Social Security

Go to http://www.ssa.gov, the Social Security Administration website, for an excellent explanation. SSI stands for the Supplemental Security Income program run by the federal government. SSI provides a monthly check for aged, blind, or disabled persons who are needy, and who can't work. SSI pays a low income individual $771 per month or a couple $1,157 per month (as of 2019). You must have little money or property (up to $2,000 for a single person and $3,000 for a couple) along with being aged, blind, or disabled. Your house doesn’t count.

Social Security disability benefits are available for disabled workers who have paid in enough money to the Social Security fund over enough quarters to have insured status. SSI has no work history requirement. Some people who have a small amount of social security disability coverage will also be able to get a check for SSI.

The test for disability is the same for Social Security and SSI. Basically you must have a medical or mental health problem which keeps you from working full-time for at least a year. The Department of Health and Human Services, which runs the Social Security Administration, has rules and regulations which they use to define disability. When you apply for disability, Social Security checks to see if you are working. People who work and earn over a certain amount per month ($1,220 for 2019) are considered to be able to do "substantial gainful activity" (SGA) and they are denied disability. Social Security will look at the medical condition to see if it is "severe." A severe condition must be expected to result in death or last a year before they consider you disabled. There are 14 types of super severe conditions recognized by the Social Security Administration. If your condition matches any of the ones described in these 14 categories, you will qualify for benefits. If you have a severe impairment that does not match any of the 14 types of conditions, then the Social Security Administration will look at your age, education, and work experience to see if there is other work that you can do.

Any citizen or legal permanent resident can apply for SSI benefits at a local Social Security District Office. Call the following toll free number if you don't have a district office in your area and a service representative will assist you with the application. 1-800-772-1213.

A claims representative will assist you in filling out the application. You don't need to personally fill the entire form out. A friend or relative can help you, but you must sign it unless you are mentally or physically unable to sign your name. The application form asks information such as: 

• when you last worked;
• the nature of your condition;
• what doctors and hospitals treated you;
• medications you are taking;
• information about income and resources. 

The application form is sent to the Disability Determinations Service in Boise, who recommend disability decisions for the Social Security Administration.

You are eligible for Medicaid if you qualify for SSI, but you must file a separate application. An application for Social Security or SSI is not an application for Medicaid. Medicaid is a government run medical insurance program that pays for medical care. You should apply for Medicaid at your local Idaho Department of Health and Welfare Office at the same time as you apply for SSI.

The Suffolk Lit Lab has developed a form to help people on SSI or SSDI create a letter to report changes to Social Security that might affect their benefits and to avoid any possible overpayments. For more information, visit their website here: https://apps.suffolklitlab.org/run/ssareportchangesletter/#/1

Most SSI disability applications are denied at first. If your application is denied you have 60 days to appeal. Forms are available at the local Social Security office for appealing. Social Security has informal hearings at the reconsideration level in some cases. If you are turned down at reconsideration, you can ask for a hearing in front of an administrative law judge (ALJ). The ALJs travel to Idaho on a monthly basis to hear cases. They will listen to your testimony and your witnesses and review the evidence in your file. It usually takes six weeks to three months for them to issue a written decision. If they turn you down you may appeal to the Appeals Council in Washington D.C. and then to federal court.

If you are denied disability benefits and feel that you are disabled, you should see an attorney. Idaho Legal Aid Services, Inc. represents hundreds of claimants for SSI disability. Your chances of winning an SSI appeal are much better if you have an attorney. 

Here are 10 good reasons for getting an attorney: 

1. Your attorney knows the laws and regulations involved.
2. Your attorney will help you get all the medical and other evidence that you need.
3. Your attorney will contact your doctors and explain the requirements of the Social Security regulations.
4. Your attorney will review the file Social Security has put together on your case and make sure it is complete.
5. Your attorney will assist you with the special rules that apply to termination cases and overpayment cases and income or resource denials.
6. Your attorney can seek a waiver of a time limit or seek to reopen a prior claim.
7. Your attorney will prepare you to testify at your hearing.
8. Your attorney can subpoena witnesses for your hearing and cross-examine experts that Social Security hires.
9. Your attorney will argue for you at your hearing.
10. Your attorney will review your hearing decision if you lose and help you appeal if it is necessary. 

For SSI and Social Security Disability claims, contact the nearest Idaho Legal Aid Services office, or the National Organization of Social Security Claimant's Representatives at 1-800-431-2804, or the Idaho State Bar at 208-334-4500 to receive a referral.

This page is for information only. If you have questions about your disability claim, please contact an attorney.

