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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13568
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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If a person received phone call from ss telling them they

Customer Question

if a person received phone call from ss telling them they have to go on ssdi and get off of ssi and the person with dementia went down to the ss office and applied for ssdi and now they are approved for ssdi at $253 less, can they go back on ssi ? do they have to go to court as 10 days have passed? they got a letter from ssi dated in nov just received stating ssi will be the same, then a letter from ssdi stating that is all they are going to get $480. On-line it says ssdi will be gone in 2016. ss told us he had to apply for ssdi as he is 64 and he worked earning between 3000 to 5000 between 1960,1970 and 1980 last date.
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hi, with regard to your post:

"if a person received phone call from ss telling them they have to go on ssdi and get off of ssi and the person with dementia went down to the ss office and applied for ssdi and now they are approved for ssdi at $253 less, can they go back on ssi ? YES, if they are otherwise eligible for SSI (i.e. low enough income, lack of resources/assets, etc.) and if their SSDIB benefit is below about $753, they can get the balance in SSI to get them up to $733 in SSI (reduced if they have other "in kind income", such as free room/board).

do they have to go to court as 10 days have passed? I'd head right down to the SSA office and explain the need to resume SSI given the low income from SSDIB. If the person can sign an ssa-1696 form to get a mentally capable person to be his Appointed Representative, that may help, since he has dementia. The AR can then handle the application needs.

they got a letter from ssi dated in nov just received stating ssi will be the same, then a letter from ssdi stating that is all they are going to get $480. That sounds like his earned insurance benefit (SSDIB) is $480. But, he can then get an adjusted SSI amount, for the balance, typically.

"
On-line it says ssdi will be gone in 2016. ----- Actually when he hits FULL RETIREMENT AGE, his SSDIB will automatically convert to SS Retirement, remaining same amount. And SSI is still available for poor retirees, so that will continue so long as he keeps them updated on his financials.

"
ss told us he had to apply for ssdi as he is 64 and he worked earning between 3000 to 5000 between 1960,1970 and 1980 last date.------ I can't speculate on whether he has the "recent" work requirement for SSDIB... not kwowing is situation, but if they say he HAD eligibility, he likely did. And an SSI application is automatically an application for SSDIB, usually, because you are required to count as income all other forms of benefits available, so that hopefully less welfare (SSI) will be needed.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

I hope this helps! My goal is toprovide you with excellent and accurateservice – if you feel you have gotten anything less, please reply back, Iam happy to address follow-up questions.

Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, shouldyou have legal questions. Be sure tostart future posts with "To ***** Esq., ONLY" ifyou want me to specifically answer it.

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