Tag: Social Security

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 with 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.

Your Responsibility to Report Financial Changes AFTER Being Found Disabled

 It was a long time coming, but the Social Security Administration (SSA) has finally found you are disabled and you are now receiving Disability Insurance Benefits and/or Supplemental Security Income(SSI). This could be as a result of being found disabled upon your initial application or if after you attending a social security hearing in front of an Social Security Administrative Law Judge (ALJ). Whether you represented your self or were represented by an attorney, the responsibility to notify SSA of any changes is solely your responsibility. 

You need to be aware of the requirement to report certain changes in your circumstances to SSA. One such change, but a big one, is getting a paying job. Whether working affects your disability benefits will depend on your specific case. It is important that if you do get a paying job you notify Social Security Administration immediately. Another event where you need to update SSA is if you are receiving SSI, and you receive non-work based income. This could include, but is not limited to, someone giving you money or someone providing you a place to live for free. Especially with SSI, both situations have the potential of impacting how much you receive in benefits for a month.

Prompt reporting can go a long way towards heading off SSA from saying you have been paid too much and asking for repayment of benefits received. You are required to report changes to SSA no more than 10 days after the end of the month in which the changes take place. To report changes you may visit your local SSA office in person, go on line at www.socialsecurity.gov, or call 1 – 800 – 772 – 1213.

If you have applied for Social Security Benefits, whether Disability Insurance Benefits and/or Supplemental Security Income and have been denied please contact Perry Law Office, P.C. as we may be able to help you. Just because you are working part-time does not mean you are not disabled.


Thank you

Perry Law Office, P.C.