what does it mean when ssi says they have turned over my case to my lawyer

by Geovanny Harber 5 min read

What happens if I am no longer disabled and receive SSI?

Generally, if your application for Social Security Disability Insurance (SSDI) is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date we find that your disability began. Example: Your disability began on June 15, 2020 ...

What happens after a judge makes a decision on social security?

Aug 01, 2019 · It means you were approved. The non-medical is just an SSI financial review. Decision Writers For hearings, there is one extra step. After the judge, makes a decision, the judge will send the decision to some people called decision writers. The decision writers will write a long letter explaining the judge’s decision.

What happens if my Social Security disability benefits are incorrect?

There are three ways that we do a redetermination: telephone; in person; or. mail. For telephone and in-person interviews, we send a letter telling you that we will call you on a certain date and time, or ask you to come into the local Social Security office for a redetermination. Our staff will fill out the forms during the interview based on ...

What happens if my social security case is not finished?

Feb 02, 2022 · If you are receiving SSI and, for any reason, your income or assets rise above the limit for SSI eligibility, your benefits will stop. In 2021, the individual income limit for SSI is $794 per month, and the asset limit is $2,000. While SSI recipients should be aware of these limits, determining whether you are over the income limit can be a ...

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Who makes the final decision on Social Security disability?

An applicant can receive payments for up to 6 months while the Disability Determination Services (DDS) reviews the claim and makes the final decision.

How often does SSI review your case?

If improvement is expected, your first review generally will be six to 18 months after the date you became disabled. If improvement is possible, but can't be predicted, we'll review your case about every three years. If improvement is not expected, we'll review your case every seven years.

What are the stages of disability determination?

4 Steps to the Social Security Disability Determination ProcessStep 1: Initial Application. To be awarded disability benefits, you first have to assert your right to them. ... Step 2: Reconsideration. ... Step #3: Hearing. ... Step #4: Appeals Council and Beyond.

When SSI ALJ amends your onset date Does this mean you have been given favorable decision?

The vocation rules change at age 50, so an ALJ may ask the claimant and attorney if they would “amend” the onset date to 5/1/16. If the claimant and attorney agree at the hearing to so amend the onset date, the “Fully Favorable” decision will so reflect.May 19, 2018

What does it mean final review to make sure that you still meet the non medical requirements for disability benefits?

Non-medical redeterminations are reviews of all of the non-medical factors of eligibility to determine whether a recipient is still eligible for Supplemental Security Income (SSI) and still receiving the correct payment amount.Jul 31, 2018

What happens after SSI phone interview?

You might be able to do a telephone interview, but you'll most likely have to go to your local Social Security office and sit down with a claims representative. After that meeting, the representative will submit your claim to an examiner for a final decision.May 21, 2021

What does SSI pending mean?

It just means they are still in the process of writing up your decision. This is neither good nor bad. Wishing you nothing but the best. Butterfly (not verified)Oct 18, 2017

What is step 4 of the SSDI process?

Step 4: Past Work. The objective of Step 4 is to determine whether you have the ability to perform work you have performed previously. To determine this, the adjudicator determines your Residual Functional Capacity (RFC). Your RFC identifies what your body and mind can still do after considering your medical symptoms.

How do I find out if my SSI claim is pending?

You cannot check the status of your application online if you do not have a my Social Security account. Call us at 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday, 8:00 a.m. – 7:00 p.m.Apr 8, 2021

What does amended onset date mean?

An amended alleged onset date is an alleged onset date (AOD) the claimant revises after the field office (FO) sends the claim to the Disability Determination Services (DDS). Based on the technical and medical requirements for the established onset date (EOD), a claimant may want to amend his or her AOD after filing.Dec 6, 2012

What does onset date mean?

The Onset Date is the date you are alleging that you became disabled. It is not necessarily the last day you worked, although often it is. Generally, it is the date you became disabled, and the date you can prove you became disabled. Everything gets measured from that date, including retroactive benefits.Dec 23, 2020

What does alleged onset date mean?

The alleged onset date, or AOD, is the date you claim on your Social Security Disability application as you became unable to work because of your medical condition.

Social Security Disability (SSDI) vs. SSI

What can cause your benefits to stop differs between the two separate disability benefit programs that are operated by the Social Security Administ...

What Can Cause SSDI Benefits to stop?

The most common reason for someone’s Social Security Disability (SSDI) benefits to stop is because they have returned to work. While in some cases...

