Articles Posted in Supplemental Security Income

Burrell v. Colvin, a Social Security Disability appeal from the United States Court of Appeals for the Ninth Circuit, involves claimant who became disabled in December of 2007. Claimant suffered pain and headaches for years prior to filing for disability benefits. Her conditions were related to serious neck and back conditions including a tumor near her cervical spine. She also suffered from a disc herniation and other degenerative disorders, including a broad-based disc bulge.

pain.jpgHer doctors followed the progress of her disc diseases from the early 1990s through 2009. In 2009, she had back surgery after suffering from a seizure. For years, claimant also experienced a noticeable tingling in her left hand.

Following surgery, she had trouble gripping things with her left hand. During her disability benefits hearing before an administrative law judge (ALJ), claimant testified she had at least two seriously debilitating migraine headaches per week. When she had a headache, all she could do to manage the pain was to lie still in a dark room for the rest of the day. Due to her neck and back pain, she was only able to sit or stand for limited periods of time.
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The United States Social Security Administration (SSA) oversees Social Security Disability Insurance (SSDI) benefits as well as Supplemental Security Income (SSI) benefits. SSA is the same agency that oversees Social Security Retirement benefits; however, funding does not come from the same source.

congress.jpgWhile most funding for SSA comes from payroll deductions from employee’s earnings and quarterly payments from self-employed individuals, money for retirement and disability funds go into separate pots. Congress can also approve this money to be supplemental by additional federal funding.

Historically, when one of the two SSA funds was running low or a predicted shortfall was nearing, Congress would reallocate funds from one fund to the other to keep both programs running at or near full strength. While some see this as merely kicking the ball down the road for future generations to deal with, it has become a necessity to avoid making tens of millions of disabled and elderly Americans suffer the consequences of a budgetary shortfall.
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When people think of Social Security disability programs, they are often thinking of the Social Security Disability Insurance (SSDI) program. This program is designed for people who worked a certain number of years, depending upon claimant’s age, and then suffered a disability. It is essentially a government run insurance program where, instead of paying a premium to a private insurance carrier, workers contributed a portion of their income to the Social Security Administration (SSA) by means of a Social Security tax. In should noted for reasons important to the projected budgetary crisis facing disability insurance, it is not the same fund used for Social Security retirement benefits.

book-3-1382561-m.jpgHowever, SSDI is not the only disability benefits program the SSA runs. There is also a program for children and low income elderly Americans suffering from a disability known as Supplemental Security Income (SSI). SSI requires certain disabilities, and a low income, but does not require claimants to have a work history, as does SSDI.

In Zavalin v. Colvin, an SSI appeal from the United States Court of Appeals for the Ninth Judicial Circuit, claimant was born in Russia and had suffered severe impairments since childhood. His disabilities include cerebral palsy, a severe speech disorder, and a learning disability. Claimant and his family moved to the United States when he was 13, and he began receiving SSI benefits.
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When thinking of Social Security disability benefits, many people are only familiar with Social Security Disability Insurance (SSDI) program. This program is administered by the United States Social Security Administration (SSA) and was established to provide benefits to disabled Americans who are unable to work. The program requires a claimant to have worked for a certain number of years prior to applying for benefits. The exact number of years, more specifically calculated as quarterly credits, depends on a claimant’s age at the time of becoming disabled.
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Many people are somewhat familiar with Social Security Disability Insurance (SSDI) benefits. While you may not know exactly how the program works, you probably know that if you are disabled and cannot work, you can apply for benefits.

writing-a-check-2-701013-m.jpgThe SSDI program operates somewhat like a private disability benefits insurance policy. Instead of paying a premium, as you do with private insurance, you pay taxes during the years in which you work. Some of that money goes to fund the SSDI program.

