Social Security Questions and Answers

reading this about ssi really pisses me off. I have known of hundreds of able bodied scammers just working the system, most are pill heads with "back injuries". One in particular is about as disabled as i was precancer dx, and pulls in 900 for ssi and another 300 for food stamps. He does meth, all types of pills and worse. He just sucks it all up, and has absolutely no apparent physical issues, even from a cursory look! There is no cane, no issue walking, nothing apparent. He has a long criminal record and his life is just a frolicking white trash party on OUR dime.

Now that i need MY money, it seems from reading here i may not even get it, despite dx of stage 2 with spread to nodes, anxiety and depression.  I never have been arrested, never taken pills till NOW, worked for over 30 years and live a modest, below our means lifestyle, in a very modest, old home that needs many upgrades.  Now, so i may lose the tiny bit of possessions we have?  It infuriates me!  

Well, when and if the atty calls me back, i will put this to her too. Tx for reading the rant!

Thank you, Gatorgrl! I'm sure you'll be receiving questions. What alarms me is when a stage 4 member (there's been 2 that I know of) gets a letter that their benefits will be terminated. I believe they both won under appeal, but it's a scary thing, just the same.

Just out of curiosity - do you call yourself Gatorgrl because you're a UF fan, attended UF, or simply because you live in Florida? My daughter graduates high school this year, wants to do pre-med, and is considering UF. She toured the campus and loved it.

Thanks again.

:-) Penny

I think that both people had been on disability for five years and came up against an automatic review process. It's pretty scary, but since it's unlikely that your health has improved after five years with MBC, it should be just a verification of your diagnosis and current health status. I've been on SSD for four years now, but I'll turn 66 and reach full retirement age before year five rolls around so I don't expect it to be a problem for me.

@SyrMom

This is a link to information about this bill from NOSSCR, the National association of Social Security Claimants Representatives.

http://nosscr.bmetrack.com/c/v?e=61A66D&c=5C4AF&l=...

sorry about the bad link. Here is the text:

House Passes Rules Restricting Discussion of Trust Fund Rebalancing

House Resolution 5 passed, almost entirely on party lines, with no Democrats voting for the measure and only four Republicans voting against it.

The provision regarding Social Security creates a "point of order," essentially prohibiting discussion or votes on reallocation of the trust fund. The rule was opposed by aging and disability organizations, including AARP; the National Committee to Preserve Social Security and Medicare; Social Security Works; and the American Federation of State, County, and Municipal Employees.

This rule creates a serious problem for attempts to alleviate a coming shortfall in the Disability Insurance Trust Fund. Based on current projections, unless Congress acts by mid-2016, Social Security will only be able to pay about 80% of disability benefits; this shortfall largely occurred because of changes to America's population and retirement age. The House rule prevents "clean reallocation," a solution Congress has used 11 times in the past to shift money from one trust fund to the other when shortfalls arose. The reallocations have occurred in both directions.

Clean reallocation protects people with disabilities and does not hurt retirees or survivors. NOSSCR supports clean reallocation, as do dozens of organizations representing millions of people, including the Strengthen Social Security Coalition, the Leadership Council of Aging Organizations, and members of the Consortium for Citizens with Disabilities. However, it is unlikely that a Republican-led Congress will support reallocation.

It is very difficult to overcome a point of order, especially with a Republican majority, and therefore clean reallocation is unlikely. However, Congress may be able to reach another solution. NOSSCR is working with a coalition of disability and aging groups to determine the true effect of this rule, to develop a strategy to educate members of Congress and to resolve the shortfall in the Disability Insurance Trust Fund in a way that protects current and future Social Security beneficiaries.

Below is a news roundup of key news articles and blog posts on the Social Security provision that was included in the House rules package for the 114th Congress.