What Can Cause SSI Benefits to stop?

The most common reason for someone to lose SSI benefits is having too much income, either through working or receiving it in some other way.

Medical Improvement Can Stop Both SSDI and SSI

The rules surrounding cessation of benefits for medical improvement are the same for Social Security disability and SSI:If your disabling medical o...

What is the extra step in a hearing?

For hearings, there is one extra step. After the judge, makes a decision, the judge will send the decision to some people called decision writers. The decision writers will write a long letter explaining the judge’s decision. Then they will send it back to the judge to sign.

What is an appeal under review?

For hearings: “Appeal Under Review: A medical decision has been made and we are working to process your decision. A Social Security Representative may contact you or your appointed representative directly if we need any additional documents or information.”.

What is a quality review?

Quality Review. Before they tell you the decision, they may send your file to an office called quality review where they will double check our decision. Most of the time, nothing happens at quality review. However, if quality review disagrees with the decision, there is a small chance they may send it back for more consideration.

Why did my SSDI stop?

What Can Cause SSDI Benefits to Stop? The most common reason for someone's Social Security Disability (SSDI) benefits to stop is because they have returned to work. While in some cases it's possible to work while continuing to receive SSDI payments, there are specific rules you need to follow.

How long does it take for SSDI to stop?

Your SSDI benefits will be suspended after 30 days of incarceration (unless you participate in a rehabilitation program) and will be reinstated the month following your release.

What is the TWP period?

One exception to the SGA rule is what's referred to as a "trial work period" (TWP). This period of time allows someone who is currently receiving SSDI benefits to attempt to return to work without automatically losing their SSDI eligibility.

What is SGA in SSDI?

If you return to work while receiving SSDI benefits, the SSA will want to determine if you are engaging in " substantial gainful activity " (SGA). The biggest factor in determining if work qualifies as SGA is the amount a person is paid.

What age can I stop receiving Social Security?

Turning the Age of 18. Children who are receiving SSI will have their condition reevaluated according to the adult SSI standards when they turn 18, and depending on the SSA's decision, this could cause their benefits to stop.

How often does the SSA review a disability claim?

The SSA periodically reviews the case of all beneficiaries (usually every three or seven years) to determine whether they are still disabled.

What is the income limit for Social Security in 2021?

In 2021, the individual income limit for SSI is $794 per month, and the asset limit is $2,000. While SSI recipients should be aware of these limits, determining whether you are over the income limit can be ...

What happens if you overpay Social Security?

If you've been overpaid. If Social Security paid you too much, you generally have to pay the money back. You will receive a notice explaining the error and outlining your options and rights. Typically, SSA withholds some or all of your corrected monthly payment until the debt is settled.

Why is my Social Security payment incorrect?

Incorrect payments happen for a number of reasons: SSA might be at fault — a computational error, or a failure to obtain or act on information relevant to a recipient's eligibility or benefit amount. A beneficiary might have neglected to notify Social Security of, or provided incorrect data about, a life event that can affect benefits, ...

What to do if you get too little Social Security?

SSA will investigate the matter and compensate you for any underpayment in a lump sum or through increased monthly payments.

What happens if a beneficiary doesn't notify Social Security?

A beneficiary might have neglected to notify Social Security of, or provided incorrect data about, a life event that can affect benefits, such as a change in income or a death in the family. Your case might not be finished. If a beneficiary appeals a loss or reduction of benefits, SSA is required in some instances to keep paying ...

How much did Social Security pay out in 2019?

In the 2019 fiscal year, Social Security paid out just over $1 trillion in retirement, survivors and disability benefits. That included about $2.6 billion in improper payments, in which beneficiaries received more or less than they were due. The rates of overpayment and underpayment were 0.2 percent and 0.05 percent, respectively.

How to request an outright waiver of a debt?

You can request an outright waiver of the debt by filing Form SSA-632. You'll have to demonstrate that the overpayment was not your fault and that repayment would cause financial hardship. If you don't think you were overpaid, you can appeal using Form SSA-561-U2.

Will Social Security make revisions?

After that, Social Security will not make revisions except in a handful of circumstances, among them inaccuracies resulting from fraud, mechanical or clerical errors; wages omitted from an employer's tax filings; and earnings credited to the wrong person or time period. Updated March 9, 2021.

What to do if Social Security stopped checking?

