Christina Miller & Associates Disability Firm

Social Security Disability | SSI | Children's Disability

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Can a Disability Claim Be Reopened Once It’s Closed?

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Yes!  In some situations, a prior claim that is closed can be reopened.  When a new client comes into our office, we always discuss whether or not they have ever filed for disability or SSI benefits in the past.  If they have, we look to see if the prior claim(s) can be reopened.  This is important because the SSA pays back benefits either to the date of the application for benefits or earlier, depending upon what type of claim it is.  Therefore, if we can reopen an older claim, it could mean a significantly greater amount of money could be due to our clients.  

What is a Closed Claim?  When a person files an application for disability or SSI benefits and that claim is denied, they have 60 days to appeal the decision.  The same rule applies on a second denial.  If that appeal is not filed, the claim is closed. In some situations, a knowledgeable representative can locate and reopen that old claim and argue to obtain benefits back to that original filing date while pursuing a new claim for a client. 

With that said, there are several rules that apply in determining whether or not a closed claim can be reopened.  For example, the closed claim must be for the same disability as the new claim.  You cannot file a claim for one disability and then later file for a different disability and try to reopen the old claim. In addition, the onset of your current disability must be within the timeframe covered in the first application.  There are also timeframe rules for reopening.  If a closed claim is less than a year old, it can be reopened for any reason.  Once those first twelve months have passed, reopening a closed claim becomes more difficult.  The rules for reopening closed disability (SSD) claims and SSI claims differ after a year.  A closed disability claim can be reopened within four years if the SSA finds that there is good cause to do so.  An SSI claim can only be reopened within two years for good cause.  To determine whether or not there is good cause to reopen either type of claim, the SSA will consider several things.  They will take into consideration new and/or material evidence about the claim.  This evidence could include anything pertinent to the claim that was not considered by the SSA when making their prior decision.  The evidence needs to be substantial enough that it would change the outcome of the previous decision.  Good cause could also be a clerical error in a decision or a calculation error.  If the decision contains a piece of evidence or information that is clearly incorrect, grounds to reopen may be present. 

With all of that said, there are always exceptions to these rules.  For example, in very rare situations, the SSA will reopen a claim that is more than four years old if fraud was involved.  

Who Decides What Claims Can Be Reopened?  A claim that was denied by DDS (Disability Determination Services within the SSA), can be reopened by an examiner within this unit, an administrative law judge or by the Appeals Council.  A claim that was denied by an administrative law judge can only be reopened by an administrivia law judge or by the Appeals Council.  So, some cases must wait until they reach the hearing level before a decision can be made concerning reopening a prior claim.  Finally, a claim denied at the Appeals Council can only be reopened by the Appeals Council. 

It is important to understand that if a request to reopen a claim at any level is denied, that decision is final.  Therefore, it is imperative that you either know how to properly execute these procedures on your own or you consult with an accredited disability expert in doing so.  The SSA has strict protocols at every step of the application and claims process, therefore it is extremely important to take the proper steps within the required timeframes.  Our firm is only paid if we win your case, therefore you have nothing to lose in hiring an expert to handle the process for you.  Our office is open, and we continue to serve all of Solano County, including Vacaville, Fairfield, Vallejo, etc., as well as, the Sacramento Area and Northern Bay Area.  Give us a call today at 707-580-9220.

How Much Will I Get Per Month on SSI (Supplemental Security Income)?

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Unlike Social Security Disability benefits which are paid based on what an individual has paid into Social Security, SSI benefits are paid based upon whatever the set rate is for the year.  To that set rate, an additional supplement may be added based on what state you live in.  In 2020, individuals collecting SSI in the state of California receive $943.72 before deductions are considered.  Couples who both receive SSI can receive a maximum of $1,582.14. These rates can change annually. 

These amounts are the same for the entire state, no matter what county you live in.  So, folks who live in Vallejo, CA, Vacaville, CA, Napa, CA, Fairfield, CA, etc. will all be eligible for the same amount. 

With that said, do not forget that these amounts represent maximums before deductions.  Most people see at least one deduction from their benefit checks.  Deductions can include earned income, unearned income, in kind support, etc.  If deductions are being taken from your benefit checks that you do not understand, make sure to ask the SSA or speak to an accredited representative to make sure that the SSA is not making an error when taking out deductions.  Unfortunately, mistakes are common and are harder to correct the longer they have been made. 

