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Low-income people or those without significant resources may have difficulty making ends meet. The SSA program known as Supplemental Security Income (SSI) can help, but you must prove you qualify for this assistance.
A Marietta SSI lawyer from our firm knows what you need to do. We can determine whether you qualify for SSI, and if so, help you prepare your application. If your initial application is denied, as many are, we can work with you through the appeals process until we successfully demonstrate that you are entitled to SSI benefits.
Supplemental Security Income is a federal government program that provides money for basic needs like food, shelter, and clothing to disabled individuals. The program serves people who have never worked or have not earned enough Social Security credits to get Social Security Disability (SSDI). Children with severe disabilities may also qualify for SSI payments.
An SSI recipient can have an income, but there are income limits that depend on the recipient’s age, marital status, and the source of the funds. A Marietta attorney can review an individual’s specific circumstances to determine whether their income allows them to qualify for SSI benefits.
The SSI program also restricts the assets that a recipient may own. In most cases, an SSI recipient may possess one home and one vehicle that is exempt from the asset threshold, but if all their other assets total more than the current threshold limit, they will be ineligible. The threshold changes every year to adjust for inflation, so confirm the limit with a lawyer before applying.
Someone applying for SSI benefits must prove that they have a disabling condition that prevents them from earning substantial gainful activity (SGA), which is a monthly income thresholds. SSAI rejects many legitimate applications due to an alleged insufficient of proof of disability.
An SSI applicant who works with a Marietta attorney can rest assured that their application will be as thorough as possible. A lawyer can review the applicant’s medical records to ensure his or her disability is clearly documented.
Even when the medical record supports the applicant’s disability, SSAI may deny an application if the applicant’s condition is not provable through objective means such as x-rays, MRIs, or blood tests. Fortunately, there are several opportunities to appeal an initial denial, and a lawyer can guide a denied applicant through the process.
An SSI applicant will receive a letter in the mail informing them whether they are approved for SSI benefits. If the application is denied, the applicant must request an appeal in writing within 60 days of receiving the notice of denial. The request can be made by letter or online.
Reconsideration is the first level of review. Someone other than the person who made the initial decision to deny the application reviews the material and may come to a different decision. If the application is again denied, the applicant can request a hearing before an Administrative Law Judge (ALJ) who has not been involved in the case.
The SSI applicant’s Marietta attorney can provide supplemental information and testimony from witnesses at the hearing. The ALJ can ask questions of the applicant and the witnesses. If the ALJ denies the application after a hearing, further appeals must be based on allegations that the ALJ made an error.
The Appeals Social Security Council can review an ALJ‘s denial, but they may reject the request for an appeal. If the Appeals Council reviews the case, it will examine the record and usually will send the case back to the ALJ if it finds an error.
When the first three levels of appeal have failed, an applicant still has the option of filing a lawsuit in federal court, although this is quite rare. Federal court appeals are typically successful only when an applicant can show a clear error or bias resulted in the denial of their benefits.
SSI benefits are a lifeline for low income individuals who are experiencing blindness or some other disability. Unfortunately, it can be challenging for people to get the benefits they deserve. Speak with a Marietta SSI lawyer if you intend to apply for these benefits or if your application was denied. Schedule a free consultation today and allow us to assist you.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law