At the Law Offices of Dr. Bill LaTour, our firm concentrates on assisting individuals whose SSI applications have been denied. We provide thorough advice and represent you throughout the entire SSI claims process, working to ensure that clients obtain the benefits they deserve. For personalized support in navigating the SSI form and petition proceedings, contact our Supplemental Security income lawyers in Orange County today.
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Our team knows that a disabling condition can make leaving home a challenge. An experienced and compassionate member of our team will meet with you over the phone to walk you through the paperwork and everything you need to know in the comfort of your home.
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If you’re struggling to apply or appeal for disability benefits, The Law Offices of Dr. Bill LaTour is a name you can trust. We’ve been helping disabled individuals and their families through the legal process for years and are dedicated to fighting for what you deserve!
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Our team strongly believes that every person should have access to quality legal representation without having to worry about upfront fees and expensive hourly legal bills. That’s why our office works on a contingency fee basis, so you never owe us anything unless we win for you!
Who Qualifies for SSI Benefits?
Applying for SSI takes into consideration certain conditions. Generally, people apply for SSI due to having limited income and resources, either from being 65 or older, disabled, or blind. The program provides financial assistance to help with basic necessities such as housing, clothing, and food.
To qualify for SSI, you must meet several specific requirements:
- Application: Begin the application process for SSI.
- Work history: Have little or no work history.
- Living arrangements: Live in the continental U.S. or the Northern Mariana Islands.
- Citizenship or residency: Be a U.S. citizen or meet residency requirements.
- Disability: Have a condition that fits the Social Security Administration’s definition of a disability or be visually impaired
- Income: Have a limited income.
- Financial assets: Keep assets below certain thresholds.
- Age: Be at least 65 years old
Additional requirements include:
- Regular check-ins to confirm continued eligibility.
- Notifying the SSA about any changes in health, living conditions, assets, or income.
- Requesting a review process if the initial application is denied.
The Legalities of Bankruptcy and Its Impact on SSI
According to SSR 79-4, Social Security benefits are usually protected from legal interventions like garnishments or bankruptcy. However, they can be accessed: (1) by the Treasury Secretary to collect overdue federal taxes or child support; and (2) via legal actions to fulfill child support or alimony responsibilities.
Is It Possible for Supplemental Security Income To Be Revoked or Discontinued?
Eventually, your disability status will probably be reassessed through a CDR or continuing disability review. This review, carried out by the SSA, aims to determine whether your condition has improved enough for you to return to work or continue to fulfill the disability eligibility criteria.
Continuing Disability Reviews are typically scheduled every 3 years, but for those with stable medical conditions or who are over 50, they may occur once every 7 years. Should your disability case have been approved through a hearing and the Administrative Law Judge suspects improvement in your condition, the ALJ may order a review before the usual 3-year period.
When due for a CDR, your case will move to the local Disability Determination Services where they’ll review new medical data and potentially ask you to attend a consultative examination with a Social Security-appointed doctor.
The Supplemental Security Income “1/3 rule” Explained
When an individual or a couple spends an entire month living in another person’s home, receiving both lodging and food, their federal benefit rate (FBR) is reduced by a third. This is defined by the value of the one-third reduction, or VTR, and it reflects an assumed value of income. If it is applicable, no further maintenance and in-kind support is taken into account.
While Taking SSI, Can Individuals Continue Working?
Individuals can work while receiving Supplemental Security Income (SSI) benefits, but there are limitations and considerations. The Social Security Administration (SSA) provides incentives and programs to support SSI recipients who want to work. The key factor is whether their work and earnings exceed the substantial gainful activity (SGA) thresholds. As of 2024, the SGA threshold is $1,550 per month for non-blind individuals and $2,590 per month for blind individuals. If an SSI recipient’s earnings surpass these thresholds, they risk losing their benefits.
The SSA offers programs like the Ticket to Work program, allowing recipients to test their ability to work during a trial period without losing benefits. Incentives such as Impairment-Related Work Expenses (IRWE) and Plan for Achieving Self-Support (PASS) enable recipients to deduct certain disability-related expenses from their income.
As each case is unique, consulting with a disability attorney can provide guidance on navigating the complexities of employment while ensuring continued eligibility for SSI benefits.
Wondering About the Process of Filing an SSI Petition?
Appealing a denied SSI application can be tricky and time-consuming. The multi-step process could be longer or shorter depending on the details of your claim. Here are the four general steps in the appeals process:
- Your attorney will meticulously assess your claim, obtaining all supplementary proof.
- Gathering any corroborating evidence helps strengthen your claim.
- A plea for reconsideration will be submitted, subjecting your case to a fresh review by another examiner.
- If the new examiner denies your claim, you can move to step 3 in the process.
- Secure a court date with an administrative law judge (ALJ).
- Your attorney for your Supplemental Security income claim will represent you, giving persuasive arguments.
- Before delivering a verdict, the testimony will be analyzed by the administrative law judge.
- If the ALJ denies your claim, escalate the matter to the Appeals Council.
- The judges on the Appeals Council will scrutinize the ALJ’s verdict.
- If your claim is turned down by the Appeals Council, you can choose to pursue legal action in a federal court.
Consult with a Supplemental Security income lawyer in Orange County before starting this process, as they will be able to identify key elements that could help you win your case. They can also help you determine the next steps based on your claim’s viability.
SSI Appeals Deadline
In writing, you or your attorney-appointed agent will need to formally request reconsideration within 60 days from when you received the initial decision notice.
Are you Seeking Assistance from a Supplemental Security Income Insurance Lawyer in Orange County?
Navigating the SSI application process can be daunting, as it involves extensive documentation to verify your eligibility. Attempting to complete it alone could hinder your chances and potentially lead to a denial of benefits. Dr. Bill LaTour, an experienced Orange County supplemental security income lawyer, can assist you in gathering the necessary evidence and paperwork to strengthen your application. Should your application be rejected, Dr. Bill is also equipped to guide you through the appeals process and will provide updates at each stage.
Benefits of Hiring an Orange County Supplemental Security Income Attorney
Our team recognizes the difficulties you encounter. Dr. Bill LaTour has successfully overseen thousands of SSI cases. Partnering with him as your Orange County Supplemental Security income lawyer brings numerous benefits. He can guide you through the SSI application, assist in assembling and systematizing evidence, and help in submitting your claim. Legal representation can notably increase the success rate of your case.
Reach Out To Us for A Complimentary Case Review
Dr. Bill LaTour is ready to help with your SSI appeal. Contact our office today for a free consultation on your case.
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