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Had It
09-17-2009, 01:14 AM
I went through Social Security the hard way. It took time like everyone else, but I did it successfully on my own without an attorney.

When I first got granted, via the judge hearing, I got SSI as well as SSDI. Very soon, I lost the SSI because I had to tell them that I was getting supplimental payments from my now won worker's comp claim.

Eventually, worker's comp ends.

So my SSDI is very low. In fact so low that the loss of work comp will result in being below the SSI amount. I would qualify for both again.

So now I get to go in and reapply for the SSI. I have to do this because the SSDI amount is so low.

So my question:

I have not been reviewed at all yet. I am 59 years old. I was granted back in 07 so maybe I'm not in for a review. Or...maybe I am too old.

But when I go in to apply for the SSI to restart, will that result in a full blown attack (review) of some sorts? I believe I would qualify under the "means" test with no problem.

Also, I heard that when one turns 62, the SSDI will automatically convert to OASDI, or old age insurance.

Thank you in advance, as this Social Security Dependence thing is not a fun place to be. They put the fear of God into any average person.

I do have Medicare insurance. It would be nice to have the Medicaid with it because I need it too.

vision-master
09-17-2009, 09:52 AM
Also, I heard that when one turns 62, the SSDI will automatically convert to OASDI, or old age insurance.

Files are moved at age 55.

Burr
09-17-2009, 07:17 PM
vision master,
What do you mean by files are moved at age 55 ??

vision-master
09-17-2009, 07:25 PM
To old age insurance department.

knowsalittle
09-17-2009, 09:08 PM
If you are allowed at age 55 or older, no matter what the reason, you will normally be placed in a 7 year review status & may never be reviewed, or you may be reviewed right at the 7 year time.

When you again qualify/apply for SSI you may/may not trigger a review. This is primarily a formality. The chances of SSA proving you have improved enough to perform work again are very slim.

It is very possible that the disability examiner will confirm continued benefits for the SSDI and/or adopt the SSDI decision as the SSI decision.

Check with your local Medicaid office but it is doubtful that you will qualify.

Daisygirl
09-17-2009, 09:40 PM
Also, when a recipient is reviewed (CDR) at age 55 or older, he/she almost always is assigned a 7-year diary date. Which usually means they will not be reviewed again. There are exceptions, but rare.

Daisygirl.

HopeAdvocate
09-18-2009, 08:23 PM
SSI is one of the two disability programs run by the Social Security Administration. SSDI is the other. SSI is based on your income, resources, and living arrangement. From what I read in your post it looks like your SSI benefits were terminated due to worker's comp income that put you over the income limits. Now that your worker's comp benefits have stopped, you can qualify again for SSI if your SSDI benefits are low enough, which you stated they were. If your SSI has only been stopped for less than12 months, then you only have to go in to the Social Security office and show that you're no longer receiving the income that put you over the limit. Your benefits will simply be reinstated without you having to file a brand new application. If your SSI benefits have been stopped for more than 12 months, then you can file a new application and the claims representative will do what's called an "Adoption". This means that SSA will adopt the medical decision already made on the SSDI claim that you are currently receiving benefits under. You won't have to go through the whole "submitting medical records and proving that you're disabled thing again". Now, there is an exception to this. If you are currently due for a "CDR" (Continuing Disability Review)then they can't adopt the decision. SSA will send your file to the disability office for a medical review. It all depends on when you are due for this review. You might not be due one for some time. Everyone who receives Social Security Disability has to undergo these reviews. SSA does them to make sure the individual still meets the disability requirements. Some people actually experience medical improvement. When I worked for Social Security as a Claims Rep/Disability Insurance Specialist, we would do CDRs every 1, 3, 5, or 7 years, depending on a claimant's age, disability, and probability of medical improvement. So, if it's not your time for a medical review, having your SSI benefits started again because of reduced income will not trigger it.

Hopefully, this helps you. Good luck.

