Author name: patrick@greemantoomey.com

The SSI program provides monthly benefits to individuals who are retired or disabled who meet strict financial guidelines. The SSI program was meant for individuals with limited income and assets, but too many individuals were being negatively impacted by SSI’s limits so the agency recently adjusted its income and asset rules. Below is a message from Social Security and a list of types of payments that should not negatively impact SSI beneficiaries. We recently changed our rules about what financial assistance can affect your eligibility for SSI or your monthly SSI payment amount. Specifically, we no longer count the financial assistance listed below against your eligibility or payment amount. We are reviewing SSI claims and other SSI records going back to the beginning of the COVID-19 pandemic to restore SSI payments for people whose SSI was affected by receiving any of the assistance listed below. • Economic Impact Payments (EIP) • State Stimulus Payments (Some exclusions may apply.) • Unemployment Assistance (also includes regular unemployment) • Paycheck Protection Program (PPP): Loan Forgiveness to Employers and Self-Employed Individuals • Economic Injury Disaster Loan (EIDL) Program: Loans/Grants to Employers and Self-Employed Individuals /Grants • Coronavirus Food Assistance Program – Direct Payments to Farmers and Ranchers • COVID-19 Veteran Rapid Retraining Assistance Program • COVID-19 Funeral Assistance • Emergency Rental Assistance Fund • Emergency Assistance for Rural Housing/Rural Rental Assistance • Homeowner Assistance Fund • Housing Assistance and Supportive Services Programs for Native Americans • Tribal Payments from the Coronavirus Relief Fund and the Coronavirus State and Local Fiscal Recovery Funds • Supporting Foster Youth and Families • Higher Education Emergency Relief Fund • Emergency Assistance to Children and Families through the Pandemic Emergency Assistance Fund • Farm Loan Assistance for Socially Disadvantaged Farmers and Ranchers • USDA Assistance and Support for Socially Disadvantaged Farmers, Ranchers, Forest Land Owners and Operators, and Groups.

When it comes to Social Security Disability benefits, navigating the process can be overwhelming and confusing. The application process can be lengthy, and the denial rate is high. That’s why having a knowledgeable and experienced Social Security Disability law representative on your side can make a significant difference in the outcome of your case. A Social Security attorney can help you gather the medical evidence necessary to support your claim and represent you in the appeals process if necessary. At Greeman Toomey PLLC, we understand that obtaining disability benefits can be a matter of financial survival for many individuals. That’s why we offer a free consultation to review your case and help you determine if you are eligible for benefits. If Greeman Toomey takes your case, we will work on a contingency fee basis, meaning that you will not owe any attorney’s fees unless you win your case and receive benefits. During the process we will help you gather necessary medical evidence to support your claim and represent you through the appeals process and at a disability hearing before an Administrative Law Judge (ALJ). If you are seeking Social Security Disability benefits, it is essential to have a knowledgeable and experienced Social Security Disability law firm on your side. Greeman Toomey PLLC has a team of dedicated and compassionate attorneys and staff who understand the Social Security disability process. Should you be interested in a free consultation please contact us.

