here
September 5, 2012

What Happens To The Money In Children’s SSI Cases?

I represent many families with children who have disabilities at the hearings level in Indiana.  I believe I handle more children’s cases than many of my counterparts.  In fact, some attorneys tell me they simply will not take children’s disability claims at all.  Children’s disabilities can vary greatly, and the mental and physical problems caused by these health condition(s) can be devastating.  I often sit at the hearing and wonder, “When my client is awarded benefits, who is going to manage the money, and how will the money be used?” In children’s Supplemental Security Income (SSI) cases it is important to first understand Social Security’s income and resource restrictions.  If a family makes too much money, or if the family’s assets such as its vehicles, house, or bank accounts are worth too much, that family probably will not qualify for SSI benefits.  A family that does qualify for SSI is most likely struggling quite a bit to pay for for medical expenses, rent, food, and clothing.  Once a child is awarded SSI benefits, the family is eager to find out what types of expenses can be paid with SSI benefits, and who will be responsible for spending the money.  The Social Security Administration (SSA) has guidelines as to how those monies should be spent and who will do the spending. First, most minor children are required to have a representative payee who will manage their SSI payments.  The representative payee is required to: Use the payments to meet the needs of the beneficiary (i.e., the child) Save any money left over Report any changes Keep good records Help the beneficiary get medical treatment Notify SSA of changes in payee’s circumstances Complete accounting reports regarding the use of funds Return any monies beneficiary is not entitled to Now the big question … Continued

Filed under: Supplemental Security Income (SSI) || Tagged under:
0 comments || Author:

October 31, 2011

How Long Will I Receive Social Security Disability Benefits?

Indiana Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) recipients often wonder how long they will receive these disability benefits.  Many SSDI or SSI claimants are under the assumption that their disability benefits will last until retirement age. Although many disability recipients will receive benefits until they reach the retirement age, this is not the case for everyone. For those individuals who do receive Social Security disability benefits until retirement age, Social Security disability benefits will not just stop altogether, but they will simply change from Social Security disability benefits to Social Security retirement benefits. On the other hand, there are some instances in which a disability recipient will have their disability benefits end prior to reaching the retirement age. The most common reasons for a stop in disability benefits are: improvement of one’s disabling condition, incarceration, or return to work. As stated above, improvement of someone’s condition is just one reason why the Social Security Administration (SSA) may revoke benefits.  The SSA reviews the SSDI or SSI claimant’s disability benefits on a regular basis. These reviews are called “Continuing Disability Reviews” and these reviews are given to everyone who receives disability benefits. The time between these reviews may depend on whether or not your condition is expected to improve. Benefits may be reviewed by the SSA anywhere from every 18 months to several years depending on your condition and your chances of improvement. Another reason the SSA may revoke disability benefits is incarceration.  If an individual who receives disability benefits ends up in prison or is put in jail for more than 30 days, it is likely the disability benefits will stop. However, incarceration does not permanently end an individual’s disability benefits. When the individual gets out of jail, it is possible to this individual to get their SSDI or SSI benefits reinstated. One misconception people have is that going back to work automatically disqualify a person from receiving Social Security disability … Continued

Filed under: Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI) || Tagged under:
0 comments || Author:

May 18, 2011

Will my age be a factor in my Social Security Disability Claim?

Indianapolis Social Security Disability Attorney Scott D. Lewis represents a variety of Indiana claimants applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  His clients vary in age ranging from youths to adults in their early 60s.  Many times he discusses with clients the effects their age may have on their SSDI or SSI claim.  Although the Social Security Administration (SSA) does not specifically deny disabled individuals for reasons of age, it is Scott Lewis’ opinion that age can be a relevant factor in determining disability. How does my age affect my ability to obtain SSDI or SSI disability benefits?  A Social Security disability claimant’s age is certainly considered when applying for disability benefits.  One way the claimant’s age may be a deciding factor is that in order to receive SSDI benefits, a person must have earned enough work credits to qualify for this disability program.  Therefore, if a disabled claimant is 21 years old and has not worked long enough to earn enough work credits to qualify for the SSDI program, he/she will not be awarded SSDI benefits.  In summary, a younger adult is unable to fulfill the work credit requirements due to a lack of years in the workforce. Although these individuals are unable to qualify for the SSDI program, these individuals may qualify for the SSI program which does not require the earned work credits. In Attorney Scott Lewis’ opinion, as disability claimants reach their 50s, they are more likely to have their disability claim approved by the SSA.  The SSA believes that as people age, their ability to transition into new employment areas diminishes. Older claimants become less adaptable and less able to switch to a different job in order to cope with health problems. For example, a person disabled due to a foot injury may cause a younger … Continued

