Tag: Social Security Administration

WHAT IS A WINDFALL OFFSET IN SOCIAL SECURITY DISABILITY?

Many times people who file for disability with the Social Security Administration (SSA) have claims for both Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). Also, many times, the person who is found disabled is really only entitled to, at most, five months of past due SSI benefits. Yet, SSA will start off paying the person many more months of SSI to which they are not really entitled. When SSA tries to figure what you are owed in past due DIB, they reduce that amount by what you have been overpaid in SSI. This is called the windfall offset.

Sounds simple enough doesn’t it? But it is not. SSA withholds the past due DIB until the offset is calculated. In about a twenty-one percent (21%) of the time it is not calculated at all and another thirty-one percent (31%) of the time it is not done in a timely manner. Two percent (2%) of the time it is done incorrectly. Only about forty-five percent (45%) of the time are things done properly. This can be very confusing to individuals receiving disability benefits. It can also make it difficult for the disabled person to receive all past due benefits to which they are entitled.

At Perry Law Office, after we help a person obtain a favorable decision that they are disabled, we follow their claim in an effort to see that all past due benefits are properly paid.

 

Why have a lawyer help with your Social Security Disability Claim?

 

Obtaining a ruling of disability has never been easy. There are four (4) stages in the application process for Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) through the social security administration: (1) Filing an Application for Social Security Disability Benefits/Supplemental Security Income; (2) if denied you then file a Request for Reconsideration; (3) if your Request for Reconsideration is denied  you file a Request for Hearing with an Administrative Law Judge (ALJ); and (4) if you receive an unfavorable decision from an ALJ you may appeal the unfavorable decision with the Appeals Council (AC).  For applications filed in 2009 through 2011 only about 40% of applications were eventually approved. Since then things have become more difficult. The number of claims paid at the initial and reconsideration stages of social security disability has remained about the same. But in 2014 less than half of those who went to the hearing level were found disabled. Historically, that had been, on average, 60% or more. Things did improve a bit in 2015 with nearly 55% of those who went to the hearing level being found disabled. The lesson to be learned is that those seeking disability benefits from the Social Security Administration (SSA) need all the help they can get. After an initial denial, it is wise to engage the services of an attorney who practices Social Security disability law. This is not a guarantee of success, but it does increase the odds. Once you receive a denial you a strict time frame to file an appeal. If you have been denied Social Security Disability, call the trusted lawyers at Perry Law Office.