We realize it may be a stretch for ordinary people to want to keep up with the comings and goings of the Social Security Administration, but sometimes circumstances permit where someone does want to follow the latest news regarding the agency due to a possible retirement or disability interest. This blog is an ongoing piecemeal of recent stories that have involved Social Security. Some are tidbits and some are important things that should be known in the world of retirement or disability and others are just interesting stories and nothing more. New Rule Would Remove Food Support In-Kind Support Supplemental Security Income (SSI) beneficiaries are limited in how much income and assets they can have to meet the non-medical rules for SSI. When an SSI beneficiary is determined to be disabled by the agency, Social Security has to then determine if the beneficiary’s income from all sources is too much to qualify them for payments. For years food support has been counted against SSI recipients, which can lower benefit amounts, but a new rule will finally change after the Office of Management and Budget (OMB) approved the proposal and SSI beneficiaries will not longer be penalized for receiving food support. The rule change will not be implemented immediately as the rule must first be published in the Federal Register for public comment. Comments will then be considered and final version of the change must be submitted and approved by the OMB again. It is likely to take many moths before the rule change in official. Below is the current Social Security rule regarding in-kind support before changes are made. In-kind support and maintenance is food, shelter, or both that somebody else provides for you. We count in-kind support and maintenance as income when we figure the amount of your SSI benefits. For example, if someone helps pay for your rent, mortgage, food, or utilities, we reduce the amount of your SSI benefits. Receiving in-kind support and maintenance can reduce your monthly SSI benefits as much as $300.33, depending on the value of the help you receive. Republican Now Leads House Social Security Subcommittee The Republican Party took control of the U.S. House of Representatives in January, which results in a Republican who will now be chair of the House Subcommittee on Social Security. U.S. Rep. Drew Ferguson, a republican from Georgia will now lead the subcommittee with former subcommittee chair John B. Larson, a democrat, taking over the role of ranking member on the committee. Ferguson was first elected to Congress in 2016 and was re-elected in 2018, 2020 and 2022.

The AARP, formerly the American Association of Retired Persons, sent more than 200,000 email to members of Congress in 2022 urging legislators to combat the customer service issues at Social Security, and now that additional funding has been approved for the agency, the AARP wants that funding focused on improving customer service at Social Security. “We wrote to SSA Acting Commissioner Kilolo Kijakazi last week,” a January 24, 2023 press release from the AARP said. “Urging her to make customer service a top priority in the operating plan the agency is required to submit to Congress next month as part of the recently approved 2023 spending bill.” Congress approved a $785 million budget increase for Social Security, but there is some question about how effective that funding will be to address any of Social Security’s issues when the increase does not keep up with increased inflation. Many times, Social Security customers face extremely long wait times to work with a Social Security representative in office and additionally long wait times for phone service. A backlog of disability cases is also increasing at the agency and the AARP hopes this increased funding can in-part address some of these issues. “Millions of older Americans, people with disabilities, and their families rely on Social Security, and they deserve to receive timely and accurate assistance from the agency,” said AARP Chief Advocacy and Engagement Officer Nancy LeaMond, in a press release from the advocacy group.

Most Social Security disability claimants will end up waiting well over a year from the date they first apply before they can have a hearing before an Administrative Law Judge (ALJ). Social Security requires claimants to have their claims reviewed by a state agency during when the initial application is filed and on a claimant’s first appeal, which can take up to a year alone. If a claimant is denied at the initial application and first appeal phase the option is to have a hearing before an ALJ who will decide whether the claimant is entitled to benefits. For many claimants who are successful in obtaining benefits, the hearing before an ALJ is typically the final stage of the process, but what if it isn’t? Social Security routinely sends claimant out for Consultative Exams (CEs) with an independent doctor during the early stages of the process, but sometimes a claimant will be requested to attend one of these exams after their hearing with the ALJ. Although not the standard, it is also not uncommon for judges to send claimants out for an exam if the ALJ is unable to decide on disability because of a lack of medical evidence. If a claimant is asked to attend a CE it is crucial, they attend. Failure to attend can request is a dismissal of a case. After the exam the medical professional conducting the exam will issue a report to the judge on the findings. At this point the ALJ can issue a decision or the ALJ could schedule a supplemental hearing to discuss the new evidence with the claimant and their representative. It can be frustrating to have to go to another exam after a hearing where a claimant expected a decision to be made, but claimants must follow Social Security’s rules in obtaining disability benefits. Below is information on Social Security’s protocols related to CE exams. If the evidence provided by the claimant’s own medical sources is inadequate to determine if he or she is disabled, additional medical information may be sought by recontacting the treating source for additional information or clarification, or by arranging for a CE.