HopeAdvocate
09-18-2009, 08:44 PM
I forgot to address one other thing in your post. You stated that your SSDI will automatically convert to OASDI when you turn 62. This is not true. People can receive their "Retirement Benefits" at age 62. This is called "Early Retirement". This is not automatic. You have to make the decision to receive these benefits because they are reduced. You can only receive your full retirment benefits when you reach your "FRA" (full retirement age"). This age used to be 65 years for everyone. Now the full retirement age is gradually increasing. For example, I'm 38 years old. I won't reach full retirment age until I'm 67. Scary, isn't it. Anyway, if you decide to take your reduced Social Security retirement benefits at the age of 62, it remains reduced forever. That's it. There's no getting the full retirement amount once you reach your full retirment age. That's why people have to decide whether or not they want to take this benefit at age 62. In your case, it is not to your advantage to take a reduced retirement because you are already receiving full benefits under disability (SSDI). Your disability benefit is greater than a reduced retirement benefit. Now, when you reach your full retirement age, your Disability Benefit will indeed be converted to full retirement benefits. I don't know what your full retirement age is so I included SSA's chart so you can figure it out for yourself. See below.

Age to receive full Social Security benefits

Year of birth
Full retirement age

1937 or earlier
65

1938
65 and 2 months

1939
65 and 4 months

1940
65 and 6 months

1941
65 and 8 months

1942
65 and 10 months

1943-1954
66

1955
66 and 2 months

1956
66 and 4 months

1957
66 and 6 months

1958
66 and 8 months

1959
66 and 10 months

1960 and later
67

NOTE: People who were born on January 1 of any year should refer to the previous year.

Daisygirl
09-18-2009, 09:29 PM
The original poster stated he was currently age 59, which means he will be eligible for full retirement at age 66.

It should be noted that people who elect to take early retirement (anytime before their full retirement age) will still receive the annual COLA, in years in which a COLA is granted.

Daisygirl.

vision-master
09-19-2009, 10:22 AM
II. Title II/Social Security Disability Insurance Benefits (SSDI)

A. Reaching Full Retirement Age

If someone asks SSA field office employees what happens when a disability beneficiary approaches the normal Social Security retirement age, they may say that it involves the transfer of the person’s folder files from the Office of Disability of Operations (ODO) to whichever payment service center handles that person’s social security number (SSN.) This is an incomplete answer. In fact, this automatic folder transfer occurs when a disabled person turns 55, several years before retirement age. Footnote Reference 1 However, more is involved than just the folder transfer.

http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?filename=0&article=1049&context=edicollect&type=additional

fredk
09-19-2009, 12:16 PM
The date your file is moved is irrelevant to what is being asked.

You recieve disability benefits up till your full retirement age.

After that date you will convert to receiving retirement benefits.

vision-master
09-19-2009, 03:00 PM
Like we all don't know taht? :)

fredk
09-20-2009, 09:45 PM
Like we all don't know taht? :)

Had It didn't know. That was one of his questions.

Had It :Also, I heard that when one turns 62, the SSDI will automatically convert to OASDI, or old age insurance.

Instead you told him when his file was transferred. I thought maybe he would appreciate an answer to the question he asked. :)

vision-master
09-20-2009, 11:31 PM
Just keep the checks comming............

Had It
09-20-2009, 11:55 PM
Thank You all for your helpful answers.

What scares me is that when the judge found in my favor in 07 the woman who gave me the SSI said that they would automatically review me by law on the 3 year calandar. That since I was receiving SSI it must be reviewed every three years.

So after that I got worker's comp. They stopped my SSI but continued my SSDI. My SSDI amount is very low on its own. That is why I had the SSI too.

It has now been about 3 years since then. The SSI stopped more than a year ago. In fact the SSI stopped nearly 3 years ago but the SSDI continued.

So then...when I go in and reapply for the SSI are they going to require all my medicals again and then send to the state disability office who always denies?

I am 59 years old now.

I guess I'll have to face this? Sorry I haven't been back to write. I am having problems logging in.

echoes long ago
09-21-2009, 03:30 PM
In the same vein would having a child apply for ssdi based on your record also trigger a review?

Pookie
09-21-2009, 08:54 PM
In the same vein would having a child apply for ssdi based on your record also trigger a review?
Why would your child applying for SSDI have anything to do with you? How old is your "child?" Adults can apply for both SSDI & SSI. Children (child) can collect SSI. Your child applying for SSDI or SSI?



SSDI - Social Security Disability Insurance pays benefits to you and certain members of your family if you are "insured," meaning that you worked long enough and paid Social Security taxes.

SSI - Supplemental Security Income pays benefits based on financial need.
http://www.ssa.gov/disability/

echoes long ago
09-21-2009, 09:11 PM
ssdi based on my record since he is over 18 but less than 22.

Pookie
09-22-2009, 12:29 PM
SS would consider your son an adult if he is over the age of 18. Your records would not apply as he is no longer a "child."

