Family Benefits for Social Security Disability Recipients

Posted September 23, 2016 by Premier Disability Services, LLC® One of the most important thing about Social Security disability benefits is payments to qualified family members. It is also one of the important distinctions between SSI and Social Security disability: only workers who have paid taxes into the system are eligible for full family coverage.

A family member may be eligible for a monthly benefit that is up to 50 percent of the worker’s disability payment. There is a limit to the total amount of money that can be paid to a family on one Social Security record. The limit, known as the family maximum, is between 150 and 180 percent of the primary worker’s disability benefit. This is true whether or not the spouse actually depended on the worker for support. Family benefits are not paid to SSI applicants, although a disabled spouse or child may be independently eligible.

– An eligible child can be a biological child, adopted child or stepchild. A dependent grandchild may also qualify. There are complicated rules for children of common law marriages and  illegitimate children, eligibility here may depend on state law.

– An ex-spouse over 62 may qualify if the marriage lasted over 10 years, and there is not eligibility on another record. This has no effect on the amount of benefits the worker’s current family receives.

– The Social Security program also pays benefits to adults who have a disability that began before age 22. These adults are paid regular disability on a parent’s Social Security earnings record. A child may have drawn SSI benefits until the time a parent retired, became disabled or died. This benefit comes into play after one of these events, and is important – it can take a disabled adult out of the vast asset restrictions of the SSI program.

– Children can qualify separately for SSI if they meet Social Security’s definition of disability, and if their family’s income and assets fall within the eligibility limits.

If you have any questions about these benefits, or about any point of Social Security law, please call us for a free consultation. We have seen cases where the application for family benefits is not automatically entered when a worker applies for benefits, and this can reduce the back benefit payments paid to families. Let us help you get all the benefits you deserve.

Source: http://www.disability-links.com/family-members-eligible-disability-benefits/

By: Joyce Trudeau of Premier Disability Services, LCC^®

Residency Requirements for Social Security Disability Benefits

Posted September 16, 2016 by Premier Disability Services, LLC® Your eligibility for Social Security Disability (SSD) benefits may be affected by your citizenship status or where you live. Most SSD recipients are American citizens, either living in the United States or abroad. However, non-citizens who are permanent residents and have paid taxes into the Social Security system for the required amount of years are eligible for Social Security disability benefits, as are non-citizens who are veterans or active duty members of the U.S. military.

If you are neither a citizen nor a permanent resident, you still may be entitled to receive SSDI if you can show that you are lawfully present in the United States and meet certain other criteria. (8 U.S.C. § 1611(b)(2)).

Most foreign workers in the United States are covered under the U.S. Social Security program and can potentially qualify for disability benefits, even if they are not citizens or permanent residents. Federal law generally requires that all workers pay Social Security taxes, and therefore be covered under Social Security Disability Insurance (SSDI) for services performed in the United States. This is true even if they are nonresident aliens or employees who work here for short periods.

There are a few exceptions. Some nonimmigrant foreign students and exchange visitors temporarily working in the United States may be exempt from paying Social Security taxes and therefore would not qualify for disability benefits under SSDI if they became disabled.

The rules are stricter for Title XVI, or Supplemental Security Income (SSI), benefits. To receive SSI, you generally must be either: (a) a citizen or national of the United States; or (b) a non-citizen who meets the alien eligibility criteria under the 1996 legislation and its amendments. Beginning August 22, 1996, most non-residents must meet two requirements to be eligible for SSI: first, the non-citizen must be in a qualified alien category; and second, must meet a condition that allows qualified aliens to get benefits. The seven categories of qualified aliens and qualifying conditions can be found here:
http://www.ssa.gov/ssi/text-eligibility-ussi.htm

 

Additionally, to receive SSI payments, you must reside within one of the fifty states, the District of Columbia, or the Mariana Islands – individuals living in Puerto Rico, Guam, the Virgin Islands, or abroad may not receive SSI payments. You also cannot receive SSI while in prison or jail, and are not entitled to retroactive pay for that time.

If you are considering applying for benefits but are not sure whether you qualify, please contact us for a free case evaluation.

By: Joyce Trudeau of Premier Disability Services, LLC^®

I was already approved for benefits, why is Social Security reviewing my case again?

Posted September 8, 2016 by Premier Disability Services, LLC® The Social Security Administration does not assume that you will be permanently disabled when you are granted Social Security Disability (SSDI/RSDI) or Supplemental Security Income (SSI) disability benefits. Many of the conditions that prevent Social Security recipients from working can be expected to improve with time. Accordingly, the SSA periodically reviews the cases of Social Security disability recipients to determine whether they are still unable to work and therefore still considered disabled. This process is called a “continuing disability review,” or CDR.

When your application for Social Security Disability benefits is approved, the disability determination representative who handled your claim will set the dates for your continuing disability reviews (these dates are sometimes called “diaries”). The Certificate of Award you received when your claim was approved should indicate when you can expect your first review. Generally speaking, CDRs are set at every three years or every seven years.

• Medical Improvement Possible – If your case has been labeled as medical improvement possible (MIP), then you can expect a review at least once every three years. The SSA may review your case every three years if you have a condition that can reasonably be expected to improve, such as a mental illness.

• Medical Improvement Expected – In some cases, your claim could be reviewed even sooner than three years. For someone who has had their disability case classified as medical improvement expected (MIE), the case will be scheduled for a review within six to eighteen months after the applicant was first confirmed of having a disability. For example, if you were granted disability benefits while recovering from multiple knee surgeries, your case was probably classified as MIE. Additionally, babies who are awarded SSI benefits due to a low birth-weight will have their case reviewed by their first birthday. It is less likely that those over 55 will receive a CDR according to the MIE timeline.

• Medical Improvement Not Expected – You may be set to a seven year diary if you have a condition that is not expected to improve, such as blindness, autism, Parkinson’s disease, multiple sclerosis, cerebral palsy, or other chronic conditions. These cases are categorized as medical improvement not expected (MINE). In addition, those over the age of 55 are often assigned seven year diaries simply because older individuals are less likely to improve than younger persons. Even disability recipients who have undoubtedly permanent conditions, such as amputations or mental retardation, may be subject to continuing disability reviews.

• Child SSI Recipients – Child SSI recipients will have their case reviewed at the time they turn 18, regardless of their disability.

• Deviation From These Guidelines – Although the above guidelines constitute the official procedure, the fact is that SSA has much leniency in determining when to do CDRs. There are a web of overlapping guidelines that SSA uses in setting the dates for CDRs. As a result, some SSD beneficiaries may see more frequent CDRs, while others go many years without being subject to one (the more common scenario because of current budget shortfalls). In general, the standard for proving ongoing disability are less strict in continuing disability reviews compared to the initial disability determination. The majority of claimants have their benefits continued following a CDR.

In addition to CDRs, which consist of reviewing the medical evidence in a claim, those receiving SSI will also be subject to “redeterminations.” Because SSI is a needs-based program with strict income and asset limits, the SSA regularly reviews beneficiaries’ income, resources, and living arrangements. If it is found that an individual is outside the allowable limits for SSI, then his or her SSI benefits will stop.

Re-determinations can be conducted anywhere from every one to six years. SSI claims are also subject to a re-determination when a beneficiary undergoes a change that could affect their eligibility (such as marriage).

Sources:

http://www.ssa.gov/pubs/EN-05-10153.pdf

http://www.socialsecurity.gov/pubs/EN-05-10090.pdf

By: Joyce Trudeau of Premier Disability Services, LLC^®