We realize it may be a stretch for ordinary people to want to keep up with the comings and goings of the Social Security Administration, but sometimes circumstances permit where someone does want to follow the latest news regarding the agency due to a possible retirement or disability interest. This blog is an ongoing piecemeal of recent stories that have involved Social Security. Some are tidbits and some are important things that should be known in the world of retirement or disability and others are just interesting stories and nothing more. Employee Numbers Continue to Decline at Social Security For literally decades the Social Security Administration has been underfunded and understaffed, which can in-part explain the lack of customer service at the agency, but if the current trend where the agency has less employees each month has continued steadily over the last year and should be reason for concern. The Office of Personnel Management (OPM) recently released its updated employee number for Social Security showing a steady decline since December 2021. The employee headcount at Social Security was 57,754 in September 2022 compared to 60,422. There is no question the COVID-19 pandemic disrupted many things, including the amount of business Social Security conducts, but no that closures and lockdowns have been lifted you would expect Social Security business to pick-up, which it has, but employee numbers have not kept up with the amount of business the agency conduct. When understaffed, customer service expectedly declines, so the thin staffing levels at the agency will continue to disrupt Social Security’s ability to provide service. Biggs and Lewis Renominated to Social Security Advisory Board President Joe Biden recently renominated two members of the Social Security Advisory Board (SSAB). Last year Biden nominated both Andrew Biggs and Sharon Lewis to the Board, but both nominations were returned to Biden due to U.S. Senate rules, according to a new release from the SSAB. Biggs is a senior fellow at the American Enterprise Institute (AEI) and a former deputy commissioner at Social Security. Lewis is a principal at Health Care Management Associates and previously worked at the Department of Health and Human Services. If confirmed, Biggs would serve through September of 2024 and Lewis would service through September of 2028.

One of the essential papers for obtaining Social Security disability is proof of a debilitating medical condition. One of the most common reasons for SSDI claim rejections is inadequate documentation of an injury or illness. It may sound simple enough to collect your own medical records and submit them to Social Security, but it’s not. Typically claimants who apply for disability have medical evidence from many different treating sources and records that go back several years. This could result in hundreds of pages or even thousands of pages of medical records to comply. Claimants always have the option of seeking the assistance of a Social Security disability attorney or representatives. Below are acceptable forms of medical evidence Social Security will accept. • Contact information for all medical personnel who have treated you, including doctors, clinics, and hospitals. • Dates of diagnoses, hospitalizations, doctor’s visits, treatments, or operations may be included. • Laboratory findings and test results are available. • A list of all the prescription medications you’ve taken for your disability, how long you’ve been taking each medication, and how well it works. • Clinical reports, medical histories, findings, treatment history, and prognoses Other types of medical and non-medical evidence are accepted, but it will depend on the circumstance of the claimant.

We realize it may be a stretch for ordinary people to want to keep up with the comings and goings of the Social Security Administration, but sometimes circumstances permit where someone does want to follow the latest news regarding the agency due to a possible retirement or disability interest. This blog is an ongoing piecemeal of recent stories that have involved Social Security. Some are tidbits and some are important things that should be known in the world of retirement or disability and others are just interesting stories and nothing more. Online Tool to Assist with Scheduling Appointments to File Claims Making appointments with Social Security to conduct business is never an easy proposition, but since March of 2020 the process has become even more difficult due to shutdowns and Social Security’s remote work options, but a new online tool offered by Social Security should assist with more customers being able to schedule appointments to file claims. Social Security recently announced this new option, below is more information about the project. SSA developed an online tool to allow internet users to request an appointment to file an application for benefits and to establish a protective filing date with SSA. The electronic protective filing tool will allow individuals to submit information for the appointment request using a computing device, such as a personal computer or handheld (mobile) device instead of calling SSA by phone or visiting a field office. The tool will be available to potential claimants, as well as those individuals assisting them. Although this new option will eventually be available, Social Security had not indicated when this option might be available to customers. Disability Claims more Challenging in Rural Areas A recent article offered by Blue Virginia shows that there is a significant discrepancy between Social Security disability claimants who live in urban areas as compared to rural areas. The article examines the lowest average disability approval rates by state. States that have larger rural populations are behind ones with urban populations. Below are the numbers identified in the article. Of the top 15 states with the lowest disability claim approval rates, Oklahoma (30 percent), Hawaii (30.2 percent), and West Virginia (31.9 percent) have the lowest overall approval rates. Seven of the remaining 15 states have approval rates that fall at or below 35 percent: Alabama (32.3 percent), Kentucky (32.9 percent), North Carolina (33.5 percent), New Mexico (34.4 percent), Florida (35 percent), Indiana (35.2 percent), and Maryland (35.9 percent). The other six states have marginally higher approval rates. Still, they fall below the national approval rate average of 41.7 percent: Montana (36.2 percent), Utah (36.2 percent), Arizona (36.4 percent), Mississippi (36.6 percent), Georgia (36.7 percent), and Tennessee (37.9 percent). Unfortunately, this is not a new phenomenon. People who live in more rural areas have had increased obstacles to obtaining Social Security disability benefits. As identified in the article, many people who live in rural areas face a lack of transportation options and limited medical treatment options, which are likely to contribute to the discrepancy among urban and rural claimants.