In order to qualify for SSDI benefits, you must be disabled, and you must also have worked long enough to have “paid into” the SSDI insurance program, as it is called by the Social Security Administration (SSA). It is not technically measured in years, but rather in quarterly credits earned by the claimant. The actual number of quarterly credits a claimant must have earned will depend on the age of the claimant at time of disability.
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Applying for disability benefits is a complicated process that often seems like it is stacked against claimants who know little about how the system works. It is for that reason that one of the best things claimants can do is to consult with a disability benefits attorney as early in the process as possible.

Herrmann v. Colvin, a case from United States Court of Appeals for the Seventh Circuit, involved claimant who was denied Supplemental Security Income (SSI) benefits for her medical conditions prior to reaching the age of 55 but was determined to be disabled upon turning 55. This resulted in a partial payment of disability benefits. Claimant appealed this partial denial of her application for benefits.
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Channell v. Colvin, a case from the United States Court of Appeals for the Eighth Circuit, involved claimant who was seeking Supplemental Security Income (SSI) from the Social Security Administration (SSA).

medicaldoctor.jpgClaimant was a 24-year-old at the time the administrative law judge (ALJ) rendered a decision on her application for SSI benefits. She had completed the eleventh grade and was a straight-A student, though she was taking all special education classes. She had never worked. Her literacy level was such that she could read and write short words, but she was never sure if she was given the correct change when she purchased something at a store. She had four young children, all below the age of five, received food stamps and got financial assistance from her family.

She is able to do housework and care for her children with the assistance of her family. and is able to go shopping for groceries. She has a driver’s license, though she failed the written test on the first three attempts. She owns a car but rarely drives.
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While many people have heard of Social Security Disability Insurance (SSDI) benefits, there is another option for some disabled residents of Boston known as Supplemental Security Income (SSI). The SSI program, also run the United States Social Security Administration (SSA), is designed to provide disability benefits for those who have never worked, or “paid into the system” to use the term SSA would use.

just-printed-1408010-m.jpgIn an SSDI claim, the SSA will look at the number of years that the claimant has worked and the amount of money that employee has paid into the SSA system in taxes prior to becoming disabled. In order to qualify for benefits, the workers must have paid taxes for a certain number of years prior to becoming eligible for benefits. The number of years is dependent upon the age of the claimant, meaning that a younger worker many not be required to work as many years as an older worker in order to receive SSDI benefits.
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A recent story for Fox News discusses how millions of elderly Americans who are living in poverty could be taking advantage of the Supplemental Security Income (SSI) benefits program under the Social Security Administration (SSA).

elderly-cane.jpgAs our Boston disability lawyers understand, SSI benefits are available to citizens who are over the age of 65, or, if under 65, must be blind or permanently disabled. This program is only for people under a specific income limit, as well.

While statistics reveal that 8 million people are receiving SSI benefits, of that group, only 25 percent of the claimants are over the age of 65. The vast majority of SSI claimants are ether disabled or blind. Researchers believe that nearly half of the eligible seniors are not receiving SSI benefits, despite being qualified.

One of the major reasons that people are not applying for this type of disability benefits seems to be a lack of awareness of the program. The elderly citizens eligible for the disability insurance program are often at a point of poverty where they are skipping meals and unable to heat their homes during the winter.
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In recent months, lawmakers have almost waged war against the disabled. From proposals of chained CPI that would cut the cost of living increase, to crack-downs on disability fraud, to proposals to slash disability benefits for those on unemployment, the news coming out of Washington has been nothing but bad. going-green-pays-off-1208043-m.jpg

Now, however, Disability Scoop indicates that federal lawmakers are actually considering a change that would be helpful to those who are coping with disabilities. The proposed law would make it easier for people who are in need of SSD benefits to actually be able to save money to take care of their futures. The bill has a long way to go and faces a tough legislative climate with lawmakers not exactly predisposed to helping the disabled. Still, with public pressure and with lots of support from disability advocates, perhaps a positive law could pass.

Those who are receiving SSD benefits or who are in need of such benefits should especially watch the progress of the law. You need to be careful about your current savings and resources if you receive certain types of disability benefits, as your Boston disability lawyer can explain to you, but this law could provide you with benefits that allow you to improve your financial situation.
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