Georgia Supplemental Security Income Attorneys

Your Complete Guide to SSI Benefits

Supplemental Security Income, or SSI, is a federal program intended to assist older and disabled low-income individuals. Unlike Social Security Disability Insurance (SSDI), SSI is not funded by Social Security taxes but, rather, general tax revenue. This means that you do not have to earn a certain number of work credits to qualify for SSI benefits, as you would have to in order to receive SSDI benefits.

If you need help seeking Supplemental Security Income benefits, we can help. No matter where you are in the process, we can provide the personal attention and counsel you and your case deserve.

Get in touch with us today by calling (404) 990-3945 or by contacting us online. We serve clients throughout Georgia and offer free initial consultations.

Supplemental Security Income (SSI) Benefits

The purpose of the SSI program is to provide qualifying individuals with supplemental income for food, shelter, clothing, and other basic needs. Some people qualify for SSI benefits even when they are already receiving another form of assistance, such as SSDI or VA benefits, in addition to retirement benefits.

Various factors influence the amount an individual can receive in SSI benefits. For example, some states supplement the federal SSI payment, meaning people in those states may be eligible to receive more. Additionally, an individual may receive less in SSI if they have other forms of income, including wages earned from work or substantial gainful activity (SGA), retirement or pension funds, or other Social Security benefits.

When determining whether an individual qualifies for SSI benefits, as well as how much to award in benefits, the Social Security Administration (SSA) looks at household income. Married couples may receive less in SSI if they both earn wages, or if one spouse earns wages and the other has a pension. If someone else, including a spouse or another family member, pays for an individual’s household expenses, such as rent, that individual may also receive less in SSI.

The SSA recently announced an increase of 5.9% to both SSI and SSDI for 2022 to keep up with the increase in inflation. This unprecedented cost-of-living adjustment (COLA) affects about 70 million people in the United States. For people receiving SSI benefits, changes to payments began in December 2021. For more information, contact our team at Affleck & Gordon.

How to Qualify for SSI

The Social Security Administration (SSA) has several eligibility requirements when it comes to qualifying for SSI.

To be eligible for SSI, you must first be one of the following:

65 years old or older
Blind
Disabled

In addition to being one of the above, you must also be one of the following:

A U.S. citizen
A U.S. national
A qualifying non-citizen

Lastly, to qualify for SSI, you must also:

Live in one of the 50 U.S. states, Washington, D.C., or the Northern Mariana Islands (with some exceptions)
Have limited income and resources (as defined by the SSA)

The SSA defines “limited income and resources” according to certain income and resource value thresholds. These thresholds change annually. In 2022, you cannot receive SSI benefits if the value of your individual “countable resources” exceeds $2,000. If you are married, you and your spouse’s combined resources cannot exceed $3,000 in value to remain eligible.

What Is a “Countable Resource?”

The Social Security Administration (SSA) looks at certain resources to determine whether an individual has limited income and resources for the purpose of awarding SSI benefits. Not all personal property and belongings are considered “countable,” however.

The following resources are not considered “countable” by the SSA and, therefore, do not count toward the SSI “limited resources” threshold:

A primary home or the land on which the residence is built
A single vehicle used primarily for transportation
Personal items and various household goods
Life insurance policies that do not exceed $1,500 in combined value
Burial plots, including family burial plots, and burial expenses up to $1,500
Property used for a trade, job, or business purposes
Funds set aside in specific programs for certain individuals

Meanwhile, some examples of resources that generally do count toward the SSA’s limited resources threshold include:

Cash and bank accounts
Land other than the land on which a primary residence is built
Stocks
Mutual funds
U.S. savings bonds
Second and subsequent vehicles
Vehicles that are not used by the household for transportation
Life insurance over $1,500 in combined face value
Some personal property
Items that could be sold or otherwise changed to funds for basic needs

The SSA also recognizes “deemed resources,” which are certain percentages of a spouse’s, parent’s, parent’s spouse’s, alien’s sponsor’s, or alien’s sponsor’s spouse’s resources.

Answers you can count on

Social Security Disability Insurance (SSDI) is a federal program funded by social security taxes that pays monthly benefits to you if you have a severe physical and/or mental disability that prevents you from working, and if you become disabled before you reach retirement age.
Disability is defined by documentation of a physical and/or mental condition which prevents you from performing “substantial gainful activity” (SGA). SGA basically means work performed in exchange for payment. A disability is defined as a mental and/or physical condition expected to last at least 12 months or to result in death. Whether one is eligible for disability is a matter subject to some interpretation. Although your doctor may have advised you not to work, or you may feel too ill to work, the Agency will not necessarily agree that you are disabled. Social Security initially evaluates disability based on a catalog of physical and mental conditions called a “Listing of Impairments.” These are available on the Social Security Administration website, www.ssa.gov (search for “Listing of Impairments”). Even if you can’t show that your condition is exactly as described in the listing, it is still possible to prove that you are disabled. Furthermore, even if you are denied benefits because Social Security says you are not disabled, you have a good chance of winning on appeal. An attorney can be very helpful at a hearing.
Briefly, SSI is a government program that pays monthly benefits to disabled adults and children or elderly people whose incomes and assets are limited or non-existent.
The Veterans Administration provides monthly, tax-free compensation to former U.S. military service members injured or suffering from a chronic disability related to their time in service, or whose pre-existing condition their duties exacerbated. Veterans may qualify for benefits stemming from physical or mental conditions developed during or after their service. Physical injuries during service are common, as are mental conditions brought on by the rigors of active duty, including post-traumatic stress disorder. Chronic conditions and pre-existing conditions made worse by your military service are also covered by VA disability in some situations where the connection to your time in service is established.

