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Question:
If someone might be eligible for unemployment but is also unable to continue working, should he apply for unemployment or SSI?
If he is eligible for unemployment and the amount is more than the Federal Benefit Rate (FBR)*, then he should take the higher amount (unemployment) as long as he can. The medical approval for SSI will last for 12 months, so if the unemployment only lasts a few months, he can always reapply for SSI (the non-medical application) and SSA will use the medical decision from his last application.
*This figure is updated annually and can be found at SSA Annual Updates.
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Question:
I am working with a man who remembers where he was born, but not his birth date. He knows a name for his mother, but does not know if it is her first or last name. How can I prove his identity?
My first recommendation would be to go with your client to the local SSA field office with whatever information you have been able to verify and that he is able to report. SSA can sometimes find someone's Social Security number with their name, DOB and parent's information. It often depends on how unique their name is and how easily they can narrow it down. SSA has a special provision to establish a new SSN for folks who are unable to identify themselves by reason of homelessness, amnesia or mental impairment.
The explanation in the SSA Program Operations Manual is at the following link: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110210120!opendocument
You will want to talk to the local SSA office about taking the steps to go through this process if necessary.
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Question:
When people get large back-pay checks, how long do they have to spend the funds in order to get their resources below that $2,000 level and not impact future payments?
Generally, SSA will not count the retroactive (back-pay) SSI or Social Security benefits for up to nine months after the person receives them. This includes payments received in installments.
When the individual receives his/her award letter it should spell out the exact length of time s/he has to spend down the retroactive payments. If there is any confusion, definitely check with the local SSA office for specifics on the individual's case.
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Question:
How do I become involved in SSI/SSDI cases that are already in process? What about cases that have been going on for a long time, such as those waiting for a hearing or appeal?
If the case is pending at the initial or reconsideration stage, you can become the applicant's representative via submission of the SSA-1696: Appointment of Representative form. You will then be able to communicate with SSA/DDS about the application and request access to the materials that have been submitted. After reviewing the person’s file, you'll know what needs to be addressed, just as when you are starting anew with someone. If the person isn't willing to have you be the representative, ask if they have one - if so, try to assist that person with what needs to be addressed.
If the person is waiting for an appeal hearing, it may be necessary for you to secure legal representation for them through agencies such as the state Protection and Advocacy organization, Legal Services, Legal Aid, or another kind of pro-bono legal service.
Read more at Prior or Pending Applications.
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Question:
I just went with someone to a consultative examination. When will we hear the decision on the application?
It depends! In many DDS offices the consultative exam (CE) examiners are allowed 30 days to file their report/evaluation after the exam. They may or may not be turned in on time. Once the DDS examiner gets the report it may take some time to finish their recommendation and transfer it to the physician at DDS who will review the case. This can sometimes happen very quickly or, when there are backlogs, it may take a few days, weeks or longer. We would recommend that the case manager call the DDS examiner to see whether the CE report has been submitted and whether they can provide any other needed information.
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Question:
Why would someone get two checks?
In certain circumstances, someone can get both SSI and SSDI. This happens when someone is approved for SSDI, but their monthly check is lower than the full SSI Federal Benefit Rate (FBR)*. This could be due to earning low wages throughout the employment history or limited recent work. In this case, the individual will receive SSI to supplement the payment to bring them up to the FBR. Since the Social Security Administration (SSA) discounts the first $20 of earned or unearned income an individual receives when calculating the SSI amount, a concurrent beneficiary will receive $20 above the SSI FBR.
*The Federal Benefit Rate changes annually and can be found at SSA Annual Updates.
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Question:
Is the SOAR Online Application Tracking (OAT) Program HIPAA Compliant?
Yes, the SOAR Online Application Tracking (OAT) program is fully HIPAA compliant. The system does not collect any personally identifying information about applicants during any part of the process. When users add a new applicant to the database, they create a unique applicant ID. The use of this ID avoids the need for personally identifiable information and helps prevent case duplication.
The ID is a 10-digit alphanumeric in the following format: xx00xx0000 (2 letters/2numbers/2 letters/4 numbers). It can be any letters and numbers you choose - just be sure to note it in your hard copy records.
Additional demographic information collected about an applicant is limited to age (without birthdate) and gender.
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Question:
How can someone receive SSDI (Title II) benefits if they have never worked?
If an individual becomes disabled before the age of 22 and one of his/her parents is either deceased or receives disability or retirement benefits, the "Disabled Adult Child" may receive benefits based on their parent's earnings record. SSA has an easy to use FAQ page about this topic: https://www.ssa.gov/planners/disability/qualify.html
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Question:
If an applicant wants to "fire" their attorney, will they have to pay them a fee?
Generally when an attorney is fired after the individual has signed the SSA-1696 (and possibly other binding documents with the attorney), the attorney has to file a fee petition with SSA defending their right to be paid. The attorney/representative must detail what services were performed while assisting the applicant. You can read more about the fee petition on the SSA website and see the form that is filed: http://www.ssa.gov/representation/fee_petitions.htm. SSA will determine whether or not the representative is granted the entire fee or a partial fee.
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Question:
What is the PATH Program?
The Projects for Assistance in Transition from Homelessness (PATH) program is administered by the Center for Mental Health Services, a component of the Substance Abuse and Mental Health Services Administration (SAMHSA). PATH is a formula grant to the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the U.S. Virgin Islands. There are nearly 600 local organizations that provide PATH services. PATH provides services to people with serious mental illness, including those with co-occurring substance use disorders, who are experiencing homelessness or at imminent risk of becoming homeless.
PATH and SOAR programs directly complement each other’s work and nearly half of the SOAR State Team Leads are also the State PATH Contacts. The PATH program’s objective to connect individuals to mental health services and stable housing is more easily accomplished when people who are homeless have access to the income and health insurance that comes with Social Security benefits. SOAR provides PATH case managers the tools necessary to expedite access to these benefits, resulting in improved housing and treatment outcomes.
Read more: PATH and SOAR Overview
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