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Earlier this year, the Government Accountability Office (GAO) conducted a study of the Social Security Administration (SSA); namely, its practices while working with soon-to-be beneficiaries. Overall, the GAO concluded that the SSA can – and should – do a much better job ensuring beneficiaries fully understand the ramifications of their decisions – which, up until now, have blindly cost thousands of enrollees millions of dollars in lost income.

The study focuses primarily on retirement benefits through the SSA. However, the clear issues are those that can impact any number of enrollees, including those receiving disability benefits and Supplemental Security Income (SSI). Overall, the GAO reviewed a number of surveys, academic reports and interviews with both agency representatives and beneficiaries to conclude that the information supplied to SSA customers is incomplete, unclear and sometimes misleading. Concerning retirement benefits, the GAO found that SSA employees were failing to fully explain the penalties awaiting those opting to retire prior to 65 – which could result in a substantial loss of income in the long-term.

One important takeaway from the study was to always seek information from higher-ups before accepting the advice at face value. A Tier-1 customer service representative is usually the first representative a person meets when arriving at the SSA office or calling on the phone. However, Tier-2 representatives may be summoned at the request of the customer, and will have a more highly-specialized knowledge of the particular benefits question at issue. Unfortunately, the GAO also determined that nationwide budget cuts within the SSA will mean longer wait times for most folks, thereby adding to the already mounting frustration.

Contact a Social Security disability attorney today!

If you would like assistance with your Social Security issue, please do not hesitate to contact Roeschke Law, PLLC today: 1-800-975-1866. 

When I see news stories about con artists preying upon people that rely on Social Security to get by, it makes me so angry. People living on Social Security Disability Insurance, Supplemental Security Income, or who have retired and are collecting Social Security, don’t need any additional trouble in their life. Yet they seem to always be the people that wind up getting swindled.

I recently saw a story about a worker at the Phoenix Rescue Mission who was sentenced to 3 1/2 years in prison for stealing Social Security benefits from the homeless people living at the shelter. He had access to all the personal information of the residents, and was the person who handled all the mail going in and out of the facility, so he took advantage of his situation to steal over $61,000 in Social Security benefits.

As someone who spends my time helping people apply for benefits, this is so frustrating. There are way too many people out there who are getting scammed by the very people that are supposed to be helping them.

Here are a few tips that I hope will help people avoid being scammed by people they are supposed to be getting help from:

Consider going digital.

The homeless men who were taken advantage of had their benefits checks physically stolen by the person who handled all the mail at the facility where they were living. This could happen to anyone who has their mail taken care of by someone else, or who does not get their mail out of their box soon after it is delivered.

One way to prevent your benefits from being physically stolen is to set up direct deposit. With direct deposit, the government puts your benefit money directly in your bank account instead of sending you a physical check.

Don’t give your Social Security number to everyone that asks for it.

Did your dentist ask for your Social Security number the last time you went in for a cleaning? A lot of dentists do this so they can use it as a patient tracking number instead of setting up their own numbering system. And I don’t mean to pick on dentists, they are not the only businesses that do this, a lot of companies rely on Social Security numbers for client tracking.

Identity thieves have noticed this, and have started stealing Social Security numbers from these companies by hacking into their computer systems, digging through their trash, or bribing their employees to share your data with them.

So, the next time a business (or anyone) asks for your Social Security number, don’t automatically give it to them. Ask them why they need it, and what will happen if you don’t give it to them. If they don’t actually need it, don’t give it to them.

If you think something is amiss, notify the authorities right away.

If your Social Security card is lost or stolen, or you suspect that someone has stolen your identity, contact the Social Security Administration, and if applicable, your bank, immediately. You may even want to contact the police depending on the situation.

Be careful who you trust to work on your behalf.

Finally, don’t trust everyone that offers to help you. As someone that has dedicated their life to helping people navigate the Social Security system, nothing makes me angrier than seeing people be taken advantage of by people that are supposed to be helping them. If you have questions about someone who is offering to help you with your Social Security benefits, and you aren’t sure if it is a scam or not, please contact me and I will do what I can to help you.

How are attitudes about disability changing and why?