Persons who want to apply for Supplemental Security Income (SSI) can use an online tool that was just released by the Social Security Administration. Applicants and individuals assisting applicants can use this tool to request an appointment to apply for SSI benefits. The request establishes a protective filing date that will be used as the application date, so long as the individual submits an SSI application within 60 days. Establishing a protective filing date is important because the protective filing date is used to determine when an individual can start receiving SSI benefits. 

An individual only needs to provide basic information to make the online request. After the individual submits the request, the Social Security Administration will schedule an appointment to apply for benefits by phone and send notification of the appointment within 7-14 business days.

 An individual can also indicate a "priority life circumstance," such as homelessness, a terminal illness, or recent release from incarceration, that will prompt an SSA employee to attempt to contact the applicant by phone within three business days, to apply for SSI at that time, or schedule an appointment to apply. 

Click below to use this new tool developed by the Social Security Administration: 
Social Security Administration's Online SSI Application Tool

Social Security income is a lifeline for most seniors. Because it is considered so essential for survival, it has traditionally been protected from attachment by creditors. However, there are some exceptions. Please review the guide below for more information.

To qualify for Social Security, you must have worked in a job where you or your employer paid the Social Security tax. Certain relatives also may qualify for benefits on your account. You must have worked a certain amount of time to earn quarters of coverage, or credits. When you earn enough credits, you become eligible for benefits. The amount of benefits you will receive each month depends upon the amount of your average yearly earnings.

You must meet the following requirements to be eligible for retirement benefits:

• You are 62 or older
• You have enough credits
• You are retired or are employed and have limited earnings

Your spouse and unmarried children may also receive benefits when you do based on your earnings if one of the following applies:

• Your spouse is 62 or older
• Your non-working spouse is younger than 62 and is caring for your child who is younger than 16 or disabled

Your non-working divorced spouse also may receive benefits if one of the following applies:

• They are 62 or older
• They are younger than 62, has not remarries, and is caring for your child who is younger than 16; and you were married to each other for at least 10 years.

Your check will be permanently reduced to 5/9 of 1% for every month that you receive Early Retirement benefits before turning 65 years old. Your Social Security will not be reduced if your benefits are disability benefits.

If you are younger than 65 and not receiving disability, your earnings may reduce the amount of your Early Retirement Social Security benefits that you receive. Your benefits will not be affected, however, if you are older than 65. If you are earning money in the same year as when you turned 65, but have not yet turned 65, your Social Security income will be reduced by one dollar for every three dollars of gross monthly earnings above $2560; otherwise, prior to your 65th birth date your Early Retirement will be reduced by one dollar for every two dollars of monthly gross earnings above $960.

Disability means diagnosed health problem(s) that stops you from performing substantial gainful employment. If you have enough credits and become disabled before age 65, you may be eligible for disability benefits. Certain relatives may also be eligible with you. You may qualify for disability benefits if: 

• You cannot do any substantial kind of work because of diagnosed health problems, considering your age, education, and work experience
• The health problems either will result in death or is expected to or have lasted for 12 or more months
• You worked under Social Security and earned 20 credits (one credit for each quarter you worked) in the ten years immediately before you became disabled. 

If you qualify for disability payments, your children, spouse, and former spouse also may qualify for payments. After you have received disability benefits for 24 months, you will be eligible for Medicare federal health insurance. Disability benefits can begin one year prior to your application. Disability benefits cannot begin until five full calendar months have passed since the month in which you first became disabled.

If you are insured at the time of your death, a family member may receive benefits if he or she is: 

• A widow(er) age 60 or older
• A widow(er) at least 50 who becomes disabled within seven years of your death; or within seven years from the time she or he received benefits on your work record
• A surviving divorced spouse who meets either requirement #1 or #2 and was married to you at least 10 years
• An unmarried dependent child younger than 18 or an unmarried child who has been continuously disabled since prior to age 22. 

A surviving widow(er) or dependent children can receive a lump sum death benefit of $255 in addition to monthly survivor benefits.

If Social Security denies, reduces, or ends your benefits you may appeal the decision. Generally, you have 65 days from the date on the notice to appeal. If you are already receiving benefits, you can ask for continued benefits until you receive a face to face hearing. However, to do so, you must ask within 15 days of the date on the notice for continuation of the benefits. If you lose, you may have to pay the money back. Do not get discouraged if you are denied. Mistakes are made.

Under some pension plans, Social Security and pension benefits are integrated, which means that the amount of the pension can be reduced by all or part of your Social Security check. Since 1988, plans are required to leave at least half of your pension in the plan.