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Social Security Benefits – FAQ

Depleted state budgets and federal financial aid programs are leaving most indigent state residents in financial turmoil. Financial aid, whether from federal or state budgets, are woefully inadequate and are leaving most indigent people without ready access to badly needed social security benefits, including supplemental benefits earmarked for the most needy among us. In the meantime, the Congressional Budget office projected the Social Security Program is likely to have a $10 billion dollar deficit in 2010 and lose another $9 Billion dollars in 2011.

Dwindling state financial conditions are now threatening social security reserves and most state residents are more then just a little concerned about the loss. Nothing can feel as stressful or as damaging to ones wellbeing then going through serious financial and legal trouble. Add to the mix, the frustration of having to figure out whether you qualify for social security benefits and you might begin to feel like your life is spiraling out of control.

What Is Supplemental Social Security (SSI)?

The SSI program, which is run by the Social Security Administration and which has local, regional and state offices to serve qualified state residents, was established to assist the aged, blind, and disabled, who have little or no income and provides cash to meet basic needs for food, clothing and shelter. Each program is state driven, which means that the amount of benefits one is able to qualify for depends in part on the state in which one resides. In addition, an applicant seeking to obtain supplemental social security must meet the following federal based criteria:

The major requirements include being blind, disabled, or at least 65 years of age. The applicant must either be a citizen of the United States, or meet stringent requirements based on state and federal residency requirements and/or military service.

What Is The Income Requirement For Supplemental Social Security?

In order to qualify for supplemental social security benefits, first and foremost the monthly income of the applicant must be significantly below state and national averages. In this regard, only about 50% of your actual take-home income will be taken into account in making the calculations and cannot be higher than an amount set by the state in which you live. The typical range is between $650-to-$700 per month. However, many states permit their residents with lower incomes to receive additional state cash benefits.

What About Real And Personal Property?

For a couple, the real or personal property you own must be worth less than $2,000, or $3,000. Should you be approved, based on 2010 levels, ones SSI benefits should include cash payments at a minimum of $674 per month for an individual or $1,011 per month for a couple. The state may also supplement this amount with an additional payment called the State Supplementary Payment. The federal amount is adjusted in January of each year, depending on the U.S. cost of living. In most cases you will likely be eligible for both Medicaid and food stamps in addition to the other benefits you are qualified to receive under the states guidelines.

What About Denial Of Social Security Benefits?

Should your application for benefits be denied, you will likely be eligible to appeal the determination. In fact, as much as 20% or more SSI appeals are actually reversed on appeal.

Mistakes are often made and you should not be reluctant to appeal if you have a rational basis to believe you have been wrongfully denied benefits. In most cases, you must submit your Social Security benefits appeal within 60 days after you receive written notice of the decision.

To appeal your denial you must complete Form SSA-561-U2, which is the request for reconsideration of their decision. If you have been receiving disability benefits and you seek to appeal a decision to end your disability benefits, you must use a different form. Specifically you will need to complete Form SSA-789-U4 and Form SSA-3441-BK.

Are There Different Levels Of Appeal For Social Security Benefits?

Yes. There are four separate levels of appeal and each have their own specific requirements and time deadlines. The first appeal is called an appeal for reconsideration. This was briefly referred to above.

The second level is a formal hearing in front of an administrative law judge. This level can be very significant because it is an independent and non-partial review that is made by a judicial or administrative official who sits outside the formal realm of the Social Security Administration.

The third level of appeal is directly to the Social Security National Appeals Council located in Washington, D.C. and it is strongly advised that one retain an experienced administrative law attorney to represent you. The fourth and final appeal is to file a federal lawsuit in the United States District Court. Again, you will want to retain a federal lawyer with experience in social security appeals to assist you in the legal action. For additional information on the appeal and social security application process write or call:

Social Security Administration
Office of Public Inquiries
Windsor Park Building
6401 Security Blvd.
Baltimore, MD 21235
1-800-325-0778