A federal circuit court of appeals has awarded a widow 30 years worth of past due benefits on her late husband’s claim. The case involved the claim of Dr. Richard Frusher, a Rhode Island resident who applied for benefits based on mental illness in 1975. Social Security denied his claim in 1975 and again in [...]
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. Recently I received the following question: i have a 15 yr old son. my [...]
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? Your onset date (called your Alleged Onset Date or AOD by Social Security) represents that date that you allege [...]
Filed under Administrative Law Judges, Disability hearings, Disability Lawyers, 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, [...]
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 [...]
Filed under Auxiliary benefits, Eligibility Issues, LTD issues by
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. i got an amended date signed by the [...]
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 [...]
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 [...]
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. Assuming that Social Security will accept [...]
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: My 11 year old daughter’s father has just been approved for disability. I’m not sure if it is SSI or [...]
Filed under Auxiliary benefits, Lump Sum Awards by
