The Check Box that Delays Social Security Disability Payments by Years

2 years ago
73

There is a check box on your SS disability application that offers you the option of ALSO filing for SSI benefits at the same time.

Simply put, you have to choice to do both. And from experience, I know that a lot of people think, "Well, why not check this box just in case I do qualify? What can it hurt?"

When I am processing applications on behalf of my clients, I RARELY check this box choosing the SSI option. Here's why...

As I discuss in this video, SSI is a means tested program that only applies to VERY LOW income disability applicants. Social Security has created what they call "deeming rules" which reduce or eliminate your eligibility for SSI if you receive financial support from a spouse (household income), friends or relatives, or if you have more than $2,000 worth of assets (not counting your house or car). Your SS disability benefit would also offset your SSI payment.

So, you can see, the government doesn't grant these SSI benefits to very many people because the threshold to qualify is so low.

The deeming rules are very confusing and the income and asset limits are VERY LOW, and have not been updated for years. Thus, unless you live WELL below the poverty line, there is a good chance that you will NOT qualify for SSI.

In other words, VERY FEW people are so destitute that they qualify for SSI.

If my client and I agree that his/her eligibility for SSI is extremely unlikely,
I will NOT check the box because of the unnecessary and additional complications that often arise from choosing this option.

SSI claims processing is handled by a different office that SSDI claims processing. If you are approved, the SSI office will need to conduct an "income and resource" interview to evaluate non-medical eligibility.

At best, this will DELAY your receipt of payment by several weeks, but I have also seen the income and resource analysis tie up SSDI payments for months or years. YEARS!

Obviously, I advise my clients about the SSI option based on their unique circumstances (as some do qualify), but I wanted to point out that the simple act of checking the SSI application box can create unintended consequences months or years later.

As you can see, it's very easy to make costly mistakes by not having a seasoned lawyer to help you avoid these pitfalls, which is why I recommend you always apply for disability using an attorney.
Even if it's not me!

And remember, I charge no fee unless you win, so you risk nothing by reaching out.

If you have reached the point where you no longer have the capacity to work full time and want to discuss the Social Security disability option,
I'd be happy to help.

P.S. - Social Security hearings are held by phone or video, so I represent clients in all 50 states. If I can assist you please let me know. Complete the FREE case evaluation by clicking the link below.

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