Q: Will my children get benefits if I get SSI?

A: When applying for Social Security (whether you work with a social security lawyer or navigate the process on your own), you need to keep in mind the differences between Social Security Disability Insurance and Supplement Security Income, or SSI. While those that qualify for Social Security Disability Insurance Benefits may be able to obtain benefits for their children (a social security lawyer can help with the process), those that apply only for SSI cannot. Because SSI is considered to be a need based program, dependant benefits are not offered.

If you are approved for Social Security Disability Insurance benefits, on the other hand, it is possible to obtain benefits for minor children in some cases. Whether or not your children will receive benefits depends on your earnings records. Not all of those who apply for Social Security Disability Insurance Benefits qualify for dependents’ benefits. Those with a short work history may not qualify. For more information, speak with a social security lawyer.

Q: If I have money in my bank account, can I be approved for SSI benefits?

A: Any social security lawyer will tell you: because SSI is a need based program, all resources and income will be counted towards qualification. Those that qualify for SSI must earn little money and have few assets. Every state in the U.S. has its own general rules about qualification for SSI, and a social security lawyer should be able to help you with the general rules behind what is considered a “resource” in your state.

See below for some of the things that are generally considered a resource, and which will be considered a part of your income.

• Cash
• Bank Accounts
• Stocks and other Investments
• Real Estate
• Life Insurance
• Cars, Trucks, and Other Vehicles
• Personal Property

Though it is possible to be approved for SSI if you own a vehicle and one home, owning too many assets or “resources” can reduce your chances. In general you must have less than $2000 in the bank for an individual, or $3000 for a couple, to qualify for SSI. But since rules and limits change from state to state, it is best to speak with a social security lawyer.

Q: Will they take away my benefits if I sell my house and make money off of it?

A: Like with most social security questions, the correct answer to this varies from person to person, and it is a good idea to consult a social security lawyer. If you sell your home and make a profit, the amount of profit will determine your continued SSI benefits. If the profit from your home takes you over the “allowable value” of your resources at the beginning of the month, you will not be eligible for benefits for that month. And if that money stays in your possession into future months, your approval to receive SSI benefits may be questioned. If you are planning to sell a home, it is a good idea to consult a social security lawyer to understand how that sale may affect your benefits.

Q: Why are applications for social security disability benefits so frequently denied?

A: The main reason most applications are denied is due to insufficient medical data. Some people assume certain injuries speak for themselves, but thorough medical proof is needed for all claims. In some cases, the treating physician did not provide enough information to show how the condition negatively impacts the work capacity of the claimant. In order to receive approval, an application for social security disability benefits must provide evidence that the injury of a claimant prevents him from working in previous fields of employment, as well as other qualified work possibilities. Regardless of your condition, the disability manager examining your file will not understand the full picture if you have not provided complete medical records or information from your treating physician. Make sure you seek treatment for your condition and that your disability examiner has the most current and thorough information about your case. Strong medical proof will give your claim the best chance of approval.

Q: If you are in debt, are the social security disability payments you receive in jeopardy of being taken away by a collection bureau?

A: If you currently receive supplemental security income payments, no creditor can touch those payments. Those who collect SSDI payments, however, are not immune from all collections agencies. If you are in financial trouble with businesses, credit card companies, mortgage companies, etc, they cannot touch your payments. Government entities can collect your benefits checks, however. If you owe the government for back taxes, for example, your debt can be collected from your social security disability checks. The only other agencies who can collect your benefits checks are those handling your delinquent child support or alimony payments.

Q: If you are a landlord, will that negatively impact your ability to collect social security disability benefits?

A: Only your ability to earn a working wage affects determination of social security disability benefits. Rental income and other investments will not be a factor in this determination. If, however, you are applying for supplemental security income benefits, rental payments and other investments are a factor. Only those with limited financial resources are eligible for Supplement Security Income benefits.

Q: Are SSDI and SSI benefits the same thing?