Filed under: Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI) || Tagged under:
0 comments || Author:

March 8, 2011

Child Social Security Disability Benefits and a Few Words From Indinapolis Disbility Lawyer Scott Lewis

The amount of inquiries Indianapolis Social Security attorney Scott Lewis receives on a weekly basis concerning child Social Security disability benefits is quite large.  The parent(s) or guardian(s) of these children have many questions concerning the eligibility criteria for qualifying for disability benefits.  The Supplemental Security Income (SSI) program can provide disability payments to children from birth to eighteen years of age if they meet medical and resource requirements. Indianapolis disability attorney Scott Lewis finds many families fail to receive payments for a disabled child due to Social Security’s income and resource rules.  The Social Security Administration will not only consider income and resources of family members living with the child, but also the income and resources of the child.  Indianapolis Social Security disability attorney Scott Lewis finds most families are surprised to find the threshold for income and resources is usually a lower figure than they had anticipated.  So even if your child meets the medical disability requirements set by the Social Security Administration your claim can be barred due to income and resource restrictions. Now in the event your family and child’s income and resources are below the limit set by the Social Security Administration, you next must meet the Social Security Administration’s rules for disability.  The child must have marked and severe functional limitations with a mental or physical condition, or a combination of conditions that have lasted or is expected to last for a period of twelve months.  Also, for 2011 the child can not be working and earning over $1,000 a month. When it comes to examining the mental or physical disability the child experiences, the Social Security Administration will consider: Functioning in motor skills. Functioning in personal skills. Functioning in cognitive and communicative skills. Functioning in response to stimuli for infants. Functioning in concentration, persistence, or … Continued

Filed under: Supplemental Security Income (SSI) || Tagged under:
0 comments || Author:

December 21, 2010

How Do Resources Affect My Supplemental Security Income (SSI) Claim?

Indianapolis Social Security lawyer Scott D. Lewis usually advises his clients to apply for both Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits when filing their initial application.  Mr. Lewis believes it is important to apply for both programs because if you are not eligible for one program the other program may be right for you.  Indiana disability claimants should be aware; however, the criteria is different for the two programs.  The Supplemental Security Income (SSI) program will look at an individual’s resources to determine if they qualify financially and how much their monthly benefit might be. Why does the Supplemental Security Income (SSI) program care about your resources?  Resources are just one of the factors to figure out whether you are eligible for the benefits.  Indiana disability claimants need to know there is a limit for countable resources.  At the current time it is $2,000 for an individual and is $3,000 for a couple.  Indianapolis Social Security Attorney Scott Lewis lets his clients know they will be asked various questions about their resources by the Indiana Social Security Administration (SSA). What does the Social Security Administration (SSA) consider resources?  This is not limited to, but can include things like: life insurance land personal property cash items that can be changed to cash for food and shelter vehicles There is also something called “deemed” resources. This can be some of the resources of a spouse, parent’s spouse, and parent, just to name a few. If you find you have not worked long enough to be awarded Social Security Disability Insurance (SSDI) benefits, then the Supplemental Security Income (SSI) program may be the right fit for you.  If you have questions concerning your Indiana Social Security benefits call Indianapolis disability attorney Scott D. Lewis for a free case evaluation.  You can protect … Continued

Filed under: Supplemental Security Income (SSI) || Tagged under:
0 comments || Author:

