Questions about SSDI and Hearing

[dcdsktd]

What is the name of your state (only U.S. law)? PA

My husband had a hearing yesterday with the ALJ and I have a few questions that he had not asked his lawyer yet. The judge was very mean at the beginning of the hearing and was asking him a lot of questions, as if he was trying to catch him in a lie or something, the lawyer said he had not seen the judge like that before. He gave the Vocational expert a few hypotheticals and he could not find him any jobs in 2 of the 3 hypotheticals but could in 1. Do you think because the VE found a job that my husband could possibly do that his case will be denied? At the end of the hearing he asked my husband about a warrant in a previous state that my husband did not know about, when we walked out of teh hearing the lawyer told my husband that he had to take care of the warrant or ssa wont pay him, will him having a warrant all this time affect his backpay if he wins? I have read mixed results on this. Thanks

 

[BL]

#1 ) If there is any jobs in the entire US that your husband he could possible be employed at substantial - gainful employment , he may certainly be denied .

#2 ) If he were to be incrcerated under SSI , he would not be eligable for SSI .

SSA.Gov

Why does the Social Security office keep contacting the jail for information that has already been reported?

Answer
We do not want to stop someone’s check when they are not in jail, or do not meet the requirements for SSA to stop their Social Security payments. Before we can stop someone’s check, they must be in jail throughout a full calendar month (for someone receiving Supplemental Security Income payments), or they must be both convicted and confined for more than 30 continuous days (for someone receiving retirement, survivors, or disability payments). The initial report helps us to identify those individuals who are in jail and receiving payments. The additional contact with the jail helps us to verify that SSA must stop the Social Security checks.

 

[dcdsktd]

Well he has not been in jail at all, just found out he has an outstanding warrant in another state. All the lawyer said was that he needed to take care of it because the ssa wont pay him if he has a warrant, he never said if that affected his backpay or not.

 

[BL]

I knew I seen it somewhere .

What do I need to tell Social Security?

If you have an outstanding warrant for your arrest
You must tell us if you have an outstanding arrest warrant for:

A crime that is a felony under the laws of the state in which you live; or
A crime punishable by death or imprisonment for more than one year in states that do not classify crimes as felonies.
You cannot receive disability benefits for any months in which there is an outstanding arrest warrant for a crime that is a felony (or a crime punishable by death or imprisonment for more than one year).
If you are convicted of a crime
Tell Social Security right away if you are convicted of a crime. Benefits generally are not paid for the months a person is confined for a crime, but any family members who are eligible for benefits based on that person’s work may continue to receive benefits.

Benefits are usually not paid to someone who commits a crime and is confined to an institution by court order and at public expense. This applies if the person has been found:

Not guilty by reason of insanity or similar factors (such as mental disease, mental defect or mental incompetence); or
Incompetent to stand trial.
If you violate a condition of parole or probation
You must tell us if you are violating a condition of your probation or parole imposed under federal or state law. You cannot receive disability benefits for any month in which you violate a condition of your probation or parole.

 

[dcdsktd]

Do you know if this would apply if he did not know about the warrant? The police had apparently charged him after he had moved out of state so he had no knowledge of the warrant?

My next question is, how does it work for his dependent children? Will they be entitled to backpay, or just monthly checks if he wins? If they do qualify to get backpay will the warrant affect that as well.

This was such a long process, he applied in December of 2005 and has appealed it to the judge an now to find out that he has had a warrant since the beginning of 2005 is rather disappointing.

 

[dcdsktd]

Also my husband is not guilty of this charge and I am confident that he will be found not guilty, so will that make any difference at all?

 

[BL]

His Lawyer gave him good advice .

A warrant is a warrant - The SSA Judge apparently knows what the warrant is for - he should ask his lawyer what charge the warrant is for .

And , no , if he's denied , there will be no benefits for his children .