Now, let’s explore what some of these deductions are.  First, let’s talk about earned income.  If you work while receiving SSI, there will be a deduction in your benefits for the income you earn.  The deduction is not dollar for dollar.  Instead, it includes some rather complicated calculations.  If you need help determining if the deductions that the SSA are taking are correct, give us a call.  We can do the calculations for you and let you know. 

Another type of deduction is called unearned income.  This deduction is made when a person receives things like pensions, state disability benefits, unemployment benefits, gifts from friends or relatives, etc. 

A third common deduction is called in-kind support.  If you live with someone or receive support from them in the form of food, shelter, clothing, etc., there will likely be a deduction from your benefits to account for this assistance. 

Now, let’s talk about income and benefits that should not count as deductions. Things like income tax returns, food and shelter provided by non-profit agencies, home energy assistance, loans that you have to repay, scholarships, etc.  There are a myriad of things that do not count.  These represent just some common examples.  For a complete list, visit the SSA’s website at https://www.ssa.gov/ssi/text-income-ussi.htm.

If you are living within the Vacaville, Fairfield, Vallejo and Winters areas and would like to chat with an accredited disability expert concerning how your SSI benefits are being paid, please feel free to reach out to us at 707-580-9220.  We offer convenient appointments via telephone, Zoom, Facetime or in person to meet your needs. 

Can Disabled Veterans Get Disability Benefits from the Social Security Administration?

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I have so much respect and admiration for the men and women who have served in our armed forces. Our location here in Vacaville, CA is only a few short miles from the Travis Air Force Base in Fairfield, CA. As such, I have the opportunity to help many disabled veterans with their disability claims.  I am able to give back to these honorable Americans in a small way and that truly makes my work feel worthwhile. 

These men and women put their own health and safety on the line to protect our country.  Thus, nearly four billion of these folks live with some form of disability following the completion of service.  Out of this four billion, the SSA reports that only about 600,000 veterans receive disability benefits from the SSA.  What a staggering difference!

While not every veteran is eligible for both VA disability benefits and SSA disability benefits, it is important to explore both to ensure that the best choices made.  While this blog provides some food for thought, every situation is unique.  Therefore, I always recommend that you meet with an accredited disability representative to discuss your personal situation and determine if applying for disability benefits from the SSA makes sense for you.   

It is important to know that Social Security disability benefits are not reduced when a veteran is also receiving disability benefits from the VA.  While the VA may reduce benefits in some situations, the SSA will not.  

While typically disability benefits from the SSA are only paid in situations where someone is permanently disabled, there are situations where a veteran may be eligible for a period of disability benefits when they were unable to work but later were able to return to work.  A veteran can submit a claim for a “closed period” of benefits from the SSA to receive benefits for the months that they were disabled, if the disability lasted at least a year.

Veterans that are found to be 100% disabled by the VA are often times also eligible to have their disability claims expedited by the SSA.  In many situations, the SSA is notified of the veteran’s 100% disability determination and thus the process of qualifying for disability benefits from the SSA can move very quickly.    

In addition, in some situations a veteran’s family members may be eligible to receive benefits from the SSA based on the work record of the veteran.  These family members may include a spouse over the age of 62 or a spouse of any age if they are caring for a young child or disabled, adult child.  Stepchildren and grandchildren are also eligible for benefits in some situations.    

Also, some veterans can be deemed eligible for both Medicare and TRICARE.  This extra medical coverage can be very helpful in that Medicare could become the primary payer with TRICARE covering supplemental coverage for things like deductibles and copays.  

There is a lot to consider when planning how to live on retirement or disability pensions and benefits.  Understanding the various programs and considering them in light of medical insurance issues and offsets can be daunting.  Let us help.  As always, there is no cost to you unless we qualify for you benefits.  So, you have nothing to lose by getting help from an expert. 

Will My Disability Benefits Stop When I Turn 65?

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Folks who are receiving Social Security Disability benefits are often concerned about what will happen to their benefits once they turn 65.  While the benefit itself will change when you reach your “full retirement age”, the amount of the benefit will not.  The benefits are simply converted.  Instead of receiving monies from the Social Security Disability fund, you will begin receiving monies from the retirement program.  The conversion happens automatically.  There is nothing that you need to do.  

With that said, age 65 is not considered full retirement age for everyone.  The year you were born dictates the year and month you must each in age to have attained full retirement age in the eyes of the SSA. 