December 14, 2010

2011 Cost-of-Living Adjustments (COLA) for Social Security Disability Benefits Recipients

As with all Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefit recipients, Indiana disability benefits recipients are not going to see an increase in their monthly disability payment in 2011. On October 15th, 2010, the Social Security Administration (SSA) announced that there would be no Cost-of-Living Adjustments (COLA) for 2011. This is the second year in a row that there was not an increase to SSDI, SSI or Social Security retirement benefit payments.  Over 50 million Americans receive some form of Social Security benefit. What are Cost-of-Living Adjustments (COLA)? COLA is an automatic adjustment to the SSDI or SSI recipient’s monthly benefits that may occur each year. The COLA increase is based on the percentage increase from year to year of the Consumer Price Index for Urban Wage Earners and Clerical Worker (CPI-W) during the third quarter of the year.  This percentage increase of COLA is strictly based on the CPI-W increase so, when there is not an increase in the CPI-W then there is no increase in COLA.  CPI-W increases are determined by the Bureau of Labor Statistics in the Department of Labor.  The purpose of the COLA increase is so the purchasing power of SSDI or SSI benefits keep in pace with consumer prices and that benefits are not eroded by inflation. Why isn’t there a COLA increase in 2011?  As in 2010, because there was no increase in the CPI-W from the third quarter of the previous year to the third quarter of the current year. Therefore, SSDI and SSI payments will remain the same in 2011.  In the last two years, overall inflation has been low, largely because of the economic downturn.  It has been predicted by the Congressional Budget Office that inflation will remain low for the next several years.  As a result, this may mean that Social Security recipients may not see a COLA increase for … Continued

Filed under: News, Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI) || Tagged under:
0 comments || Author:

October 15, 2010

Social Security Disability Benefits

Indiana Social Security Disability Lawyer Scott D. Lewis represents individuals that are unable to work due a disabling condition or a combination of impairments. His disability clients have applied for Social Security disability benefits through the Social Security Administration (SSA) and have been denied disability benefits.  Scott Lewis assists disability claimants with appealing their denied claim at the reconsideration level and at the hearing level.  At the Law Office of Scott D. Lewis, Attorney Scott Lewis and his staff offer a free consultation to all disability claimants prior to representing them in their claim.  When Attorney Lewis is consulting with a disability claimant, he often finds himself explaining to the claimant the different disability programs offered by the SSA. In many cases, the disability claimants are unaware of the two different types of programs.  It’s important for Mr. Lewis to discuss with the claimant what the difference is between these two programs and which, if not both, program(s) is appropriate for the claimant to apply for.  The two disability programs offered by the SSA are Social Security Disability Insurance (also referred as SSDI) and Supplemental Security Income (also referred as SSI). The SSDI and SSI disability programs are the largest of several Federal programs that provide financial assistance to people with disabilities. While these two programs are different in many ways, both are administered by the SSA and only individuals who have a disability and meet medical criteria may qualify for benefits under either program. Whether you are a disability claimant suffering from cancer, heart disease, mental disorders, back pain, or any other disabling condition, your impairment has nothing to do with which disability program is right for you.  To determine which program you may qualify for it is based on work history and/or your income & resources. The Social Security Disability Insurance (SSDI) program is a payroll tax funded federal insurance program that is offered to disabled people … Continued

Filed under: Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI) || Tagged under:
0 comments || Author:

October 12, 2010

Cost-of-Living Adjustment (COLA) for Social Security Disability Benefits Recipients

