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SSI Disability Benefit Law Questions

Supplemental Security Income (or SSI) — a United States government program — is one of the two programs administered by the Social Security Administration (SSA). SSI is a need-based program that assists people who are disabled, blind, or 65 or older. The Social Security Disability Insurance Benefits (SSDI), also administered by the SSA, pays benefits based on an individual’s income earning history. Various state Disability Determination Services (DDS), contracted by the Federal Government determine whether an individual is eligible or not. Below, Experts answer and respond to questions on laws related to the SSI.

What is the procedure for claiming SSI for disability?

The process for claiming disability is usually fairly simple but can often be time consuming. You may file a claim for Social Security Disability by going to the Social Security office nearest to you. Once the claim is filed, your disability will be verified by physicians engaged by the Social Security office as well as physicians or specialist that have treated you. The information is then processed to grant you the claim. In case you are denied benefits, you may hire a local social security attorney to help you fight for your claim.

I live in New Mexico where there is no state supplement available. How may I increase the money I receive as SSI disability?

Since the SSI rate is decided at the federal level, there’s not much you can do to increase the benefits you receive on your checks. The sum may be reduced if you start receiving income from other sources.

You have the option of applying for other benefits like food stamps, low income housing, utilities help, etc. so that you may use your SSI benefits for other needs. Also, not all earnings reduce your SSI benefits and you may even consider working part-time, but this will depend on your level of SSI Benefits.

My Social Security Disability is being garnished twice by the IRS: first at the payout and then again from the direct deposit of it in my bank account. Is this allowed?

Since Social Security Income (SSI) disability is a need-based program, your benefits usually cannot not be garnished by either creditors or the Federal government.

However, if you are receiving Social Security Disability Insurance Benefits (SSDI), Title II of the Social Security Act and Section 6331 of the IRS code allow the government to garnish the Social Security benefits to collect Federal Taxes owed. Disability benefits may also be withheld by other federal agencies for collecting dues, such as unpaid parking tickets, under the Debt Collection Act of 1996. Any other debts owed to the government on loans or mortgage too may be garnished.

It is possible that you are being garnished twice for these reasons. However, you are not to be garnished twice for the same debt. If that is the case, you may contact the Social Security Administration.

My spouse received retroactive SSI for the past two years and now my private insurer wants me to reimburse the payments it made during that period. What are my rights to compensation?

The terms of the policy will determine whether you are required to reimburse your insurer, who may sue you if you do not reimburse. However, the insurer may collect dues only through legal action from your assets and any income. Your best option will be to negotiate a settlement.

You also have the option of getting your fees reimbursed from your spouse’s SSA payments if you were appointed to represent your spouse before the SSA. You can file a petition with the SSA even though you have not previously registered for this benefit and submit a plea to pay reasonable costs. Get more information here.

Typically, the benefits are disbursed directly to individuals who are deemed capable of managing their own finances. In cases where this is not possible due to mental disability, the SSA may require a representative who manages the finances on behalf of the disabled person. Some states may have payee agencies to receive the benefits and disburse them as per instructions of the disabled person’s social worker. Some private agencies also provide this service for a fee. For any doubts on the legal aspects of the service, write to Legal Experts.

Ask an Estate Lawyer

Thomas McJD
Thomas McJD, Attorney
Category: General
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
Type Your Estate Law Question Here...
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Recent SSI Disability Questions

  • My father set up a living trust with my name as trustee and

    My father set up a living trust with my name as trustee and my brother as trustee. We had helped our father financially. There are two other siblings that have been no where around the last ten years that I know of. Is that trust supposed to be split equally amoung all four of us in the state of New Mexico? My father passed a way May 10th. 2013 He left no will. The money was intended to pay remaining bills and then to split between my brother an myself. I want to make sure I am not breaking the law.It is a living trust. NOT REVOCABLE upon death. There are no other assets

  • I live in South Carolina, disabled and receive $1312.00 SS disability per month... My wif

    I live in South Carolina, disabled and receive $1312.00 SS disability per month... My wife works part-time and cares for me the rest of the time and makes $600.00 per month... I have liens filed against a business we used to own ("C Corp") that we ran from 2008 to 2012 before I became disabled... I have not shut down the (C-Corp) yet and I need to get some high-risk life insurance... I am currently awaiting a Liver Transplant...
    My question is can the people and/or companies that have liens filed against my (C-Corp) get any of my life insurance that I am leaving to my Wife if I do not survive my Liver operation...??
  • my son died last month without a will he owns no house only

    my son died last month without a will he owns no house only cars that he want his daughters to have and a bank account I am his mother who had to pay his funeral cost. how do I get power of attorney of his affairs so I can give his children there cars/
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