Like so many other types of individual differences, disabilities are gradually becoming accepted as one of the ways of being human. If society can now accept and give rights in the workplace and on the home front to women, blacks, Hispanics, the LGBT community, immigrants of varying ethnicities, surely it is time for people with disabilities to be embroidered into the fabric of our culture as well. It is no longer enough to welcome those who are “different” (as if any of us is not!) to participate in society, it is necessary to bestow the same honors upon them as other minority groups, particularly because the people with disabilities are the largest minority group in the United States.

If you are disabled, whether physically, psychiatrically, because of a learning disability, because of a congenital defect, as a result of aging, injury, trauma or disease, you are entitled to all the same rights and privileges as everyone else. Beyond that, you are entitled to the accommodations necessary to put you on as level a playing field as possible with the rest of the population. If you run into problems applying for or being awarded the disability benefits you deserve in Arizona, you should promptly contact an energetic and experienced Social Security Disability attorney to fight vigorously for your rights.

Disabled Population is Large and Growing Larger

The Centers for Disease Control and Prevention estimate that one in five adults in the United States is living with a disability. The National Organization on Disability says there are 56 million disabled people in this country. As a matter of fact, as more categories of psychiatric, neurological, and learning disabilities are discovered, the percentage of people who fit into the disabled categories continue to grow.

Accentuating the Positive

Just as most of us have come to accept slogans like “Black is Beautiful,” and “We’re Here, We’re Queer, Get Used to It!” as worthy of respect and helpful in ridding ourselves of racism and sexism in all their forms, it is clearly time for us to embrace the rights of the disabled community, in all its various manifestations, to express identity pride. Those in wheelchairs, those who use walkers or rollators, have cochlear implants, prosthetic limbs or service dogs or breathing devices, those with Down syndrome or short stature, autism or schizophrenia or bipolar disorder — all are as human as the rest of us. They all have as much right to be proud of their accomplishments and to live their lives free from discrimination in schools, in the workplace, at sporting events, in playgrounds, in restaurants, in theatres and on public transportation as do we all.

Getting Used to the Idea of Disability as a Normal Part of Life

While most of us will never change our skin color or gender, we will all spend some portion of our lives being disabled. As Rosemarie Garland-Thomson recently wrote in The New York Times, “We just might be better off preparing for disability than fleeing from it.”

If you are disabled, you may have questions concerning qualifications for Social Security Benefits or you may require assistance in applying for SSDI or SSI, appealing a denial of benefits, or requesting a hearing. If you find yourself in any of these situations, you should consult with a knowledgeable attorney who specializes in disability law.

Is your child receiving Supplemental Security Income (SSI)? Are you considering seeking SSI for your child due to his or her health and financial needs? If so, it is important to understand the delicate intersection of child support and eligibility for benefits – as child support payments are considered the child’s income and can greatly impact (or eliminate) the extent of the child’s eligibility for assistance.

Supplemental security income is available for children who are deemed to be blind or disabled – as well as meet certain household income criteria to demonstrate financial need. If you are receiving child support and hoping to also qualify your child for SSI benefits, keep in mind that the Social Security Administration (SSA) will count two-thirds of the payment amount as “unearned income.” After the first $20.00 in child support, any amount beyond that will count dollar-for-dollar against the child’s SSI eligibility.

It is also important to address the scenario in which a child has actually reached the age of adulthood, but is still receiving child support payments under a court order. When this occurs, the one-third exemption does not apply, and the SSA counts 100 percent of the child support payment as unearned income.

In some families, child support recipients opt to retain the monthly support payments in a trust or interest-bearing account for the benefit of the child when he or she reaches adulthood. In an SSI situation, however, this would count as an “asset” belonging to the child – and eligibility would be adjusted accordingly.

One way to help avoid this unfortunate result – particularly if a child is receiving Medicaid coverage as well – is to work with an experienced attorney to set up a special needs trust. In this scenario, the trust is actually the “owner” of the assets – as opposed to the child – and the child can avoid the unnecessary result of losing eligibility for SSI benefits as a result of his or her legal right to receive child support from a non-custodial parent.