Michael Hiltzik, LA Times

http://www.latimes.com/business/hiltzik/la-fi-mh-on-day-onel-new-congress-launches-attack-on-social-security-20150106-column.html

NYT Editorial: Uh Oh, Republicans Are Trying to 'Protect' Social Security Again

http://takingnote.blogs.nytimes.com/2015/01/07/uh-oh-republicans-are-trying-to-protect-social-security-again/?_r=0

Think Progress

http://thinkprogress.org/economy/2015/01/07/3608887/social-security-disability-reallocation/

AP, Stephen Ohlemacher

http://abcnews.go.com/Health/wireStory/house-rule-sets-election-year-battle-social-security-28048810

Arthur Delaney w/ video from Chris Hayes

http://www.huffingtonpost.com/2015/01/06/social-security-disability_n_6426380.html

Talking Points Memo

http://talkingpointsmemo.com/dc/social-security-di-house-rules-change

Portsmouth Daily Times

http://www.portsmouth-dailytimes.com/news/news/151116000/Brown-calls-new-rule-dangerous

CBPP

http://www.offthechartsblog.org/house-rule-could-hurt-vulnerable-disability-beneficiaries/

social security disability will automatically convert to retirement when you reach your full retirement age. Here is a link to determine your full retirement age.

http://www.socialsecurity.gov/retire2/agereduction.htm

SyrMom , if you are currently on SS disability then it will convert to retirement. There is no practical change in the amount. If you are not on disability, you could certainly take early retirement at 62 but it would be a reduced amount. Medicare entitlement begins at age 65 unless you are on disability.

I was called for Jury Duty and I am on SSDI. Where I live JD is one day unless you get called to a trial. I went for my one day and got put on a trial. During juror selection, I asked for a side bar. I told the judge and attorneys that I am a Cancer patient and as a result, my concentration/memory is faulty at times. They were extremely sympathetic and told me that if I want to remain as a juror, I could...or they would be fine with excusing me. Even though I enjoy JD (I have been on three trials), I asked to be dismissed and they wished me well...Judges and attorneys want jurors that want to be there. I have found that they always excuse the people that have valid reasons.

Basia, so sorry to hear of your recurrence. You have what is called a "date last insured" (DLI) issue, meaning that in order to obtain Title 2 disability on your own earnings record you must prove you became disabled before your DLI which I assume is in 2012. It is good that you have an attorney to help you

Hi, my husband was just approved for SSDI after a long drawn out process and finally a hearing before the AL Judge. We got his back pay award quickly (surprisingly!) within a month of the hearing but, they (SS)  withheld 25% for the attorney fee and it was way more than the 6,000.00 cap we were told was the maximum allowed by law (15K+ was withheld!) so why would SS do that? Any guess? Who has this money so they can return it to us since it is way over allowable amount the law states directly on the SS website. Thanks for any help/info you can give us!

April, the maximum fee at the ALJ hearing level is $6,000 )from which SSA deducts a user fee) the remaining 25% over the $6,000 will be refunded to you once SSA determines this is the max to be paid. They initially hold the full 25 percent of past due benefits because had the case been won on appeal at a higher court then the $6,000 fee can be increased not to exceed 25%. Since this is not the case for your husband the remaining money should be released to you within the next month or so.

The fee was raised from $4,000 maximum to $6,000 maximum a few years ago. It is still limited to 25% of past benefits at the administrative so could be less depending on the amount of back benefits.

here is the link to the increase. http://www.ssa.gov/representation/documents/74 FR 6080 pdf.pdf

Thanks! I discussed with attorney and he said that they automatically withhold 25% and then return excess later. I appreciate all of the digging Brookside! And Gatorgal, was aware that it was 6K since 2009 but thanks for showing Brookside! Hugs to you both!

single mom - VERY important to NOT quit work until you have filed for the short term AND long term disability from your job. As soon as you quit - you LOSE that benefit. My Human Resourses did not know this and tried to HOLD my paperwork until I was not working. I had to go in and demand that the paperwork be submitted NOW.

Get a FULL print out of the policies. (Hopefully, can be done on line. Otherwise contact the carrier for the policies.). Read them thoroughly. I filled out the paperwork and took it in to the oncologist for signature.

Take FMLA if possible and file while on FMLA. I was able to take accrued sick time and actually worked a few hours a week to extend the time until the short term disability activated. I filed for SSDI the SAME day when I submitted the STD and the LTD applications. SSDI has a six month waiting period. STD should be able to pay you through until that takes effect. When the LTD activates, it is common to deduct the SSDI amount from that payment.

PLEASE do not quit until you have full information. You will lose the benefit when you quit.

Also, check for accelerated payment from your employers life insurance. If your oncologist will agree to sign the paperwork, and the policy has accelerated payment clause, you can draw out a percentage of your life insurance without penalties. Again, you will lose this benefit if you quit work. (I told my oncologist to guarantee in writing that I would live if he didn't sign the paper. He signed it.)