An adult disabled before age 22 may be eligible for child’s benefits if a parent is deceased, or receives Social Security retirement or disability benefits. The SSA considers this a “child’s” benefit because it is paid on a parent’s Social Security earnings record. Here is the disability page on the SSA website (scroll down to
Benefits
Trial Work
Trial work is a program that applies to people already entitled to Title II disability benefits. Sometimes Title II recipients will attempt to return to work to see how it goes. Social Security encourages this, and allows a 9-month period for a person to still receive disability benefits while testing his or her ability to…
Title II Waiting Period
When you are awarded Social Security disability benefits, you do not receive benefits beginning on your onset date (which is the date you became disabled, and were not working). Rather, there is a 5-month “waiting period” before benefits accrue.
As a practical matter, however, it is often a 6-month waiting period. This is because the…
Title II Offset When a Representative Fee is Involved
When a concurrent Title II and Title XVI case is awarded, the claim goes to the local Field Office for a determination of SSI benefits. This process takes some time, because the claim specialist at the field office needs to make an appointment to call the claimant to document the claimant’s income and assets to determine financial eligibility (SSI is a need-based program). Then the claim gets sent to the Payment Center, where Title II benefits are calculated, and then the SSI benefits offset the Title II benefits. Therefore, concurrent cases typically take several weeks longer to get paid than straight Title II-only disability claims. This is frustrating, because the SSI claimants are the ones who often need to money the most.
The monthly Title II disability benefit (PIA) is usually greater than the monthly Title XVI SSI amount. And while the SSI benefits begin to accrue on the filing date of the claim, the disability benefit is not paid until after the 5-month waiting period after the onset date. To evaluate these payment issues, you need to compare the filing date with the onset date, and know that the eligibility date for Title II is 5 full calendar months after the onset date.Continue Reading Title II Offset When a Representative Fee is Involved
Auxiliary benefits for your children
If you qualify for Social Security disability benefits, your minor children are also awarded benefits. These benefits are in addition to your monthly disability payments, and are intended to help provide the necessities of life for your children. If you remain disabled, the children’s benefits will continue until their 18th birthday (a child still in…
The 36-month Reentitlement Period
The reentitlement period is a safety net for Title II disability recipients who return to work. The reentitlement period begins at the end of the 9-month trial work period, and lasts for 36 months.
If you cannot continue working at the SGA level due to your disabling impairments during the 36-month rentitlement period, you do…
Social Security disability – Workmen’s Compensation Offset
For those with Workmen's Compensation (WC) benefits who are awarded Social Security disability insurance (SSDI) benefits, there is an offset for the SSDI benefits.
The applicable regulation is 20 C.F.R. 404.408. It states that if the total of WC and SSDI are more than 80% of your average current earnings (ACE), then the SSDI…
SSA Conducting more “Continuing Disability Reviews”
I have received several calls lately from individuals who are currently receiving Social Security disability benefits, and have just gotten a letter from the SSA saying that their disability status is being reviewed. Obviously, the receipt of such a letter causes a great deal of concern.
Social Security periodically conducts continuing disability reviews (CDRs)…
New SSI and SGA Amounts for 2012
The Social Security Administration recently announced a cost of living adjustment (COLA) of 3.6% for Social Security beneficiaries. The COLA affects several different numbers in the Social Security ecosystem.
The monthly maximum SSI amount will be $698 in 2012. For a married couple on SSI, the "couples rate" will be $1,048.
The monthly amount for…
The ALJ decision says that I remain insured through December 31, 2013. Do my disability benefits stop then?
A fully favorable ALJ decison usually contains a sentence like this:
The claimant's earnings record shows that the claimant has acquired sufficient quarters of coverage to remain insured through December 31, 2013.
Sometimes the successful claimant will read that sentence and think that it means that the Social Security disability benefits will terminate on…