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Overview
Supplemental Security Income (SSI) provides monthly checks to
individuals who are disabled, blind, or 65 and older and who have never been employed or
were not employed long enough to qualify for regular Social Security benefits. SSI
benefits are only available to those who do not have a substantial income or significant
resources, although a recipient may own their own home if they reside there.
The SSI asset limit is $2,000 for an individual and $3,000 for a
couple, but some assets are not counted. SSI monthly benefits for 2008 are $637 for
a single person and $956 for a couple.
Those receiving SSI benefits are also eligible for Food Stamps and
Energy Assistance. They may also be eligible for Medicaid (medical assistance) and
additional income from the State Supplement Program. Please note that in Connecticut
one does not automatically qualify for Medicaid if eligible for
SSI. One can apply for SSI at a local Social Security Administration Office.
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SSI
Disability Benefits
When can I receive SSI disability
insurance benefits?
If you have a disability that prevents you from working for at
least one year or is expected to result in death and you are under age 65, you may be
eligible for SSI disability benefits. To be considered disabled by Social Security, your
impairments must interfere with your ability to work on a regular and continuing basis.
If you cannot do the work you have done in the past, Social Security will consider
whether you could perform other work, taking into account your age, education, past work
experience, and any work skills.
What do I do if my application for
SSI disability benefits is denied?
Social Security provides an appeals process to appeal
unfavorable determinations and decisions.
How long do SSI disability
benefits continue?
Your benefits will continue as long as you are disabled.
However, your case may be reviewed to determine if you are still disabled. If medical
improvement of your condition is possible, your case may be reviewed periodically.
However, if you
have enough credits of coverage from your work history to receive Social Security
retirement benefits, you must apply for early retirement benefits at age 62.
If your monthly early retirement benefit amount is less than the SSI monthly amount, then
you will continue to receive enough SSI benefits to exceed that monthly SSI amount by $20.
Finally, when you turn 65, you will receive SSI benefits based on
your age and will no longer be subject to a disability determination.
Does the SSI program allow for a
Special Needs Trust (SNT)?
Yes, the specifics can be found at 42 U.S.C. sec.
1382b(e)(5).
Is there a transfer
of assets provision in the SSI program?
In order to qualify and remain eligible for SSI
benefits, you cannot transfer assets for the purpose of SSI eligibility. The Social
Security Administration may look back over the past 36 months prior to an application for
such gifts. If a gift is found within this look back period, a penalty period of
ineligibility is calculated based on the amount of the gift. Thus, the look-back
period is 36 months, as is the penalty cap.
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Appeals
If I disagree with a decision by
Social Security, can I appeal?
Most Social Security decisions can be appealed and many
appeals are successful. There are four levels to the appeal process. As of
August 1, 2006, the appeal process is as follows: (1) review by a Federal Reviewing
Official, (2) hearing before an administrative law judge (ALJ), (3) review by the
Disability Review Board, and (4) federal court review.
(For claims filed prior to August 1, 2006, the appeal process
begins with a request for reconsideration and then, if necessary, proceeds to an ALJ
hearing.)
A Federal Reviewing Official reviews the initial unfavorable
decision, adds any available medical records to the file, and issues a decision. If
you disagree with the Federal Reviewing Official's decision, you may ask for a hearing.
The hearing will be conducted by an ALJ who had no part in the first two
decisions. You may be represented by an attorney at the hearing and have witnesses
testify in support of your claim.
If you disagree with the ALJ's decision, you may request review by
the Social Security's Disability Review Board. (For a claim filed prior to August 1,
2006, a request for review is made to the Appeals Council, and if denied, an appeal can be
made to federal district court.) There is no hearing at this stage of the
process. If you disagree with the Disability Review Board's decision or it denies
your request for review, you may file a lawsuit in federal district court.
Legal services attorneys may be able to represent you in SSI
appeals. Please know that there are very important filing deadlines that must be
followed in the above levels of review.
In general, appeals must be taken within 60 days of the
unfavorable determination or decision.
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