Sunday, September 04, 2011

Earning too much for SSI Eligibility?

Someone recently submitted the following comment. Here is the comment and the response below.

"I have been having problems since 2003 and would appreciate any help. I've been disabled since 99. I filed in 2003 for ssi and disability have been denied
and refiled. Made it to a hearing with an ALJ. Had an instant denial. Case was sent to review. Found to be an unfair hearing and waited for years for the next hearing. Next hearing came. June 2011 I was notified for full approval by the ALJ. Got info from SSI and SSID in mail stating retro amounts. 24hrs later SSI sends another letter showing retro has changed from 60,000 to 0.00. I am married. My wife works. We have 2 children. She has a gross income of 1200. Her income is biweekly. They have sent me paperwork showing my wife's wages claiming she is going to make more than 3000.00 next month. They are giving us the runaround about where they got the numbers. So we took every pay stub since 2003 to SSI as they requested. However another excuse was they didn't have time to make copies and would need to send em back within 24hrs. Oh and now 4 weeks later still no pay stubs. They are also claiming the only person able to work on my case was "teaching
classes" and will be unable to update my case for 5 weeks. That was over 4 weeks ago. Of course I continue checking in weekly and yesterday they tell me this person won't bein until October or November... Oh and i did have an attorney. But they payed him off in FULL $6000 within 24 hours of me getting my approval letter. So he refuses to help. Any tips or Help would be GREAT! Thank in Advance!"

While I do not know the exact facts of this situation or what is going on your local Social Security office, I would hazard to guess that your spouse was earning too much for SSI eligibility. That is not unusual since SSI is a need based program and for a family of four it might very well be that 3000.00 gross per month would preclude you from receiving any SSI back pay.

However, that would not prevent you from receiving your Social Security back payment. I would assume you have a substantial Social Security back payment amount if your attorney fee was the full $6000.00.

When an individual is eligible for both Social Security disability and Supplemental Security Income disability, the Social Security office has to perform a manual computation known as the windfall offset before paying any SSI or Social Security back payment. Since this is a manual computation that must be done in your Social Security office, it may well be your wife’s pay stubs are sitting on the desk of the person they are referencing.

Social Security offices try to work windfall offsets as quickly as possible, however many offices are incredibly backlogged with work. I would suggest that you call and ask to speak to a manager, if you do not get results from the your local office, you should call your Social Security area director’s office. Generally, that will get the your disability back payment issue taken care of quickly.

Lastly, the amount your receive in SSI back pay benefits will be deducted from your Social Security disability back payment amount. Remember, SSI is a need based program, so monies have to be recouped and put back into the program.

Return to the Social Security Disability SSI Benefits Blog

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