Contact an experienced Social Security attorney today!

To learn more about the process involved in obtaining and maintaining benefits for children, please contact Roeschke Law today: 1-800-975-1866. 

If your deceased spouse was getting social security disability (SSD) benefits at the time of his or her death, you may be able to keep getting some or all of those benefits. Benefits that keep paying out after the death of the person they were tied to dies are called survivor benefits because they go to the relatives that still survive.

The type and amount of survivor benefits you can get will depend on your age, how long you were married, your current marital status, whether or not you are disabled, and whether you are caring for your deceased spouse’s minor or disabled child.

Age

If you have reached full retirement age, you will probably be able to collect all of your deceased spouse’s SSD benefits. If you have not yet reached full retirement age, you may be able to get a portion of your deceased spouse’s benefits.

If you are already collecting retirement benefits, the Social Security Administration (SSA) will take that into consideration, and may adjust your benefits up or down depending on your specific circumstances.

Marital Status

Unless you qualify for survivor benefits in some other manner, or a specific exception applies to your particular circumstance, you must have been married to your spouse for nine months in order to qualify for spousal survivor benefits.

There are also certain circumstances where ex-spouses can also get benefits. Don’t assume that just because you got a divorce you are not eligible for benefits, even if your ex-spouse remarried.

If you are considering getting remarried, whether you are a widow(er) or an ex, you should consult with an attorney familiar with the social security system to determine if your benefits will be impacted by your impending nuptials.

Disability

If you yourself are disabled, you may be able to get SSD benefits based on your own work record, on your spouse’s work record, or on some mixture of the two.

Children

If you are caring for the minor or disabled child (or other dependent family member) of someone who died while receiving SSD benefits, you and the child (or other family member) may be eligible for survivor benefits.

How Do I Get Survivor Benefits?

How you go about applying for survivor’s benefits depends on whether you or your children were already getting benefits when your spouse died.

If you were already getting benefits at the time of your spouse’s death, based on your spouse’s disability or otherwise, all you should need to do is alert the Social Security Administration of your spouse’s death. The SSA will determine if you are eligible for additional benefits.

If your spouse was the only person in your family receiving benefits at the time of his or her death, you will have to apply for survivor benefits. It is important to apply as soon as you can because the SSA won’t always pay benefits retroactive to your spouse’s date of death, so the longer you wait, the more benefits you lose.

If you need assistance dealing with the SSA, or you think you should be getting more benefits than you currently are, Attorney Kiel Roeschke may be able to help you. He has helped many Arizona residents get the social security disability benefits they deserve by assisting with benefit applications, and appealing cases for people who have had their claims denied. Contact him today to schedule a meeting at his Phoenix office, or just to get some advice over the phone.

Social Security disability benefits are certainly not limited to adults, and children of eligible beneficiaries may be eligible for a monthly stipend to help offset living costs and defray the financial impact of their medical condition.

According to recent data, as many as nine percent of all Social Security beneficiaries in 2014 were children – a number amounting to close to 6.4 million individuals. This data includes both children receiving benefits directly as well as those who benefitted indirectly from benefits advanced to an adult charged with their care. Children eligible for direct Social Security benefits include:

• Those whose parent or guardian passed away, leaving them as a surviving dependent;
• The surviving dependent of an injured worker who passed away;
• Children of retirees.

Indirectly, millions of children benefit from Social Security each day due to the fact their caregiver or family member receives monthly financial support. According to a study conducted by the Center for Global Policy Solutions, the staggering number of children benefitting from Social Security income are actually receiving much-needed support to avoid imminent impoverishment. For instance, the study found that although 40 percent of African American children currently live in poverty, the figure would like jump to 58 percent absent Social Security benefits. Likewise, the 28 percent of Latino children living in poverty would likely jump to nearly 45 percent without the benefits – figures which are just too astounding to ignore.

In a statement by the Center for Global Policy Solutions, “[w]e often talk about Social Security reform in the context of retirement….The fact of the matter is that skews our understanding of who the program serves. Social Security serves people of all ages, from birth to death – and the number of dependent children is too often ignored.”

