the increasing stress that the Social Security Disability system is operating under and how that stress has led to troubling problems affecting millions of Americans.

Investigators working for a Senate subcommittee examined hundreds of cases in which disability benefits were approved and found that those making the decisions frequently ignored warning signs such as incomplete or inconsistent information. Senators have said this review demonstrates the need for an overhaul of the existing system. One Senator said that the decisions from some administrative law judges (ALJs) were so bad that the final verdict seemed almost entirely arbitrary.

Though the first phase of this investigation involved looking over applications that were approved but should not have been, the Senate committee says it will next turn its attention to those cases that were denied and may have been denied wrongfully. Those in charge say they worry that they will discover the system is not helping many of the people it was designed to protect.

For its part, the Social Security Administration says it has work to do to fix problems in the system. However, they claim that outlier decisions occur far less often than they used to and the decisions of many ALJs are affirmed with much more regularity then ever before.

That may sound good, but problems still abound. The massive report showcased one ALJ from Oklahoma who has issued more than 1,000 decisions each year since 2006. Judge W. Howard O’Bryan Jr. peaked in 2008 with 1,846 decisions and regularly approved 90 percent or more of the claims. This compares to an average ALJ approval rate of about 60 percent. The investigation revealed that his decisions were notable only for their “poor quality” and how Judge O’Bryan often regurgitated the same boilerplate language in each case decision.

One case that apparently prompted the investigation, involved a man living as an adult “baby,” meaning he slept in an adult-sized crib and wore diapers. The man was collecting disability benefits despite having demonstrated carpentry skills and his ability to work with a reality TV show and a website for other adult “babies.”

The case of the adult “baby” highlighted another problem according to the Senate subcommittee and that is how out of date the list of jobs given to ALJs are. The list has not been updated since the 1970s and excludes many computer-related jobs that some people (possibly other adult “babies”) with disabilities might be able to perform.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

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Which medical records are the best for winning my disability claim?

What kinds of medical records do you need for your disability claim?  Before you can begin collecting disability benefits, the Social Security Administration requires that you prove that you are unable to work. The best evidence of this is, obviously, medical documentation. Medical evidence can take many different forms. These can include notes, mental health records, blood work, imaging studies, as well as a multitude of other reports. If you have timely, accurate, and sufficient medical records that come from your treating physician, you will greatly increase your chances of being approved for disability benefits. Each of these qualifiers – timely, accurate, and sufficient – has specific, SSA definitions.

Timely records are those that are relevant to your current medical condition. If you are attempting to claim disability for something that occurred last year, medical records from ten years ago would not be considered timely. Deciding what is timely falls within the purview of the treating physician. The nature of the ailment or condition is one factor in determining the timeliness of the records. If the condition is recurring or continuous, older records regarding the ailment or condition may be timely. If, on the other hand, the condition is one that resolves itself quickly or one that changes, older records may be less relevant and therefore not timely. The doctor knows best in these kinds of situations.

Accurate records are those that properly describe your condition according to acceptable medical sources. The Social Security Administration only accepts medical opinions from certain types of health care providers: (1) licensed physicians; (2) osteopaths; (3) optometrists; (4) podiatrists; and (5) speech pathologists. If the records or opinions do not come from one of these five kinds of health care providers, it may not, in many cases serve as acceptable medical source of evidence to the Social Security Administration. It is important to keep in mind that evidence from lay-persons, chiropractors and the like will be considered by the administration, however, these records will likely not carry as much weight as opinions from the aforementioned sources.

Finally, sufficient records are those that contain enough information for the disability judge to make a determination about your eligibility from those records alone. To be frank, the Administration wants to see that you have been treated for this condition prior to filing for disability. The treating physician’s notes and opinions carry the most weight with the Administration.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

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