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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 11682
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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My friend has neARLY 74000 DUE FROM A DISABILITY AWARD. sOCIAL

Customer Question

My friend has neARLY 74000 DUE FROM A DISABILITY AWARD. sOCIAL SECURITY WROTE TO SAY THEY CAN TAKE 18 MONTHS TO PAY IT IN 3 INSTALMENTS. dOES THE CLAIMANT HAVE A SAY IN THE TERMS OF PAYMENT OR IS IT ALL ONE SIDED
Submitted: 10 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 10 months ago.
Hi, my name is XXXXX XXXXX X thank you for your inquiry. I have been practicing SS law full time for 10+ years and look forward to assisting you.

The "3 payment" rule is actually more like 12 months, because the first one happens "now", the second one 6 months from now, and the 3rd one 12 months from now. Of course, we always hope "now" means now, and not much later.

It also means the person is collecting the SSI welfare and NOT Social Security Disability. There is no wait like this when there is earned SS benefits, only with SSI welfare. Part of the reason may be that with SSI, your friend is subject to the $2000 limit on assets. Were he to get $70k, he'd have to spend it down (waste it?) in short order (they do give some extra months when it is a lump sum like this, but then, boom, if not spent down, he is no longer eligible for SSI OR Medicaid.

That all being said, in hardship cases the person CAN ask that they be paid more, earlier. For instance, let's say their mortgage is WAY behind and they are being foreclosed on, (all due to the long wait to win their case and that $70k in back benefits) - and it will take $50k to pay it up and remain secure in his home - that may be an extremely GOOD reason for the SSA to give them more or even all, asap. The $50k will not have to be spent down wastefully, but will bring his mortgage current... You see what I am saying?

Remember to make sure he reads up on his rules on WHEN he has to spend down (hopefully in a wise manner, that will help his future, rather than wastefully) his lump sums.

But again, YES, he can request he get paid MORE now, if there is a good reason. If not, they SSA will feel it must help him protect his lump sum so it does not cause him to LOSE his benefits, but being OVER the limit on resources.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

Customer: replied 10 months ago.

There was 2 awards . One under ssi and the other ssdi since she worked nearly 40 years under ss, she filed a ssdi claim too The one they are currently asking her to wait for is a 17000.00 reduced down to 13,000 due to recoverable food stamp and 115.00 assistance before she got her ssdi award. I know they said the attorney could get paid under ssi at 25% limit 6000.00 . Her 74,000 check has not been as yet subjected to the 12 month rule but could it be ????Sorry to confuse the facts. She has a lawyer but is being very stobron about giving their office a call. I have been monotering her claim and attending all discussions that are permitted for 3 years untill she got the ssdi award in april of 2013. So can the lawyer collect from both ssi and ssdi up to the legal li,it of 25% or 6000 on each aforementioned claims?Thogther they exceed the 6000 limit

Expert:  Stephanie O Joy, Esq replied 10 months ago.

There was 2 awards . One under ssi and the other ssdi since she worked nearly 40 years under ss, she filed a ssdi claim too OK, so this would tell me that her PIA (for SSD) was UNDER the SSI amount, so the balance in SSI moneys would make up the difference. Currently, the SSI amount maxes out at $710/mo., but would have been LESS in prior years, like $690, $674, and so on, going back in time.

The one they are currently asking her to wait for is a 17000.00 reduced down to 13,000 due to recoverable food stamp and 115.00 assistance before she got her ssdi award. Then THAT is her retro SSI (not SSD). So it sounds like she does get, "now" the bigger amount, in full, from SSD. And it is only the $17000 that will be broken up.

I know they said the attorney could get paid under ssi at 25% limit 6000.00 .That will be combined - he will get 6000 total between the two. As soon as, between the two, she hit $24000 in back benefits, his fee stopped growing, regardless of how many additional years of work he did. It is a very "pro bono" kind of legal field, as you can imagine.