Each year typically brings changes to Social Security benefit amounts and eligibility for programs. In 2023 some significant changed were adopted that can impact eligibility and impact benefit amounts due to the agency’s annual Cost-of-living adjustment (COLA). Social Security Disability Insurance (SSDI) beneficiaries, as well as Supplemental Security Income (SSI) beneficiaries will receive an 8.7 percent increase in benefits this year. This is a substantial increase from past years due to increased inflation. Below we take a look at how the average beneficiary will be impacted by the COLA increase this year. • The average Social Security retirement beneficiary will receive $1,827 per month in benefits, an increase of $146 per month compared to 2022. • The average SSDI beneficiary will receive $1,483 per month in 2023, which is a $119 per month increase from last year. • The average widow or widower monthly benefit amount will be $1,704 in 2023 an increase of $137 per month in 2022. Payments will also increase for SSI beneficiaries. SSI is a needs-based program for the disabled and elderly. The maximum individual SSI monthly payment will increase from $841 to $914. The maximum monthly benefit for a married couple who both receive SSI will increase from $1,261 to $1,371. For more information about benefit changes can be found at sss.gov.

What Is SSI (Supplemental Security Income)? According to need-based income and assets, Supplemental Security Income (SSI) is a program funded by general tax revenue (not from the Social Security trust fund). SSI requirements have nothing to do with employment history; they are based purely on financial instability. You must have less than $2,000 in assets (or $3,000 for a couple) and limited income resources to meet these qualifications. What Is SSDI (Social Security Disability Insurance)? Social Security Disability Income (SSDI) is a government-sponsored program that gives monthly payments to those who are unable to work because of a disabling condition. If you have paid taxes for a certain number of years, then you have likely contributed to the Social Security trust fund, which pays for SSDI benefits. To be eligible for SSDI, candidates must earn enough work credits. A disabled person who has received SSDI for two years will become eligible for Medicare. Under SSDI, a disabled person’s spouse and children’s dependents may be eligible to receive partial dependent benefits. However, only adults over 18 can receive the SSDI disability benefit. Though SSI and SSDI provide income to those with disabilities, they are two distinct programs that offer different benefits and have additional requirements for eligibility. Social Security Disability Insurance (SSDI) If you are blind or disabled and can no longer do any substantial work, you may be eligible for the Social Security Disability Insurance (SSDI) program through the Social Security Administration (SSA). It might also result in death. If you have an impairment or illness on the federal government’s list of severe impairments, you are automatically eligible for SSDI benefits. Supplemental Security Income (SSI) The SSA also administers the Supplemental Security Income (SSI) program. It provides cash assistance to eligible individuals who are over 64, blind, or disabled and meet specific financial requirements. Unlike SSDI, which is based on an individual’s work history, SSI eligibility is determined solely by income and resources. While the exact definition of disability applies to both programs, individuals typically only qualify for SSI if they don’t have enough work history to meet the requirements for SSDI. To be income eligible, an individual’s “countable income” must be less than the “standard of need.”