A: Social Security Disability Insurance and Supplemental Security Income are both disability benefits, but they are not the same. Those who have contributed to social security during their work history and have accumulated enough credits, are eligible for SSDI. How long you have been employed, your income record and accumulated work credits are all factored into your qualification to receive SSDI benefits. A credit is earned roughly every quarter of the year a person works and earns at least a minimum amount of income (established each year by Social Security). You are usually eligible for SSDI if you have earned 20 credits out of the past 40 quarters. Eligibility for SSI benefits, however, are dependent upon the financial needs of an individual. SSI can be awarded, regardless of work history. To be eligible for SSI, an individual cannot earn more than $1,433 per month in wages ($694 per month if the income is not from wages). An individual must report all wages, resources and income when applying for SSI. It would be wise to seek the advice of a social security lawyer, if you are confused about your eligibility for Social Security Disability Insurance versus Supplemental Security Income benefits.

Q: Should I hire a social security lawyer if my application for disability was not approved?

A: You do not need to have a social security lawyer in order to appeal your claim. That being said, if your case was denied after the initial review, it would be wise to seek the counsel of a social security lawyer. You will need to file for reconsideration first. Frequently, a claim is denied again after reconsideration. The next step after reconsideration is to request a hearing for your case. It is strongly recommended that you have a social security lawyer for the hearing process. Your case has a better chance of being approved after a hearing, if you have the services of an attorney. You have peace of mind, as a social security lawyer will make sure that your claim is arbitrated fairly all the forms are completed correctly and on time. Should your claim win approval, an attorney can also assure that you get the most favorable onset date.

Q: Do I let my lawyer complete and submit all forms for social security disability benefits?

A: A social security lawyer will make sure that all forms are completed appropriately and on time. That being said, you should understand and know what paperwork is required. You should communicate with your lawyer frequently. Although the attorney will make sure you complete everything, some forms should be your responsibility. The initial application and any forms regarding your work history are most easily completed by you.

Q: I own a business, but do not run it myself. Would I still be eligible to receive Social Security benefits?

A: As defined by the Social Security Administration, disability is the “inability to engage in any substantial gainful activity.” They determine substantial gainful activity according to the National Average Wage Index, which gives a dollar amount per month. They consider a person to be working any day that he or she “is the owner or part owner of a trade or business even if he or she does not actually work in the trade or business or receive any income from it.”

The money your business makes may have an effect on your social security disability. If that income goes over the predetermined substantial gainful activity (SGA) level, the SSA may consider it a substantial income. The SSA determines this SGA level by doing a comparison of the income of your business to the income you received before you became disabled, as well as to the income of a healthy individual doing the same business.

Q: What will happen to my claim if I die while in the process of applying for benefits?

A: According to the Social Security Administration, if a person who may be eligible for social security benefits dies (this includes Supplemental Security Income), their survivors may apply for a Lump Sum Death Payment. This means that, if you were to die in the process of applying for social security benefits, your survivors may make a case for the social security benefits you may have earned after the waiting period. To do this, surviving family members need to prove that their deceased relative did or could have qualified for social security benefits in the month that they died.

Lump Sum Death Payment of social security benefits is available only to particular surviving family members. When making the claim, the family will need to provide information and records about the deceased’s social security benefits eligibility and application (if there was one). The SSA will also want to see information about the deceased’s overall disability, starting at fourteen months before death.

Q: What will happen to my social security benefits, once I am already on them, and I die?

A: A person who has worked and paid social security taxes may be eligible for survivor’s benefits upon their death. In general, for family members to receive survivor’s social security benefits, ten or so years of work will be needed (though this does vary). Survivors’ social security benefits can be paid to:

• A widow or widower, who will receive full benefits at retirement age, and reduced benefits starting at 60
• A disabled spouse aged 50 or over
• Children less than 18 years of age (or as old as 19 if they still attend secondary school)
• Children of any age disabled before the age of 22
• Dependent parents over 62 years of age.