Social security & SSI Benefits

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Presentation transcript:

Social security & SSI Benefits

Understanding SSA benefits Social Security Admin Social Security (Work) Retirement AUX Disability SSI ($) Disabled Individual Disabled Child Aged

Retirement, Survivors, and Disability (RSDI) The RSDI program (Social Security) is a social insurance program that protects workers and their families from loss of earnings because of retirement, death or disability. We pay Social Security benefits under Title II of the Social Security Act. These payments are financed through payroll taxes from employees, employers, and the self-employed. This tax is referred to as FICA. As you work and pay Social Security taxes, you earn "credits" that count toward eligibility for future Social Security benefits. To be eligible to receive these benefits on your own work record, you must be age 62 or older, or disabled; and be "insured" by having earned the required credits. Social Security pays monthly retirement, survivors, and disability benefits to workers and their families.

Supplemental Security Income (SSI) SSI is a federal income maintenance program designed to provide cash assistance for aged, blind or disabled persons with little or no income or resources. SSI payments are paid under Title XVI of the Social Security Act and are financed from the federal general revenues and not from Social Security taxes. To get SSI, an individual must be a resident of the United States, including the District of Columbia and the Northern Mariana Islands. Must be a U.S. citizen or lawfully admitted qualified alien. Must be: Age 65 or older; or Blind; or Disabled Must have limited income and resources.

What is a disability? A mental and/or physical medical condition that prohibits you from performing any substantial gainful activity in the national economy. Disability must last for at least 12 months of be expected to result in death. Child under the age of 18 must have disability that results in “marked and severe functional limitations.”

SSI Disabled Child (SSIDC) Eligibility Child must be under the age of 18 with a mental and/or physical disability that result in “marked and severe functional limitations.” Disability must last for at least 12 months of be expected to result in death. Limited income and resource rules apply. Income and resources of the parent(s) can be deemed to the child.

Application Process Applications must be completed by the proper applicant (normally the individual). A 3rd party may inquire or start the application on the individual’s behalf, but it will not be a completed application until the individual signs the application themselves. Applications for Social Security Disability can be done online. Application for SSI cannot be done online. The application can be done over the phone or in the office. After the application is taken, the claim is sent to the Disability Determination Services for a medical decision. This process is currently taking 4-6 months for an initial decision.

How Do We Apply for SSI? Applications must be by a proper applicant. Who has custody of the child? Documentation will always be needed. Application cannot be done online, but the disability report can be. This will save a lot of time. Application can be done via phone or in office.

Supplemental Security Income (SSI) They must be of limited income. Individual’s own unearned income counts dollar for dollar and earned income counts 2:1. There is a $20 general income exclusion and $65 earned income exclusion. Parental income and spousal income can deem to an individual. They must be of limited resources. Generally, $2000 resource limit. Couples limit is $3000. Child with 1 parent is $4000 and child with 2 parents is $5000.

SSI Income Limits

Foster Care Payments Foster care payments under Title IV-E (both Federal and State) are considered Income Based on Need (IBON) to the individual in care. Section 477 of Title IV-E payments are not income. Foster care payments under Title IV-B or Title XX are not income. Foster care payments funded wholly by a State or local government under a program which uses income as a factor of eligibility are not income. Other foster care payments not described above are subject to the general income rules and income exclusions. If no cash is given to the individual in care, they may only derive in-kind support and maintenance (ISM)

Adoption Assistance & Kinship Adoption assistance paid to adoptive parents under Title IV-E is income to the child. Kinship Guardianship payments to grandparents and other relatives assuming legal guardianship for the child is income to the child. Adoption assistance under Title IV-B or Title XX are not income. Adoption assistance not listed above are subject to general income rules and exclusions.

SSI Resource Limits $2,000 limit for 1 person $3,000 limit for a married couple $4,000 for a child with 1 parent $5,000 for a child with 2 parents

Resource Exclusions Regardless of Value $1500 Burial Exclusion 1 Home 1 Vehicle $1500 Burial Exclusion Special Needs Trusts (TRICKY!) Look at the Equity Value

SSI Payment Amounts $733.00 a month is the maximum a person can receive on SSI benefits. $488.67 a month if the individual is living in the household of another and not paying their fair share of living expenses. $30.00 a month if the individual is in a medical institution and Medicaid is paying more than 50% of the expenses.

Dedicated Accounts Must be established when children under 18 are receiving backpay of more than 6 months benefits. Must be a special account and you cannot comingle funds. Funds can only be used on medical treatment or education and job skills training.

Who Needs a Payee? Minors under the age of 18 generally must have a payee. Recipients determined by a court of law to be incompetent must have a payee. Recipients determined by SSA to not be mentally capable to handle their affairs may need a payee.

Who is a Payee? A Representative payee is a person, agency, organization or institution selected to receive and manage benefits on behalf of an incapable or legally incompetent beneficiary. 

How Do We Become Payee? Must Complete an Application with SSA Must Provide Custody/Guardianship/Etc Documentation Depending on parental status, the parent may need to sign off on the payee change and they will have appeal rights on the change.

What Are Our Payee Duties? Use Benefits Properly Report Changes Participate in Post-Entitlement Reviews Keep Proper Records and Accounting

Proper use of benefits Current maintenance - food, housing, clothing, medical care, and personal comfort items. Recipient’s reasonably foreseeable needs. Savings, but no more than $2,000 for an SSI recipient.  Things that improve the recipient's daily living conditions or provide better medical care. 

Proper Use of Benefits “As payee, you may not use a beneficiary’s Social Security or SSI funds for anything other than his or her use and benefit. But more than that, you must make reasoned judgments to use the funds in the beneficiary’s best interest. To be able to do this, you must make yourself aware of the beneficiary’s basic current and reasonably foreseeable needs. By “current and foreseeable needs” we mean primarily food, shelter, clothing, and medical expenses not covered by Medicare, Medicaid or provided by a residential institution. Once you have satisfied these needs, you may use the remaining funds for the beneficiary’s personal comfort items, recreation and miscellaneous expenses. You must save, or conserve, any remaining funds on behalf of the beneficiary.”

Report Changes If someone has a payee, they are not allowed to change their own SSA record. The payee must report all changes. Change of address and phone number Changes in income Monthly wage reporting Changes in resources Changes in household composition Changes in marriage status

Post-Entitlement Reviews/Updates Redetermination: Non-medical eligibility review. Done “yearly.” Review living arrangements, income, and resources. Resolve any IRS or state alerts. Medical CDR: Medical review done every 1-7 years. Reviews medical records and determines whether disability is continuing. Cases are assigned to Claims Specialists by alpha, which rotate periodically. General questions and updates can be made through 1-800-772-1213. Local point of contact until June will be Mrs Segraves, 866-613-3966 x14610.

Records and Accounting Must show how much Social Security and/or SSI money you received, spent and saved for each individual. Keep records that show savings and expenditures. Keep bank statements, invoices, receipts, leases, etc. that adequately document your use of the beneficiary's funds. Save documents for a minimum of two years. You will be required to complete an accounting yearly and a final accounting when you stop serving as the recipient’s payee.