Her 74,000 check has not been as yet subjected to the 12 month rule From what you had said, it should NOT be - only the $17000 portion, that part attributable to SSI, could be.

but could it be ????Sorry to confuse the facts. No problem! They make is a bit confusing on all accounts.

She has a lawyer but is being very stobron about giving their office a call. That probably means she has in the past, only to NOT get a call back. Perhaps.

I have been monotering her claim and attending all discussions that are permitted for 3 years untill she got the ssdi award in april of 2013. So can the lawyer collect from both ssi and ssdi up to the legal li,it of 25% or 6000 on each NO not each. In total!

aforementioned claims?Thogther they exceed the 6000 limit
Yes, he is capped at $600 TOTAL. While he could ask the SSA for an increase, I wouldn't expect it to be granted, short of some unheard of occurrence in her case, but presumably hers is the regular run.
Customer: replied 10 months ago.

I want her to look at your helpfull answers. I am leaving a small 5.00 tip

Expert:  Stephanie O Joy, Esq replied 10 months ago.
Thank you, XXXXX XXXXX kind. As you know, that would require you rate me first (and personally, an excellent rating would make my day, if you agree).

As an aside, you may want to send her this link, which further explains that staggered payment plan for SSI retro benefits, and when one may be able to avoid that:
http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1651/~/receiving-ssi-back-pay-in-installments

Sincerely yours,
Stephanie/Screen name Alexia
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 11682
Experience: 19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
Stephanie O Joy, Esq and other Social Security Specialists are ready to help you
Customer: replied 10 months ago.

She will get 1850 dollars a month under ssdi minus medicare. She was unemployed and sick with zero income so thats why she qualified for ssi durING THAT PERIOD but she also got retro for ssdi in the same time frame nearly 3 years.

Expert:  Stephanie O Joy, Esq replied 10 months ago.
I'm glad to hear her prospective SSDIB is a healthy $1850. This means she will not need to spend down her SSI retro benefits (or retro SSDIB benefits) because she will not be getting SSI in the future, her income being far to great. That is super.

Thanks again, and I wish you both a great week.

Sincerely,
Stephanie
Customer: replied 10 months ago.

Yes its almost to good to be but it IS. I applied for ssdi and was awarded in 1992 but I did not know I could get some ssi for the time I was not earning . I believed That the person either took ssdi because they had enough quarters or they took ssi because they did not have the quarters. I got 18


months of past ssdi benefits . Seems I could have gotten 18 months of SSI benefits too. What you don"t know can cost you. In my case another 9 thousand at 500 a month

Expert:  Stephanie O Joy, Esq replied 10 months ago.

Yes its almost to good to be but it IS. I applied for ssdi and was awarded in 1992 but I did not know I could get some ssi for the time I was not earning . Not necessarily. Only for post-SSI application months where you have very limited resources and no income, not even SSD retro income.

 

I believed That the person either took ssdi because they had enough quarters or they took ssi because they did not have the quarters. Hmm, unfortunate you didn't discuss with a lawyer then. Of course, in 1992, there were not very many of us that engaged in this kind of work.

 

I got 18 months of past ssdi benefits . Seems I could have gotten 18 months of SSI benefits too. If your SSDI was greater than the SSI max amount, in any of those months, it would have put you over the income limit and you wouldn't be eligible for SSI for those months. Remember, SSI is welfare and only for those that don't really have income to speak of for those particular months.

 

What you don"t know can cost you. Yes. In my case another 9 thousand at 500 a month Probably not - certainly not if you got SSDIB for those months. Unearned income such as SSDIB, in a month (retroactively), will count dollar for dollar against potential SSI benefit after the first $20. You can do that math and determine if your SSDIB would have kicked out your SSI.

Customer: replied 10 months ago.

I don't feel I was underpaid now. Thanks from Carly too

Expert:  Stephanie O Joy, Esq replied 10 months ago.
You bet. You both have a great week,
Sincerely,
Stephanie

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