If your check is stopped for financial reasons, and you don’t know why, you can contact your caseworker at Social Security and ask if they can help you by explaining why your check stopped or why you were denied. Make sure to let them know you are not requesting a new SSI interview right now, you are just asking them to explain to you the last decision that was made. You want to figure out what the problem is before requesting a new interview.

How long does it take to appeal SSI?

If SSI ever discontinues or denies your check, and you don’t agree or don’t understand why, you have the right to appeal within 60 days. A regular disability lawyer will not help you with this situation. Your local nonprofit low-income legal aid center may help.

Can I apply for disability if I am married?

Social Security Disability has some specific rules that make it difficult for married people to apply in certain situations. If someone is telling you that you cannot apply because of your spouse’s income, don’ t give up hope quite yet.

Can I apply for SSDI again?

Some people apply for both SSI and SSDI but get turned down for the SSI. They do not realize that when time passes and their life changes, they can apply again. If your situation has changed now, you can apply again at any time. For example, if you got divorced, or separated, or stopped working, or if you had money in the bank that you spent, or any of the many other Things that Can Make an SSI Check Go Up or Down. Depending on how much time has passed, they may just sign you up automatically, or you may be required to start a new application.

Can I appeal my SSI check?

If that doesn’t work, don’t give up, you can appeal. If SSI is continuing to make a mistake with your check, contact your Congressperson. They may be able to help.

Can SSI change your check?

Some people think Social Security will always send them the correct amount of money and if their life changes their check will just magically adjust to the correct amount. No, no, no. You must make the magic happen. SSI checks will often go up or down because of marriage, divorce, separation, starting working, stopping working, or change in household income.

Can my parents affect my SSI?

Your SSI may be affected by your parent’s finances (if you are under age 18) or by your spouses finances ( if you live with your spouse). This is called deeming. There are a few exceptions: How to Avoid Deeming

What happens if you don't show up for a Social Security exam?

If you fail to provide the Social Security office with requested documentation or fail to show up to your scheduled medical exams, your claim will be denied. Because of this, it is important to remain in contact with the person handling your case and provide any and all documentation requested in a timely manner.

Why are disability claims denied?

Many Social Security Disability claims are denied due to a lack of solid medical evidence. If you want to qualify for disability benefits you will need to prove that you are unable to work due to your disabling condition.

What is RFC in medical?

The RFC determines how much work you are capable of performing given the limitations of your condition. Your doctor is the one who fills out the RFC form, thus ensuring that the information provided is based entirely upon your medical history.

What is the success rate of disability appeals?

You are able to bring witnesses who can support and corroborate your claims. There is an average success rate of 62% at this stage.

What is the most important thing to keep for Social Security?

The medical records kept by your primary care physicians are what will be most important in determining the success of your claim for Social Security Disability benefits. Because of this, it is very important that you discuss how your disability is impacting your work life with your physician.

What happens if you don't follow the treatment prescribed by your doctor?

If you fail to follow the treatment prescribed to you by your doctor, the Social Security Administration will deny your claim. The reason for this is that the examiner will not be able to accurately determine whether or not your condition actually prevents you from being able to work if you are unwilling to cooperate with treatment.

Does income matter when applying for SSDI?

Your income does not matter when applying for SSDI benefits. Some people who apply for SSI benefits can work part time and earn money during the process. However, If you are working and earning more than $940 per month when you apply for Social Security Disability, your claim could get denied. The Social Security Administration will only approve ...

Why does it take so long to process a disability claim?

In addition, if your case is assigned to a disability examiner who is slower or one who has too many cases to work on, it will take longer to process your disability claim.

Can a disability examiner make a determination?

Disability examiners cannot make disability determinations until a claimant's records have been received. Unfortunately, some medical providers are very slow about responding to medical record requests (for this reason, it's wise to obtain your medical records and submit them when you first apply, if possible).

How long does SSI last?

These temporary payments can last up to six months. Specifics Social Security looks at include:

What does SGA mean in Social Security?

You are unable to work or earn Substantial Gainful Activity (SGA).

Can I get my Social Security benefits back after I quit?

If your work stops within five years of the time your SSI benefits ceased, Social Security may be able to start benefits again through the expedited reinstatement process .

Can I file a new claim if I am no longer disabled?

If Social Security decides that in fact you are no longer disabled you may have to pay back the SSI payments you received while you were waiting for a determination. If this happens you can always ask Social Security to waive any overpayment issues and file a new claim. Ineligibility due to work is a bit different.

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