If your son accumulated enough work history credits he may qualify for SSDI. Your records would not apply.
If not enough credits, then he may qualify for SSI only. If your son is living with you, then your records will apply.

You & your son need to go to the SSD website & read up on the work credit rules to see if your son qualifies. http://www.socialsecurity.gov/pubs/10072.html

Consult w/an attorney who handles only SS cases. The initial consultation is free.

echoes long ago
09-22-2009, 12:44 PM
Actually Pookie that is incorrect, this is from the SS website Question # 156

There are two Social Security disability programs that include disabled children.

Under the Supplemental Security Income (SSI) program, a child from birth to age 18 may receive monthly payments based on disability or blindness if:

He or she has an impairment or combination of impairments that meets the definition of disability for children and
the income and resources of the parents and the child are within the allowed limits.


Under the Social Security Disability Insurance (SSDI) program, an adult child (a person age 18 or older) may receive monthly benefits based on disability or blindness if:

He or she has an impairment or combination of impairments that meets the definition of disability for adults; and
the disability began before age 22; and
the adult child's parent worked long enough to be insured under Social Security and is receiving retirement or disability benefits or is deceased.
Under both of these programs, the child must not be doing any "substantial" work, and must have a medical condition that has lasted or is expected either to last for at least 12 months or to result in death.


So in fact he can apply on my record, my question was wether anyone knew if this would trigger a review for me like it would for the SSI question above.

Had It
09-22-2009, 01:50 PM
I think when it all boils down, it comes to who you get, and the reg that may apply.

I clearly remember my SS trial before the ALJ.

The doctor who attended the hearing said in no way was I disabed. He ran all over me. He had it down to the tee. He kept referring to exhibt such and such which said this or that.

The vog rehab expert said I could work all the jobs in the past.

It was the judge who framed a hypothical. Had it not been for his question, I would have went nowhere.

So I remember what their paid experts had to say. This is what scares me.

The person who initially set up my SSI made a statement that, "I have that too and I work." Which really is none of her business. She does not know the extent of my injury. Its like saying all injuries are the same.

The SSI worker seemed to have a chip on her shoulder and did not like giving out the government's money. I say even though, I paid one year three thousand in taxes besides that which they witheld. Another year I paid five thousand in taxes besides that which they witheld.

Their little measley check of about $200.00 per month SSI is really the cat's pajamas. It is just that I really need the Medicade which I did have. The two go together in my state. I realize it will not be easy to survive on their amount. But I, like so many others, here have no choice.

So I fear that they will over $200.00 go back and want to evaluate all the medicals. And...you know what the state office of disability always says. I think or fear that they will use that as an excuse to stop it all. Either way, I have no choice but to sit back in fear to the time the day comes.

This is looking at a two edge sword. You don't know which way it will cut. I've been on their hard to navagite "gereral" information web site too.

I'll have to go in and find out unless anyone knows if my case will be "adopted" in at this stage. The SS website seemed to look like age 60 might be safe. I will be there in about 10 months.

Pookie
09-22-2009, 06:00 PM
Actually Pookie that is incorrect, this is from the SS website Question # 156

There are two Social Security disability programs that include disabled children.

Under the Supplemental Security Income (SSI) program, a child from birth to age 18 may receive monthly payments based on disability or blindness if:

He or she has an impairment or combination of impairments that meets the definition of disability for children and
the income and resources of the parents and the child are within the allowed limits.


Under the Social Security Disability Insurance (SSDI) program, an adult child (a person age 18 or older) may receive monthly benefits based on disability or blindness if:

He or she has an impairment or combination of impairments that meets the definition of disability for adults; and
the disability began before age 22; and
the adult child's parent worked long enough to be insured under Social Security and is receiving retirement or disability benefits or is deceased.
Under both of these programs, the child must not be doing any "substantial" work, and must have a medical condition that has lasted or is expected either to last for at least 12 months or to result in death.


So in fact he can apply on my record, my question was wether anyone knew if this would trigger a review for me like it would for the SSI question above.
Thanks for the info.

Since you cannot find the answers on the SSD site, I believe your best bet would be for you to call your local SS office/representative to find out the rules in your state regarding "reviews" in your situation.

peaches
09-22-2009, 08:02 PM
File an SSI claim. This month. Call 1-800-772-1213 and get an appointment. If you have low income and need money, you should not delay because you could lose months of SSI payment by delaying.

This thread is full of your speculations and answers to obscure questions and seemingly off-topic answers.