Here is a list of birth years and corresponding full retirement ages. 

  • 1937: 65 years
  • 1938: 65 years and 2 months
  • 1939: 65 years and 4 months
  • 1940: 65 years and 6 months
  • 1941: 65 years and 8 months
  • 1942: 65 years and 10 months
  • 1943 through 1954: 66 years
  • 1955: 66 years and 2 months
  • 1956: 66 years and 4 months
  • 1957: 66 years and 6 months
  • 1958: 66 years and 8 months
  • 1959: 66 years and 10 months
  • 1960 and later: 67 years

As you can see, unless you were born before 1937, your full retirement age is actually a bit higher than age 65.  So, in a nutshell, the benefit checks or direct deposits will come from a different fund, but the amounts will not change.  Your disability benefit is the same as the full retirement benefit, based on your earnings.  

If you or a loved one has questions about Social Security Disability or Retirement benefits, please feel free to give us a call at 707-580-9220.  If we can answer your question over the phone, we are happy to do it.  If you need more help, we are available to meet folks in Vacaville, Fairfield, Vallejo and all surrounding areas. 

How Do I Get Approved for Disability?

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This is by far the most frequently asked question that I ever receive. People often assume that there must be a magical medical condition or perhaps a special statement from their doctor that would green light their claim for disability benefits. Unfortunately, I can attest to the fact that neither of these exist, with a few exceptions. Let me explain.

In terms of medical conditions, there are certain conditions that “green light” a claim. These conditions meet the requirements of what the SSA calls the Compassionate Allowances program. If a person provides medical evidence demonstrating that they suffer from a condition that is extremely severe or likely to result in death, their claim can be expedited and approved. I have handled many of these cases over the years. Examples of these types of conditions include ALS/Parkinsonism Dementia Complex, Systemic Degos Disease, Early-Onset Alzheimer’s Disease, heart transplant graft failure, inoperable kidney cancer, etc. There are many conditions the meet the requirements of the Compassionate Allowances program, therefore if you feel your condition may be considered extremely severe, seek help from an expert immediately so that we may submit your claim for expedited review and consideration.

Unfortunately, there are a myriad of severe conditions that do not meet the Compassionate Allowance program requirements.  In these situations, the SSA will go through what it calls the Sequential Evaluation Process to determine whether or not a person is disabled.  Part of our job in representing someone is to ensure that the best, most effective arguments are made concerning how a person is disabled in light of the SSA’s rules from the first day that we begin working on your claim.  We are experts in each step of the process, as well as, the SSA’s Program Operations Manual System (POMS) and the other sources that the SSA uses to determine whether or not a claim should be approved. 

In terms of statements from your doctors, generally speaking, there is not any particular statement that would yield a favorable decision from the SSA.  However, an expert knows the right questions to ask your doctor to yield the evidence that is needed to demonstrate how severe your disability truly is.  Medical records often lack certain nuggets of information that are sometimes vital to qualifying someone for disability benefits.  We can draft specific forms called Residual Functional Capacity Questionnaires and send these forms to your doctor to get his/her opinions on these important factors.  

Let me give you an example.  At Step 3 of the SSA’s Sequential Evaluation process, the SSA will look at what they call the “Listings of Impairments” to see if a person’s condition(s) meet these requirements. Let’s say that you have a low back injury.  You have an MRI that demonstrates spinal stenosis with compromise of the spinal cord.  You also have reports from your spine specialist indicating that there is evidence of nerve root compression, limitations in your range of motion, muscle weakness, atrophy of the calf muscle and reflex loss.  However, your doctor has not documented whether or not he has performed any straight leg raising tests.  You would have all of the evidence needed to demonstrate that you meet the requirements of this listing, except for one.  An expert representative could spot this missing piece of evidence and ask your doctor to provide us the results of these tests or to perform them and let us know his/her findings.  Unfortunately, unless you know what you are looking for, your claim could be denied simply because the information needed to approve it was not in the records that were provided.  

In a nutshell, there are many ways that your claim can be approved, far too many to cover in a blog such as this.  That is why you should hire an accredited representative to handle your claim as soon as possible.  We are so confident in our work that we do not charge a fee unless we win your case.  It’s that simple.  Let us carry the burden of developing evidence and documenting hundreds or thousands of pages of medical records.  It’s truly our passion.  As always, we continue to serve Vacaville, Fairfield, Vallejo and all surrounding areas.  Reach us today at 707-580-9220.