Social Security Overview October 2007

Terminology Social Security Benefits Title II Supplemental Security Benefits Title 16 SSI

Social Security Benefits Quarters of Coverage Quarter of coverage in 2008= $ = $1000 Fully insured quarters Or one quarter for each year after age 21 Currently insured: 6 quarters within a 13 quarter period ending with the quarter you: a) die or b) become entitled to disability or old age insurance benefits.

Retirement Must be Fully Insured Early Retirement Age apx. 20% reduction Born 1960 or later – 30% reduction Regular Retirement If born in 1942 – Age 65 and 10 months Maximum benefits $2116 Born 1960 or later – age 67

Dependent Benefits Children Insured entitled to old age or disability benefits or deceased Natural, adopted child, stepchild or grandchild/step grandchild (parents must be deceased or disabled at time insured became eligible for benefits or died) Under 18 or In secondary school under 19 or Disabled before age 22

Benefits for Spouses Spouses Insured entitled to old age or disability benefits Valid marriage and married at least one 1 year or child in common Age 62 or older or Caring for child of wage earner who is under age 16 or disabled Divorced Spouses may qualify

Widow(er)s Insured was fully insured Valid marriage and Marriage lasted 9 months (some exceptions) or Natural or adoptive parents of a child and age 60 or age 50 – 60 and disabled disability must have began within 7 years of the wage earner's death Unmarried or remarried after age 60 or age 50 if entitled as a disabled widow(er)

Benefits for Widowed Parents Insured was fully or currently insured at time of death Widow or widower and marriage lasted at least 9 months and Unmarried Caring for child of the insured who is under age 16 or disabled

Surviving Parents of Wage Earner Insured was fully insured and is deceased 62 years old Not married since insured person died Must have been dependent on insured for at least half of your support

Disabled Fully insured Disabled within last date of insurance quarters in a 40 quarter period and disabled within that period unless: Under age 31 when become disabled or Previously disabled under age 31 or Statutorily blind and fully insured

SSI Age - 65 Disabled Citizenship Criteria Needs Based

Appeals Process Initial Reconsideration Hearing Appeals Council Federal Court

Appeal Deadlines 60 days unless good cause shown SS presumes receipt 5 days from date of mailing 10 day rule for continuing benefits Applies for both reconsideration and hearing request Reopening 12 months of the initial decision for any reason Good Cause 2 years SSI 4 years SS

Adult Disability Definition The inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which: has lasted or can be expected to last for a continuous period of not less than 12 months or can be expected to result in death.

Adult Sequential Evaluation NO Yes No

Resources Used by SSA in Disability Determinations Listings Grid Bureau of Disability Determinations Services – BDDS Medical Experts Vocational Experts

Rules Statute 42 U.S.C. §§ 401 et seq., 1381 et seq. Regulations 20 C.F.R. §§404 et seq., 416 et seq. Rulings POMS HALLEX

Definition of Disability for Children A physical or mental condition (or a combination of conditions) that results in marked and severe functional limitations and: The condition must last or be expected to last at least 12 months or be expected to result in the child's death.

Children’s Sequential Evaluation

Functional Equivalence - Six Domains Acquiring and using information Attending and completing tasks Interacting and relating with others Moving about and manipulating objects Caring for yourself Health and physical well-being

Functional Equivalence Need one extreme limitation or Two marked limitations Can also be functional equivalent if no listing exists for condition or combination of impairments “equals” a listing

Medical Improvement All cases are given a diary date Sequential evaluation different Appeal within 10 days to preserve benefits

Drug and Alcohol Cases Basis for the disability must be independent of drug or alcohol condition Payee will be appointed Can require treatment

Amount of Benefits SSI- $623 individual $934 disabled couple Couple includes “holding yourself out as married” Paid on the first of the month Title 2 Maximum $2116 Usually at least $20 more than SSI if disabled or aged Medicare deduction – $93.50 Don’t forget IDHS programs might pay premium Payments dates vary

Reduction/Nonpayment of Benefits -SSI Income Unearned income disregard ($20) Child support disregard (1/3 of support) Earned income disregard ($85, and ½ of balance.) Inkind Income Deeming Asset limitation $2000 individual $3000 eligible couple Residents in certain public institutions ($30) Failure to comply with drug or alcohol treatment Fleeing felons

Reduction/Nonpayment of Benefits – Social Security No asset limitation Earned income Does not affect Retirement benefits if 65 or older Disability benefits Trial work period- any 9 months where you earn $640. Extended period of eligibility- 36 months, no payment if earn more than $900 Receipt of Other Title 2 benefits -reduced $ for $ Workers’ compensation Aliens who leave the country for more than 6 months Failure to comply with drug or alcohol treatment Nonpayment while serving time for a felony

SSI/SS Protected from Garnishment SS 5 Exceptions: Child Support /Alimony Unpaid Federal Taxes Elect to Have Taxes Withheld Debt Owed to Another Federal Agency (e.g. student loans) ($750 exempt, then 15% maximum) Overdue Federal Taxes (up to 15%)

FUGITIVE FELON TERMINATIONS 42 U.S.C §1382(e)(4)(A) makes an SSI claimant ineligible if fleeing to avoid prosecution for a felony Extended to SS claimants on 01/01/2005 No continuing benefits on appeal Must have “intent” to flee Some Circuits: must have a finding from the warrant issuing court on intent

Payment of Benefits Lump Sums Transitional Assistance and P3 offset- both SSI and SS disability SSI only Reduction for receipt of TANF Restricted account for children’s lump sum

Overpayments Reconsideration 60 day time limit Appeals within 30 days stays action until reconsideration issued. Appeals after 30 days stops action until reconsideration issued. Amount Recouped SSI – 10% SS- No limit, but can be negotiated

Waivers No time limit All recouped money returned if successful Must establish not at fault and Defeat the purposes of the SSI program to collect the overpayment or presumed for an individual receiving SSI Against equity and good conscience or Impede efficient or effective administration of program

Ticket to Work Voluntary program to assist Title II disability and SSI disability recipients Using a ticket will not result in a continuing disability review (“CDR”) No CDR for working after 24 months on benefits Expedited Reinstatement for Individuals whose benefits stop due to working Expanded medical coverage

Immigrant Restrictions - Qualified Immigrants Legal Permanent Residents Refugees, Asylees, Cuban/Haitian entrants, Amerasians, victims of trafficking, and those whose deportation is being withheld. Lawfully present active duty members of the U.S. Armed Forces and their spouses and dependent children. Lawfully present veterans with an honorable discharge and their spouses and dependent children.

Qualified Immigrants Who Arrived on or Before 8/22/96 Eligible for SSI Eligible for SS

Immigrants Who Arrive After 8/22/1996 SSI - Distinction between LPRs and other Qualified Immigrants SS - Qualified Immigrants Eligible

LPR’s Who Arrive After 8/22/96 Bar on SSI Only eligible if can be credited with 40 quarters (after a 5 year wait) Credits can be from worker, spouse, or parents while they were children No quarters counted after 12/31/96 if individual received “federal means tested public benefit” during the quarter Includes TANF, Medicaid, AllKids, Food Stamps

Family Law Considerations SSI: Cannot enforce child support orders Maintenance orders will reduce benefits (may want to consider a special needs trust) Risk losing medical card SS: Can enforce child support order (even when dependant child receives a SS check) Can enforce alimony order

Resources Social Security Website Includes Handbook, POMS, Rulings, HALLEX, CFR Dictionary of Occupational Titles (DOT) Diagnostic and Statistical Manual IV-TR Social Security Claims and Procedures - McCormick Medical Proof of Social Security - Hirshman Video tape library