I regularly receive questions about auxiliary Social Security disability benefits. Often these questions are from divorced persons who are struggling with the cost of raising a child, while the disabled, non-custodial parent has not been cooperative with regard to auxiliary benefits.
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As I noted this past November, I am starting to see more instances when a judge will want to change the "onset date" for my client's disability. What does this mean and should you be concerned?
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Filed under Administrative Law Judges, Disability Lawyers, Disability hearings, Earnings requirements by 
Question:
What happens to an individual’s disability benefits when they are convicted of a felony offense and sentenced to a time of incarceration?
Answer: Under Section 404.468 of 
the Code of Regulations, "No monthly benefits will be paid to any individual for any month any part of which the individual is confined in a jail, prison, or other penal institution or correctional facility for conviction of a felony." Thus, if an individual receiving disability benefits commits and is later convicted of a felony offense, any disability payments he/she was receiving at the time of his/her incarceration will stop until such a time as the individual is released.
Filed under Eligibility Issues, SSI issues by
I regularly receive questions from unhappy Social Security claimants who are facing the prospect of having to send their lump sum Social Security disability checks to their LTD carriers. Many LTD policies, especially group policies, include provisions that offset LTD payments by any amount received by Social Security. In other words, if the LTD benefit is $1,800 per month and Social Security awards $1,500 per month, the LTD carrier's obligation becomes only $300 per month once SSDI is awarded.
More on Does LTD Carrier Have a Claim on Auxillary Benefits Paid to Your Kids
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I received a question from one of my blog readers asking about date calculations. I wish I could tell you that understanding Social Security's date calculations and acronyms was easy but I can' t say that. I will try to offer some explanation about this confusing area.
More on Am I Getting the Right Amount of Money – Understanding Social Security's Date Calculations
Filed under Earnings requirements, Monthly benefits by
I regularly get questions from readers of my blog and web site about SSI, SSDI and the differences between the two. The biggest difference: you will be eligible for SSDI if you have worked and paid Social Security taxes into the system. Generally to be fully insured, you need to have worked and paid taxes for 5 out of the last 10 years.
More on How Does the Judge Decide if You are Approved for SSI or SSDI
Filed under Earnings requirements, Eligibility Issues, SSI issues by
I regularly get calls from potential clients who apply for Social Security disability, only to discover that they do not have enough credits to pursue a Title II SSDI claim. In such cases, the only other option would be to pursue a Title XVI SSI claim. However, SSI benefits are usually lower ($674 per month for an individual in 2009) and, more importantly, SSI payments are subject to offset if the claimant has a spouse who works.
More on Can Claimant With Sporadic Work History Collect on Working Spouse's Earnings Record?
Filed under Earnings requirements, Eligibility Issues, Multiple Sclerosis and disability, SSI issues by
I recently received an email question from a blog reader about the eligibility of a convicted felon for Social Security disability benefits. There is a simple answer here – you may not collect disability benefits during the time you are incarcerated. Social Security ruling 83-28 addresses this situation directly.
More on May an Incarcerated Felon Receive Social Security Disability Benefits?
Filed under Eligibility Issues, Starting the disability process by
I get a lot of questions from mothers who are caring for the children of fathers who are out of the picture. Susan's situation is a fairly common one so I will answer it here:
More on Will Child be Eligible for Dependent's Benefits When "Out of the Picture" Father is Approved
Filed under Auxiliary benefits, Lump Sum Awards by
Back in January, I answered a question from a blog reader about Social Security disability credits. That reader wondered why Social Security had advised her that she had "run out of credits."
Filed under Earnings requirements, Eligibility Issues, Internet disability resources by
