Today we received a question via our website pertaining to Social Security Disability. Attorney Eric Brown took the time to answer the question asked.
“Why is the Social Security Administration changing my son’s status and linking it to my status?”
My son is very disabled. He has received SSI for many years and his medications run well over $1000.00 a month. My son lives at home and I am his Representative Payee. The social security people have recently decided that I am disabled. Now they are making me apply for my son for disability benefits based on my disability. No one will tell me why. If they decide that he is not eligible, what will happen? Will we be on the hook for medications we cannot afford? Do they allow only one disabled person per household? I just need to know why they are doing this.
Attorney Eric Brown:
An adult’s eligibility for benefits under the Supplemental Security Income (SSI) is not only dependent upon their inability to work but also their resources. You will need to definitely consult a local attorney in your area to explain more but the basic idea is that if your resources are too great, you are not eligible even though you are disabled. My guess is that the troubles you are dealing with have something to do with that. If your son was a minor and recently attained the age of majority, that might explain a re-evaluation as well. Consult with someone so they can help you get to the bottom of it.
The Social Security Administration’s (SSA) website, www.ssa.gov, states the following concerning reviewing a person’s disability.
If you receive Social Security disability or Supplemental Security Income (SSI) benefits, we’ll review your medical condition from time to time to make sure you continue to have a qualifying disability. Generally, if your health hasn’t improved, or if your disability still keeps you from working, you’ll continue to receive your benefits. Our review process gives you the opportunity to show that you still have a qualifying disability and ensures that your benefits aren’t stopped incorrectly. We’ll completely evaluate all evidence about your condition. If you have more than one disabling condition, we’ll consider the combined effect of all your impairments on your ability to work. Below are some of the most frequently asked questions about Social Security disability reviews.
How often will my medical condition be reviewed?
The frequency of reviews depends on the nature and severity of your medical condition and whether it’s expected to improve.
If improvement is expected, your first review generally will be six to 18 months after the date you became disabled;
If improvement is possible, but can’t be predicted, we’ll review your case about every three years; an
If improvement is not expected, we’ll review your case every seven years.
How will I be notified of a review?
When we decide a full medical review is needed, we’ll send you a letter asking you to come to the Social Security office.
What happens during a review?
At the review, we’ll ask how your medical condition affects you and whether it’s improved. We’ll ask you to bring your doctors’ names, addresses, and phone numbers and to bring patient record numbers for any hospitals and other medical sources that have treated you since we last contacted you. If you’ve worked since you applied for disability benefits, or since your last review, we also need information about the dates you worked, the pay you received, and the kind of work you did.
Who’ll make the disability decision?
We will send your case to the Disability Determination Services in your state. That agency makes disability decisions for Social Security. An experienced disability examiner will request medical reports from your doctors and from other places you go for treatment. The examiner and a medical consultant, who work together as a team, will carefully review all the information received for your case, and then make a decision.
How will they make the decision?
In most cases, the decision will be based on the information from your doctors, hospitals, or other medical sources. But, if the medical evidence is not complete or current, you may be asked to have a special examination at no cost to you. You’ll be notified in writing of the date, time, and place.
Eric B. Brown is an attorney who grew up in a small town in rural New Mexico. He attended Brigham Young University in Provo, Utah where he received a Bachelor’s Degree in Social Psychology. He then moved to Tulsa, Oklahoma to attend law school at the University of Tulsa College of Law.
Eric has a robust Social Security Disability practice where he has represented clients in close to one hundred Social Security hearings since he began practicing Social Security law. He has helped Social Security claimants get benefits who have both physical and mental disabilities. He enjoys this practice because it allows him to help those whose circumstances have rendered them unable to work. He is an advocate for those who have spent their whole working lives paying into an insurance system (our Social Security Disability system) that has now denied them the benefit of that insurance at the time of their greatest need.
Having been preparing bankruptcy cases for the last 5 years, Eric has filed more than five hundred Chapter 7 cases to date. He enjoys the practice of bankruptcy because it allows him to truly help people at the time of their greatest financial need. His bankruptcy practice focuses on individual consumers with personal debt as well as small businesses needing to liquidate.
Eric also works with Personal Injury clients that have been injured, due to no fault of their own, and he helps them get the treatment and compensation they need and deserve.