How to File A Claim for Supplemental Security Income

Thinking about filing for Supplemental Security Income? Hiring an attorney will increase the chances of your claim being approved.

Supplemental Security Income (SSI) is a benefit program for low-income individuals.

Unlike Social Security Disability (SSD), which is available to people who have paid into the Secoail Security system through taxable income throughout the year, SSI is a safety net for people who have not worked long enough to claim Social Security Disability.

Today, we’re going to take a closer look but we recommend working with an experienced SSD and SSI attorney for the best results.

Let’s get started …

Supplemental Security Income (SSI) Is Based On Income & Resources

SSI benefits are not based on an individual’s prior work history. So, a claimant who did not earn enough taxable income for SSDI benefits can still apply for SSI benefits.

SSI benefits are eligible to those who are 65, disabled adults, and children who are blind or disabled. If a claimant is successful in applying for SSI benefits, monthly payments will be paid based on his or her income and resources, up to the maximum federal benefit rate. Some states also provide supplemental benefits with additional monthly amounts.

In many states, once disabled workers become SSI beneficiaries, they automatically become eligible for Medicaid.

The Social Security Administration (SSA) determines an applicant’s income by calculating his or her resources including cash and property. Applicants with fewer resources are more likely to be accepted for SSI benefits. For example:

• An individual adult must have $2,000 or less in cash or combined bank accounts; for a married couple, it’s $3,000.
• An individual’s home value is considered separately and will not be a reason to disqualify an applicant from receiving SSI.
• An individual’s automobiles with a fair market value of up to $4,500 will not be counted as part of an individual’s resources.

Disabled Children May Qualify for SSI Benefits

Benefits are available for disabled children under the age of 18, as long as the disability fits SSA definitions of disability, and the household income fits within the financial guidelines of the SSA.

Certain items are not part of the income assessment including tax returns and food stamps. And there is a monthly limit for disabled children who are receiving health care coverage for treatment in a medical facility.

For children to be considered for SSI benefits, they may not be working and earning a certain amount per month. The amount changes each year, so anyone considering SSI should check the current figure.

Another requirement is that the disabled child has a mental or physical condition (or both) that causes “marked and severe functional limitations.”

And a third requirement is that the child’s condition must have been disabling (or expected to be disabling) for 12 continuous months, or is expected to result in the child’s death

The Rejection Rate Is High

It is highly probable that an initial application for SSI benefit will be turned down. This happens in 70 percent of the cases. But this is not the end of the road. You as an SSI applicant have the right of appeal, and an attorney can help you with the appeals process.

Many claimants get discouraged after their claim is rejected and simply give up. This is not necessary. Some claimants reapply in the same way. This is not advisable. The best way to appeal is with an appeals attorney who understands what needs to be done for a successful appeal.

There is a good chance that the appeal will be successful. More than half of the applicants who pursue the disability appeal process will go on to receive SSI payments in the future.

If your application for Social Security Disability benefits is turned down, giving up is never a good idea. A mere thirty percent of applications are approved at the initial stage of the disability application process, whereas more than half of the applicants (some estimates are as high as 60 percent) who pursue the disability appeal process go on to receive Social Security Disability payments in the future.

The Benefit of Hiring An Attorney

If you are denied SSI benefits, you should seek legal counsel to help with the appeals process because this can significantly increase your chances of winning an appeal.

Many people feel they cannot afford to hire a disability attorney. But the cost is more reasonable and affordable than you may think. Social Security Disability attorneys work on a contingency basis, meaning it doesn’t have to cost you any up-front and out-of-pocket expenses.

The attorney receives a portion of the back pay you are awarded by the SSA. The attorney will get either 25 percent of your disability back payment or $6,000, whichever is less.

This makes the process affordable and provides motivation for your attorney since he or she will not get paid if you are not awarded SSI benefits.

Filing A Claim Takes Time

As for the time period, you have 60 days from the date you receive your determination letter from the SSA to appeal a rejection. So, you should contact an attorney as soon as possible to begin your appeal.

An SSI disability claim can take three months or longer to process.

And that’s after you find a lawyer.

If you need help with this process, call 818-340-4529 and let us connect you with an attorney with experience filing for Social Security benefits near you. We may be able to get you up to 30 minutes of free consultation.