Supplemental Security Income (SSI)

Living with a disability can be overwhelming, especially when limited income and resources create financial hardship. The Supplemental Security Income (SSI) program, administered by the Social Security Administration, may provide relief through monthly disability benefits and Medicaid coverage.

At the Law Firm of Nikki L. Prasad, P.C., we appreciate the critical importance of SSI benefits to our clients. We dedicate our skills and resources to relieving them of the burden and challenges of the SSI application process. The following explains the SSI program and how working with an SSI Lawyer in NY can make a difference.

What is SSI?

Supplemental Security Income (SSI) is a federal program administered by the Social Security Administration (SSA) to provide monthly payments to adults and children who are blind or disabled, as well as to individuals age 65 or older. Unlike the Social Security Disability Insurance program, SSI does not require a work history or payment of any Social Security taxes for coverage.

Instead, SSI is a needs-based program that provides monthly benefits to help those approved for benefits pay for food, shelter, clothing, and other necessities. The program requires that applicants have little or no income and limited resources. For instance, the total value of resources or assets available to claimants cannot exceed $2,000 for individuals or $3,000 for couples.

Who Can Apply?

Adults, Children, and the Elderly

Whether you meet the SSI program’s requirements depends on medical and financial factors. The following medical requirements apply :

• Adults ages 18 through 64: A person must be disabled according to the SSA definition that requires evidence of their inability to do substantial gainful work activity because of a physical or mental impairment (expected to result in death or expected to last for at least 12 continuous months).
• Children from birth to under 18: Children must have a medically determinable physical or mental impairment resulting in marked and severe functional limitations.
• Adults aged 65 and older: Older adults without disabilities may be approved for SSI benefits provided they meet the financial requirements.

The financial criteria for SSI limit resources to $2,000 for individuals and $3,000 for couples. Income limitations also apply, so a person must have little or no income.

When applying for SSI benefits for children under 18, a portion of their parents’ income and resources is considered available to the children. This is referred to as “deeming.” Income & resource limits

An SSI lawyer provides valuable assistance during the application process because not all income and resources count when the SSA reviews your claim. For example, the first $65 of earned monthly income and the first $20 of all other types of monthly income do not count toward the total. Understanding these SSA income limits and the exceptions makes representation by a disability lawyer essential.

Resource exclusions do not count the value of certain resources that a person has available to them. For instance, the value of a home and its land count as a resource. However, if the home is used by the SSI beneficiary as a primary residence, its value may be excluded, provided the use remains the same.

Examples of excluded resources, in addition to a home used as a primary residence, include:

• A motor vehicle used for personal transportation.
• Household goods.
• Personal effects, such as wedding or engagement rings.
• Life insurance policy not exceeding a $1,500 face value.
• Burial plot.
• Burial funds not exceeding $1,500.

Deeming allocates part of the resources from a spouse, parent, or a parent’s spouse to the SSI applicant. For a child under 18, $2,000 of the resources from the parent they live with is excluded. If the child lives with both parents, the excluded amount increases to $3,000.

Any resources exceeding the excluded amount are considered available to the child. Consulting an SSI attorney can help clarify resource rules and SSA income limits, ensuring you meet the program’s guidelines with confidence.

Application Process

The SSI application process begins with the preparation and submission of an application, which then undergoes an evaluation beginning at a local SSA field office. The SSA evaluation determines whether the application meets the financial criteria. If it does, the application then goes to a Disability Determination Services office.

DDS offices are state agencies that are funded by the federal government. Here, an examiner reviews the disability and medical portions of the application and requests medical records from the claimant’s healthcare providers. If an examiner believes it to be necessary, a medical examination of the applicant with the treating physician or an independent medical practitioner may be scheduled.

Upon completion of the evaluation, the DDS examiner determines whether the claimant has a disability that meets the SSA standard. The file goes back to the SSA field office, where notice of the decision is sent to the applicant.

Other steps in the application process include:

• SSI interview: Each applicant is interviewed by an SSA representative. The interview familiarizes the applicant with the SSI program. It also lets the SSA verify an applicant’s financial information and living arrangements.
• Decision: If an applicant is approved for SSI benefits, they receive a letter from the SSA that includes the amount of their benefits and the starting date of the payments. It also provides information on any back payments owed to them.
• Appeals process: If a person receives a denial letter from the SSA, they have the right to challenge the decision.

The appeals process has four levels:

• Reconsideration
• Hearing with an administrative law judge
• Appeals Court review
• Federal court review

The entire application process, including appeals, can be overwhelming without an SSI lawyer to guide applicants through it.

Common Mistakes Applicants Make

Mistakes, omissions, and inconsistent information in an application can lead to delays or denial of a claim. Common mistakes that applicants make when trying to pursue a claim for SSI on their own without legal representation include:

• Lack of medical evidence: Medical records with examinations and tests are required.
• Failing to accurately report the amount of income and resources: This may happen by not understanding income and resource rules.
• Missed deadlines and not responding to SSA requests: Failing to promptly respond to SSA requests for information could lead to a denial. Missed deadlines, such as the 60-day appeal deadline, could completely end your right to appeal.

There is too much at stake to do it on your own. Get assistance from the compassionate disability benefits team at the Law Firm of Nikki L. Prasad, P.C.

Benefits of Hiring an SSI Lawyer

Some of the advantages of representation by an experienced SSI lawyer include:

• Knowledge and familiarity with SSI: Our attorneys know the laws, regulations, and procedures from years of helping people just like you.
• Gathering of medical evidence: We know what it takes to present a strong claim, including the medical evidence needed to support it.
• Appeals process representation: We file the appeal for you to avoid missed deadlines and represent you throughout the entire process. We ensure that you’re prepared to testify with confidence at the hearing.

As the SSI lawyers at the Law Firm of Nikki L. Prasad, P.C., we take our responsibility to you seriously. We’re committed to providing you with outstanding representation because we understand the financial pressures created by disability.

Call Now to Speak to a Supplemental Security Income (SSI) Lawyer

Instead of struggling to make ends meet, let a disability lawyer at the Law Firm of Nikki L. Prasad, P.C., show you the difference SSI benefits can make. Contact us now for a free consultation.