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Applying for SSI Benefits

After confirming that you are eligible for SSI benefits, you can apply in one of several ways:

Online: You can apply for SSI benefits online by visiting the Social Security Administration’s website, here.
By Phone: You can call the SSA at 1-800-772-1213 (TTY 1-800-325-0778) to begin the application process. The SSA also offers telecommunications relay services; call 1-800-772-1213 for assistance.
In Person: You can contact the local SSA office in your area and make an appointment to apply for SSI benefits in person. You can also have someone else, such as an attorney, make an in-person or telephone appointment on your behalf.

If you believe you are eligible for SSI benefits, you should apply right away. The SSA does not offer back payments; you can only begin receiving SSI benefits from the effective date of your application.

When applying for SSI, you will need to have several documents handy, as well as additional supplemental information that may be required with your application.

Some of the documents and information you will need include:

Your Social Security number or card
Proof of your age, such as a birth certificate
Proof of citizenship or alien status, such as a passport or green card
Proof of your income, such as payroll stubs, tax returns, or unearned income records
Proof of your resources, such as bank account statements, real estate deeds, and life insurance policy information
Proof of your living arrangement, such as a rental agreement or lease, property tax bills, deeds, and information regarding household costs/members
Information regarding your work history, including past job titles, employers, work dates, and descriptions of job duties (if applicable)
Medical reports, doctors’ information, medication information, and other medical sources (if filing as disabled or blind)

This is not a complete list; you may be required to provide additional documents and information when applying for SSI. Affleck & Gordon can help you prepare your application and ensure that you have everything you need before you submit your claim. Call (404) 990-3945 today.

Why Are SSI Claims Denied?

Many SSI claims are denied, especially for first-time applicants. However, this does not mean that you should give up if your SSI claim was denied. In fact, your claim denial may be based on an error that could be resolved during an appeal.

Some of the most common reasons that SSI claims are denied include:

The applicant does not have a qualifying disability
The applicant’s income exceeds the income threshold limit
The applicant’s countable resources exceed the resource value limit
The applicant is not a U.S. citizen or qualifying alien
The applicant failed to provide the necessary documents or information
The applicant missed a deadline in the application process
The applicant is too young to receive SSI benefits
The Social Security Administration (SSA) found that the applicant could return to their previous employment
The applicant did not attend the required consultative exam (CE)

No matter the reason a claim is denied, it is always better to appeal rather than start the process over. If your SSI claim has been denied, we strongly encourage you to reach out to our firm for the legal counsel and representation you need.

Can You Appeal a Denied SSI Claim?

If your SSI claim is denied, you can appeal this decision. The process of appealing a denied SSI claim is very similar to that of appealing a denied SSDI claim.

There are four steps to appealing a denied SSI claim:

First, you may request a reconsideration. If your claim was denied on medical grounds, you can request a reconsideration for a medical determination. If your claim was denied for any other reason, such as issues with your income or resources, you can request a reconsideration for a non-medical determination. If the SSA grants your request for a reconsideration, it will evaluate the same evidence used in your initial claim, along with any new evidence you submit to decide on your case.
If you disagree with the SSA’s decision after the reconsideration, or if the SSA denies your request for a reconsideration, you may request a hearing before an administrative law judge (ALJ). At the hearing, you and your legal counsel have the opportunity to present evidence in support of your claim. Additionally, the SSA can present evidence against your claim to the ALJ. After the hearing, the ALJ will decide on your case and either uphold the initial denial of benefits or reverse it and award you benefits.
If you are not satisfied with the ALJ’s decision on your case, you can request a review of your claim by the Social Security Appeals Council. Generally speaking, the Appeals Council only grants requests for reviews when it finds that the ALJ (or another party) made an error or failed to act according to Social Security laws or regulations. In some cases, the Appeals Council reverses the ALJ’s decision; in others, it sends the case back to the ALJ for further review.
If you disagree with the outcome of the Appeals Council’s review, or if the Appeals Council denied or dismissed your request, you can file a claim in federal court. This is the final step in the appeals process. You should absolutely hire an attorney at this stage if you have not done so already. It is strongly recommended that you hire an attorney to assist you with the appeals process from the very beginning.

Why Hire the SSI Attorneys at Affleck & Gordon?

Founded in 1977, our firm has decades of experience helping individuals and families throughout Georgia obtain disability benefits. We know the system inside and out, and we have what it takes to effectively protect your rights as you seek the fair SSI benefits you are owed.

We are here to answer your questions and address all of your concerns. We know that this is a stressful time in your life, which is why we do everything we can to make the legal process easier for you. Our team will respond quickly to your calls, emails, and texts. We prioritize client communication and service, and you can always count on our SSI attorneys to be there for you when you need them most.

We are prepared to assist you with every aspect of your claim. Whether you need help determining if you are eligible for SSI benefits, are concerned about the application process, or have had your claim denied and wish to file an appeal, reach out to Affleck & Gordon today to learn how we can help.

Contact us online or call (404) 990-3945 to schedule a free consultation today.

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The Affleck & Gordon team is not only committed to your case, but we are committed to you. We understand that this is your life and your future, and will diligently do everything on our end to obtain a favorable decision on your behalf.
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With over 45 years of experience and tens of thousands of individuals helped, our team has the skill, resources, and determination to aggressively and strategically evaluate, understand and fight your claim.
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At Affleck & Gordon, we are committed to providing the highest possible legal counsel. We return calls promptly, keep you up to date on your case, and will always be there for you. We do not rest until you get what you deserve.

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