Indianapolis Social Security disability benefits recipients receiving either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments are entitled to a Cost-of-Living Adjustment (COLA) each year.  COLA is an automatic adjustment to the recipient’s benefits that may occur each year.  Indiana Social Security Disability Attorney Scott Lewis tries to explain to his clients how COLA may affect their disability payments.The purpose of COLA is so the purchasing power of SSDI or SSI benefits is not eroded by inflation.  The increase in payments is determined by the percentage increase from year to year of the Consumer Price Index for Urban Wage Earners and Clerical Worker (CPI-W) during the third quarter of the year.  This percentage increase of COLA is strictly based on the CPI-W increase so when there is not an increase in the CPI-W then there is no increase in COLA.  CPI-W increases are determined by the Bureau of Labor Statistics in the Department of Labor. In 2010, there was no increase in COLA.  As all SSDI and SSI recipients experienced, this is the first time in history, dated back to 1975, that there was not an increase in COLA. There was no SSDI and SSI COLA increase in 2010 because there was no increase in the CPI-W from the third quarter of 2008 to the third quarter of 2009. Therefore, SSDI and SSI payments remained the same in 2010. Indiana SSDI and SSI benefits recipients may be wondering if there will be a COLA increase in 2011.  According to recent studies, experts are predicting that there may not be a COLA increase in 2011 and possibly in 2012 due to lack of inflation. Official projections will be determined later this month.  Most Social Security disability recipients rely on these benefits as their only source of income. In some cases, the effects of no increase in COLA may be financially painstaking. At the … Continued

Filed under: Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI) || Tagged under:
0 comments || Author:

May 26, 2010

What is a Medical Vocational Allowance?

Indianapolis Social Security Disability Attorney Scott D. Lewis has many clients that win their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim by means of a Medical Vocational Allowance. You may wonder what this means when it comes to Social Security disability claims. As Attorney Scott Lewis explains to his clients, it is a way of winning a disability claimant’s claim not based on one of the Social Security Administration’s (SSA’s) qualifying “Listing of Impairments.” So, how can a disability claimant possibly win a disability claim if they don’t meet or exceed one of the medical listing of impairments defined by the SSA?  A Medical Vocational Allowance (also known as Med-Voc) is a term used by the Social Security Administration (SSA) to define when someone is awarded Social Security disability benefits when the disability claim does not match one of the disabilities listed in the “Listing of Impairments.”  How does this work?  When the SSA is reviewing a disability claimant’s application, the examiner will request all medical records from sources the claimant has listed on their application.  Once the medical records are received, the SSA will evaluate the claimant’s condition and compare the impairment with the listings of the SSA’s “Listing of Impairments” (Blue Book).  The “Listing of Impairments” is a list of all qualifying conditions and impairments with their symptoms that a claimant must meet in order to be eligible for SSDI or SSI benefits.  If a claimant does not meet or exceed a particular listing, the claimant is often denied disability benefits.  However, this is how the Med-Voc comes into play.  When a disability claimant does not meet a listing, but the SSA examiner decides based on the claimant’s medical evidence that the claimant’s disability is severe enough, that the claimant is unable to work, and the … Continued

Filed under: Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI)
0 comments || Author:

March 4, 2010

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) Benefit Programs

Indianapolis Social Security Disability Attorney Scott D. Lewis often finds his clients are confused by the difference between the two disability programs offered by the Social Security Administration (SSA). These two programs are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI and SSI programs are administered by the SSA, both programs will pay a monthly benefit to qualifying disabled persons, and both programs follow the same procedures when determining if someone is disabled. Although SSDI and SSI have some similarities, they are quite different programs. It is important to understand the difference in these two programs when applying for disability benefits. Social Security Disability Insurance (SSDI) or also commonly known as Social Security Disability (SSD) benefits is the disability program that is funded by the Social Security taxes that are paid by employers, workers and people who are self-employed. This program requires the claimant to have earned the appropriate credits which is based on the taxable work of the disability claimant. This means that the claimant must have paid into this program through payroll taxes from previous work. This program was designed to assist those individual workers that paid into the program that become disabled and are unable to work until retirement age so they basically receive those benefits early. Financial eligibility for SSDI is based solely on the F.I.C.A. Social Security (F.I.C.A.) payroll taxes the claimant paid through employment. This program is not based on your current wealth situation. To be eligible for SSDI, you must have paid F.I.C.A. taxes in 20 out of the last 40 calendar quarters (essentially five out of the last ten years). If you are under age 31, that number is reduced. If you are over age 42, the minimum number of quarters increases approximately one quarter for each year over age 42. So, as … Continued

Filed under: Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI)
0 comments || Author: