The Little Checkbox Mistake that Delayed Disability Payment by a Year!

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  • Опубликовано: 27 сен 2024
  • SSI and SSDI are two VERY different disability programs administered by the Social Security Administration. They both use the same definition of disability - do you have a medically determinable impairment that prevents you from performing a simple, entry-level job.
    Beyond that, however, these two disability programs are VERY different.
    SSI is a "means tested" program: meaning that you can only qualify for SSI if you have
    LITTLE TO NO household income and/or if you own very little in the way of ASSETS.
    If, for example, you cannot work but your spouse or someone else in your household works - your spouse's income will be used to offset your SSI benefit. (Look up the term "SSI deeming rules" to learn more on SSI.)
    This is why, for example, a parent who stayed home to raise the children may be medically disabled but can't collect any SSI if his/her spouse is working.
    In my opinion, the SSI deeming rules are horribly outdated and don't reflect the reality of life in the 2020's, but that is the subject for a different video!
    Now, SSDI is NOT "means tested", meaning that your SSDI benefit is paid from the payroll taxes YOU PAID, and it does not matter if your spouse earns a 6-figure income or if you own stocks and bonds.
    As I discuss in this video, I have seen situations where a disability claimant applies for both SSDI and SSI when starting the process even though that person would never qualify for SSI because of household income or assets.
    If your claim is approved and there is an SSI application pending, Social Security has to process both applications. The SSI processing involves an "income and resources" interview which can result in months of delay in case processing.
    I recently represented a client who had to wait over ONE YEAR(!) for his SSDI money because the SSI portion of his file got lost. We tried to withdraw the SSI application because my client clearly did not qualify due to household income and resources, but Social Security could not take any action until the SSI file was located.
    If you clearly do not qualify for SSI on non-medical grounds, you should think twice about checking the box that asks if you want to apply for SSI when you are applying for disability benefits.
    If you are not currently represented by an attorney, and you need an evaluation of your case, complete our risk-free, no-obligation case evaluation at the link below.
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Комментарии • 10

  • @leasagowers2293
    @leasagowers2293 10 месяцев назад +4

    This man is absolutely correct about this little check box… and if the case worker you have suggests it .. tell them no thank you! You are applying for SSDI. It adds months to receive your SSDI.

  • @kasondaleigh
    @kasondaleigh 10 месяцев назад +2

    Thank you. Good to know.

    • @ssdattorney
      @ssdattorney  10 месяцев назад +2

      Glad it was helpful!

  • @ladyt2881
    @ladyt2881 10 месяцев назад +1

    Wow and they work there. I've been going through hell with SGA. I couldn't win so I pay.

  • @lauriegrivel6286
    @lauriegrivel6286 10 месяцев назад +1

    SSA reps are required to take both claim types, even if they know one will be an automatic denial.
    Statistics!

  • @raymondthebricknut
    @raymondthebricknut 10 месяцев назад +1

    I applied March 21, 2023 was found disabled 10/2/2022 and got a single SSI payment for March then SSDI kicked in for April - August got first check in October for September then November for October. Because I got the SSI payment my check date changed to the 3rd of the month instead of the 4th wednesday. I have no assets, not married and the only thing that stopped the SSI payments was the SSDI amount.

    • @ssdattorney
      @ssdattorney  10 месяцев назад +3

      SSDI will offset SSI so you can get SSi during the 5 month waiting period but after that SSDI kicks in and offsets the SSI.

  • @robertwolfeii615
    @robertwolfeii615 10 месяцев назад +2

    Ty

  • @BestGamerHD
    @BestGamerHD 10 месяцев назад +1

    What if you applied in 2020 but started a new application after the judge denied you for ssi I reapplied a new case with new attorney in June 30th will this stop any back pay 😅

    • @ssdattorney
      @ssdattorney  10 месяцев назад +4

      If you were denied by a judge and you file a new application, the earliest onset date you can use is the day after the unfavorable decision.