FAQ

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.

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.  

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.

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.

Absolutely! The U.S. Department of Housing and Urban Development (HUD) Continuum of Care Program (CoC) plays a key role in ending homelessness in communities and states. HUD’s description of the program includes: “The Continuum of Care (CoC) Program is designed to promote communitywide commitment to the goal of ending homelessness; provide funding for efforts by nonprofit providers, and State and local governments to quickly rehouse homeless individuals and families while minimizing the trauma and dislocation caused to homeless individuals, families, and communities by homelessness; promote access to and effect utilization of mainstream programs by homeless individuals and families; and optimize self-sufficiency among individuals and families experiencing homelessness” (emphasis added)

SOAR is critical in HUD’s mission to promote access to Social Security disability benefits for individuals with disabling conditions. This access helps promote housing stability and prevents future homelessness for these individuals. As a result, SOAR should be included in local CoC plans to end homelessness.

SSA considers any life insurance policy with a face value of $1,500 or higher. The face value is how much insurance you're buying, (e.g., $5,000, $10,000, etc.). The cash value is what you'd get for the policy if you cashed it in.  Since this person’s policies are valued at $3,700, they are over the resource limit for an individual ($2,000). In order to fall below the resource limit, they would need to cash in one (or more) of the policies depending on what other resources they have.  They would need to use/spend that money to live on before becoming eligible for SSI.  

This letter applies to an individual’s eligibility for Social Security Disability Insurance (SSDI). SSDI is an insurance program that you pay into when you work through a portion of FICA payroll taxes. As such, when you stop working, you stop paying into this program and eventually your “insured” status will expire. The date your insured status for SSDI expires is known as the “date last insured.” For SSDI, applicants need to show that they were disabled before the date last insured in order to be eligible for benefits. For the letter in this question, it was found that the applicant was not disabled before his/her date last insured. If the applicant decides to appeal the decision, locating medical records the document an earlier onset of disability (if applicable) and checking the applicant’s earnings record to see if any earnings were missing are key strategies to pursue.

If the applicant’s disability arose after the date last insured, s/he may still be eligible for SSI, if h/she meets SSI resource and income requirements.

To help expedite a hearing, the applicant or their representative can submit a letter of "dire need" to the Office of Hearing Operations (OHO).  The letter should describe the applicant's conditions, how they have worsened since the reconsideration was filed, and why they will worsen still if they are not granted an expedited hearing. You need to explain how the applicant is unable to get shelter, medical care, and/or food. Be as specific as possible and provide examples of the applicant's functional impairment.  If you can reference medical records, that is very helpful. There is no guarantee that the administrative law judge will grant an expedited hearing, but it is worth trying.

Occasionally elected officials will send a form letter (a dire need letter of sorts) to OHO to inquire about the claim and to ask for an expedited process.  

"We consider your child’s income and resources when deciding if your child is eligible for SSI. We also consider the income and resources of family members living in the child’s household. These rules apply if your child lives at home. They also apply if he or she is away at school but returns home from time to time and is subject to your control.

If your child’s income and resources, or the income and resources of family members living in the child’s household, are more than the amount allowed, we will deny the child’s application for SSI payments."

Source: https://www.ssa.gov/pubs/EN-05-10026.pdf

Question #13 about "battery and cruelty" on the SSA-8000 applies only to immigrants and refers to domestic violence or child abuse. The SSA policy and operations manual states: "The alien claimant, the alien claimant's child, or the alien claimant's parent, must be determined to have been battered or subjected to extreme cruelty while residing in the U.S..."