Questions about SSI.

[bros402]

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

I am a 19 year old with multiple disabilities. I have been denied for SSI
twice (Denied initially and on the first appeal). I suffer from dysgraphia
(Which prevents me from writing by hand), Underdeveloped muscles (I have
trouble lifting things above 5 lbs or so), low muscle tone, fine and gross
motor dysfunction, epilepsy, vision problems (but not bad enough to qualify for blindness) and a few other things.

I have applied for ALJ.

I currently am attending college and receive services for the state voc rehab

Here are my questions:
1. What is this SSI back pay stuff I keep reading about on the internet and how would it apply to me if I were to get SSI? I was told by a lawyer that there is no such thing as back pay for SSI, which is why they wanted to charge a 1k retainer
2. Do you think I would be able to get SSI? These are disabilities that have persisted since birth.
3. I received SSI for one week when I was in the hospital (I was born at 25 1/2 weeks, had low birth weight). My parents do not remember ever receiving a letter from the SSA stating that my benefits were stopped, what should I do? Request for the SSA to provide me with all of my records?

 

[BL]

That is incorrect .

You can refer to SSA.GOV

You can be eligible for retroactive pay .

As far as the Attorney you talked to ,forget him/her .

Look for another one or a SSA advocate to see if they will take your case on a contingency basis .That is if they take on your case and they win they get a percentage off the top of your retroactive amount . If so make sure you sign the appropriate agreements .

Why must my back due SSI benefits be paid in installments?

Question
I have recently been approved to receive Supplemental Security Income (SSI) disability benefits, but I have been told that my back due benefits must be paid in installments. Why is this necessary?

Answer
In 2006, the President signed S. 1932, Deficit Reduction Act of 2005 which requires that past-due monthly SSI benefits that exceed three times the maximum monthly benefit (Federal benefit rate plus State supplementary payment amount, if any) payable to the individual be paid in up to three installment payments, 6 months apart. The law also limits the amount of the first two installment payments to three times the maximum monthly benefit. All remaining benefits due are to be paid in the third installment 6 months later.

The amounts of the installment payments may be increased in certain cases, such as those in which the individual has outstanding debt relating to food, clothing, or shelter, or has necessary medical needs. If you have a situation that you believe requires that your installment payment be increased, call 1-800-772-1213. People who are deaf or hard of hearing may call our toll-free TTY number, 1-800-325-0778, between 7 a.m. and 7 p.m. on Monday through Friday.

 

[bros402]

Thank you for the quick reply. I guess I will try the other lawyer suggested to me.

 

[bkzoner]

DON'T PAY ANY LAWYER... yet.

There doesn't appear to be any valid medical reason why you shouldn't be granted S.S.I. The only reason may be that your income, or the value of your assets exceed the limitations set forth by the SSA.

If you believe you could be considered a low-income citizen, DO NOT PAY ANY LAWYER until you've checked out the availability of free legal services from your state. In NJ, there is an organization called Legal Services of New Jersey that offers free legal services. Their website URL is http://www.lsnj.org/directory.htm.

One of their programs which may be of particular interest to you is the Supplemental Security Income (SSI) Project.

A partial description of the SSI Project:

"With an emphasis on winning cases at the initial application stage, the SSI Project helps individuals with physical and mental disabilities by developing their medical history, writing legal arguments, and completing the complex Social Security application and related documents in a way designed to win federal SSI benefits for disabled individuals. Assisting the SSI Project is a panel of over 50 doctors and psychologists who provide Independent Medical Evaluations for clients with incomplete medical records. The SSI Project is made up of a team of attorneys, paralegals, case coordinators, administrative staff, and social workers. In addition, local Legal Services programs provide a significant amount of advocacy at the Administrative Law Judge (ALJ) stage of the appeals process. For additional information, please call the SSI Project Hotline at 1-877-576-5774."

Source: http://www.lsnj.org/represent.htm#ssi

 

[bros402]

There doesn't appear to be any valid medical reason why you shouldn't be granted S.S.I. The only reason may be that your income, or the value of your assets exceed the limitations set forth by the SSA.

If you believe you could be considered a low-income citizen, DO NOT PAY ANY LAWYER until you've checked out the availability of free legal services from your state. In NJ, there is an organization called Legal Services of New Jersey that offers free legal services. Their website URL is Statewide Office Directory.

One of their programs which may be of particular interest to you is the Supplemental Security Income (SSI) Project.

A partial description of the SSI Project:

"With an emphasis on winning cases at the initial application stage, the SSI Project helps individuals with physical and mental disabilities by developing their medical history, writing legal arguments, and completing the complex Social Security application and related documents in a way designed to win federal SSI benefits for disabled individuals. Assisting the SSI Project is a panel of over 50 doctors and psychologists who provide Independent Medical Evaluations for clients with incomplete medical records. The SSI Project is made up of a team of attorneys, paralegals, case coordinators, administrative staff, and social workers. In addition, local Legal Services programs provide a significant amount of advocacy at the Administrative Law Judge (ALJ) stage of the appeals process. For additional information, please call the SSI Project Hotline at 1-877-576-5774."

Source: LSNJ Direct Representation Projects

I can't work any of the jobs the SSA says I would be able to work.

They said I would be able to do the following, and it is why they denied me:
205.367-030 - ELECTION CLERK (government ser.) alternate titles: poll clerk; returning officer - DOT Dictionary of Occupational Titles Job Description
734.687-018 - ASSEMBLER (button & notion) - DOT Dictionary of Occupational Titles Job Description
205.367-014 - CHARGE-ACCOUNT CLERK (clerical) alternate titles: credit-card interviewer; new-account - DOT Dictionary of Occupational Titles Job Description

I cannot do the first because I suffer from GAD and moderate social phobia
I cannot do the second because I have incredibly subpar coordination (I got a standard score of 7 on the Beery Buktenica at age 16) and I have basically no muscles in my hands.
I cannot do the third for the same reasons I cannot do the first.