With Social Security facing a certain solvency problem by 2034, lawmakers are beginning to work toward solutions to help support this much-needed social program. And, as the figures show, it is not just aging retirees who depend on these benefits – it is Americans of all ages.

Contact an attorney experienced with Social Security today!

To learn more about securing benefits for you and your family, call us today: 800-975-1866. 

How the Disabled Can Get Back to Work

What is the SSA’s Ticket to Work Program?

For disabled individuals who are receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, there may be a way to get back to work without losing their benefits. The Social Security Administration’s “Ticket to Work” program offers benefit recipients job training, vocational rehabilitation, job referrals and other services.

The program offers a number of options to those between the ages of 18 and 65. First, if you return to work, but are unable to continue, there is an “Expedited Reinstatement” process that allows you to immediately receive monthly benefits again and to continue receiving health care benefits.  For those who are participating in the Ticket to Work program, it is not necessary to undergo a continuing disability review.

The SSA provides free job-related resources through two types of third party providers that are under contract with the administration: Employment Networks (ENs) and Vocational Rehabilitation Agencies (VRs). ENs offer services such as career counseling and job placement assistance, and continue to work with participants in the program who have returned to work. For those who cannot return to the work they performed before becoming disabled, VRs retrain them for new careers. In sum, by working with an EN and a VR, you develop a plan for getting back to work and establishing career goals.

What happens to my benefits if I participate in the Ticket to Work Program?

In addition to being able to continue receiving benefits if you are unable to continue working, the program features a nine-month trial period. This enables program participants to perform work that pays a certain amount each month, for a total of nine months in a five-year period, and receive a full benefit amount.

When the trial period is over, benefits are not available for months in which participants earned “substantial wages.” After completing the trial work period, those who are still disabled and whose earning fell below the “substantial” threshold, can continue to receive benefits for an additional 36 months.

In the end, the Ticket to Work program offers opportunities to disabled individuals that may allow them to earn a living again. As with any other SSA program, the process can be complicated and you are well advised to work with an experienced social security disability attorney in order to protect your benefits

When you are injured and cannot work, the expenses begin to pile up fast. It is easy to find yourself so overwhelmed by bills that you end up panicking and making your financial situation, and your health, worse. So, the best thing that you can do once you are physically able to, is to contact an attorney or other advocate that has experience with the disability system.

Seek Help Right Away Because Getting Benefits Takes Time

One of the main reasons why it is important to contact an attorney as soon as you can, is to get the ball rolling on obtaining financial support for yourself.

An experienced attorney is going to be able to determine right away whether you should consider filing a personal injury lawsuit, or file for workers’ compensation.

An attorney that is familiar with the Social Security system is also going to be able to advise you on whether you have the option to retire and start collecting benefits, or whether you should apply for Social Security Disability Insurance (SSDI) benefits or Social Security Income (SSI) benefits.

SSDI Benefits

Social Security Disability Income (SSDI) is similar to retirement benefits in that it is based on an individual’s work record. A benefit determination considers the applicant’s age at the time he or she became disabled and the corollary amount of time worked.  Generally, duration of work ranges from 1.5 years for individuals who become disabled prior to the age of 28, to 9.5 years for those who 60 or older.

In order to qualify, the disability must be due to a medical condition that is expected to last at least for one year and/or result in death. In particular, the Social Security Administration (SSA) will seek to determine whether the disability limits an individual’s ability to perform the work he or she did before, or any other type of work.

Once the SSA determines you are eligible for benefits, there is a five month waiting period before your benefits can kick in. So, if your disability began on January 1st, your benefits would kick in on June 1, but you wouldn’t receive your first check on July 1.

However, it often takes the SSA longer than 5 months to process SSDI applications, so they typically owe back payments once a claim is approved.

SSI Benefits

If your financial needs are much greater than the aid you are eligible for, you may also be able to apply for Social Security Income (SSI).

Supplemental Security Income is designed for individuals who are disabled, blind or over 65 and is based on need. In order to be eligible, the applicant’s income and resources must fall below a certain threshold, but these benefits are available regardless of whether the individual paid into the Social Security System.

