Hi, my name is XXXXX XXXXX I 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.
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