No reason to not file. If SSA is going to coduct a CDR, it will be done whether or not you file an SSI claim. If your condition has been either established as MIP, Medical Improvement Possible or no CDR criteria has been established, a review will be scheduled for three years. Whether or not you file for SSI. Now, will SSA send you a short form and defer the full review or a long form and do a full review? Will this review start in exactly three years? No one here can answer it.

But, if you are disabled and have low income, FILE A CLAIM FOR SSI. THIS MONTH. Bring evidence of your assets, other income sources and living arrangements.

File a claim. You will then have answers, not speculation.

File a claim. I could say it again, but I think I have made my point.

Had It
09-22-2009, 11:58 PM
I have been waiting for you to chime in to this string. Yes fear manifests speculation. And...I have given thought to this: unless you file you will not know.

I will file a claim for SSI as soon as they stop paying me PD on my worker's comp. That will be coming soon.

How do I prove they are not sending me money anymore? Last time the insurance co did not respond to SSA requests. Usually with work comp, I hear nothing, just the checks stop coming.

I think what will happen is they pay out a small portion until a settlement of some kind whether with future medical etc. Then after they stop, with the courts approval of a settlement, they start again.

In the meantime, since I believe its going to trial, it may take a year without any of their (worker's comp) funds.

goddessoflubbock
09-28-2009, 03:11 AM
Once your payments from WC stop, you should receive a letter stating the reason why (benefits are exhausted, claimant has reached maximum medical improvement, etc) which you can take to the SSA office.

Then, if your household passes the means test, you will begin getting SSI.

Good luck.

Had It
10-03-2009, 01:32 AM
So then are you saying that once granted SSDI, I am thus elgible for SSI should I qualify via the means test without a full "new application."

I fear having to go through the entire process again as if it were a brand new claim. I guess that is what I have been asking all along.

To apply for SSI again, now that the judge has found me disabled, I do not need to open a new case?

The woman who set up my SSI back when they gave it to me, seemed to say, that if I came back after a year, which I would now, it would be treated as a new claim.

So if it is mearly a means test, I would have nothing to sweat with the exception of a CDR?

Would this spring a CDR? She also said by law, for those on SSI, they would do one (CDR) every 3 years. I will be 3 years granted in March.

peaches
10-04-2009, 01:21 PM
You may have to file a "new application" for an SSI claim if there has been 12 months of SSI ineligibility. The date of that application and the retroactivity of payment is no earlier than the month after the date you first contact SSI with the intent to file, and as long as you file the claim within 60 days. Not sure why anyone hurting for money would choose to wait, but they do sometimes. All the original non-medical questions must be answered and all documents must be submitted. This included proof of all sources of income, current and recent bank statements and other proof of value of countable assets (not a home that you live in, one vehicle), information about who you live with and how much your basic shelter expenses are and who pays them, and a few other assorted questions.

However, unless a CDR has already been started, the new SSI claim can "adopt" the SSDI decision that you are disabled. And that is a big hurdle that you have already passed. One of the distinctions between new claim and reinstatement of an old claim is the retroactivity of payment. But, if you have had excess income for over 12 months, there would be no SSI to pay those months anyway.

It can be difficult but not impossible for you to provide proof that your W/C has stopped without a specific letter. If you have kept good records and your allegations are reasonable and make sense to the SSI claims rep, the proof can be supplied withing 30 days of filing your claim. But some proof is required. And SSI claims reps can help, the burden of proof is on your shoulders.

Once you begin receiving SSI, it becomes your responsiblity to report any changes in income, resources or living arrangements that may happen in the future since that can also change your SSI payment.

By the way, is your SSDI currently being offset by worker's comp? That should be in your award notice. If you have worker's comp offset, your SSDI may increase when your worker's comp stops. Again, SSA needs ALL YOUR WORKER'S COMP NOTICES and sometimes they need the ones you already supplied.

Had It
10-04-2009, 11:15 PM
My SSDI amount is so low that there was no need to do an offset. I claimed the worker's comp monies and that is what they told me. Maybe because my last job was more steady? I'm not sure.

That is the reason that they had me on SSI together with the SSDI. At least that is how I remember it.

Maybe that is why my SSDI amount is so low they may have lowered it. But as I remember it, the SSDI amount remained the same.

It was the SSI that made up the difference. I think they were giving me about $231.00 per month SSI. The SSDI is more than that, but doesn't make much money standing alone.

So when I claimed the new income amount when it came in, they stopped the SSI and left the SSDI alone. At least that is what I believe happened. I did claim all monies to them.