Once the SSA determines you are eligible for SSI benefits, there is no wait period. However, just like with SSDI claims, there is no automatic approval process. The approval process can often take months, so if and when you are approved, the SSA will pay you back payments from the time you became eligible for benefits.

You can click here to read more about the difference between SSDI and SSI.

Am I eligible for SSDI for my CRPS?

Complex regional pain syndrome (CRPS) is a chronic disorder that affects the arms, legs, hands or feet. Also referred to as reflex sympathetic dystrophy (RSD), patients suffer not only from pain, but nerve and muscle damage as well. While the cause has yet to be identified, the disorder typically develops after an accident, surgery, stroke or a heart attack. One theory is that the syndrome is the result of the body’s abnormal response to an injury that, in some cases, damages the nervous system. While the chronic pain is severe, it is said to be disproportional to the original injury.

There are two types of CRPS – Type 1, that does not involve a nerve injury, and Type 2 which results from a direct injury to a nerve. Type 1 injuries sometimes occur after car accidents or slip and falls, while Type 2 arises from an injection or a surgical mistake. The symptoms of this disorder include stiffness or swelling of the joints, decreased mobility of the hands feet or limbs, and muscle spasms. Some patients may also suffer with prolonged burning or pain sensations, heightened sensitivity or temperature and unexplained changes to the skin, hair and nails. 

CRPS can also spread to other regions of the body, which makes getting an accurate diagnosis crucial to recovery. However, there is no present cure for disorder, and treatments include pain medications, nerve blocks, pain management and physical therapy. Left  untreated, CRPS can cause permanent damage to the skin, bones and muscle.

Can I get SSDI for my CRPS?

In order to qualify for social security disability benefits, it is necessary to demonstrate that your CRPS renders you unable to work. It is also essential to have medical evidence to support your claim. A doctor must document actual physical findings that your CRPS is causing swelling, changes to the skin, abnormal hair or nail growth or osteoporosis. In addition the Social Security Administration must determine that the disorder prevents you from doing your current job, or performing any other work.

As with disability claims in general, there are a number of other factors the SSA considers, including income and asset limits. In the end, it can become quite complicated for CRPS victims to qualify for disability benefits. If you are suffering from chronic pain, you should immediately seek medical treatment. You should also engage the services of an experienced social security disability attorney who can help you obtain the benefits you deserve.

It is certainly no secret that the Second Amendment, and the extent to which it should be applied and upheld in today’s society, is under increasing scrutiny. Not only is the Federal Bureau of Investigation dealing with heavily-armed domestic and international individuals within the United States, but the Social Security Administration has also entered the arena of gun control and firearm ownership restriction – except, their position takes direct aim at disability beneficiaries who – in the SSA’s opinion – are under the influence of a mental health issue, therefore making gun ownership a general safety issue.

According to the 41-page document published by the SSA on May 5, 2016, the SSA intends to inform the Department of Justice on a quarterly basis of its disability beneficiaries who are receiving the benefits due to a mental health or mental impairment diagnosis. From there, the SSA will be informing these individuals of the possible prohibitions on gun ownership that could be implemented by the DOJ, as well as the consequences of violating the restriction.

Relying on the language of the Brady Act and its implementing regulations, the SSA continued by highlighting the statutory language that prohibits gun ownership by anyone who “has been adjudicated as a mental defective.” The SSA further explained that the FBI has reported significant backlogs in running background checks on gun purchasers, often due to incomplete files or unavailable information. Under the new regulations, the FBI would have immediate automated access to this information, and would be able to quickly make a determination of “mental defect,” which has been defined to include any of the following:

• A determination by a court, board, commission or other lawful authority that a person has marked subnormal intelligence, mental illness, incompetency, a mental condition or disease;
• Is a danger to himself/herself because of said condition;
• Lacks the capacity to manage his/her own affairs;
• Has been formally committed to a mental institution.

The report does not make mention of due process rights afforded to those who are deemed “incompetent” to own a firearm. Under the regulations, over 75,000 beneficiaries could be impacted, many of whom may be required to relinquish their firearms immediately.

Contact an Experienced SSDI attorney today!