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Social Security Disability Appeal & Benefits: When Will SSI Kick In During An SSDI Appeal

Dallas, TX |

I applied for SSDI/SSI in Dec. 2009. After my second ALJ hearing, the ALJ ruled me disabled, but because of an ongoing incorrect AOD issue, he dismissed my SSDI claim (very confusing back story) and approved my SSI claim based upon an AOD past my DLI. Shortly after the hearing, I received a call from the SSA to determine SSI illegibility. Unfortunately, I had a few hundred dollars over the $2,000 asset limit, therefore I was denied SSI benefits. I explained my claim was (at that time) about to be appealed. I successfully appealed the SSDI dismissal while the AC agreed to my disability. The claim was remanded solely to determine my AOD. Within a few months, my assets naturally dropped below $2,000 (and has so since). Shouldn't I be able to receive SSI benefits at that point onward?

If my assets just happen to be a little over the $2,000 limit at the time of hearing (SSI evaluation), does that mean I will never be able to collect SSI benefits, ever (even if/when my assets drop below $2,000)? Should I have reported my assets dropped below the limit or does any of this matter since my claim is still in appeals? At the very least, the AC has stipulated I am disabled as of April 2010, so when my assets drop below the limit a couple of months after that evaluation, shouldn’t my SSI benefits begin? Is this just a matter of reporting to the SSA my assets have dropped? My representative has absolutely failed to explain ANY of this to me, so I feel completely lost. With Obamacare requiring me to invest in an insurance plan while my claim is in appeals is confusing enough (especially when I think I should be receiving SSI benefits if not now, but since my assets dropped below the limit). What are my options here, and what should my representative told me?

Attorney Answers 3

  1. Best answer

    The first thing I would recommend is speaking to your attorney, if you are represented by an attorney who appealed your claim. Your attorney should be able to explain what is happening with your case on appeal. If you or your attorney only appealed the SSD portion of your claim to the Appeals Council, then you should have reported the drop in your assets to the SSA. You would have been eligible to receive benefits on your SSI application when your assets dropped below the $2000 limit.

  2. It's impossible to answer your question fully based on the information provided. Generally, when your SSI benefits are suspended based on excess resources (having more than $2,000), you have 12 months after the effective date of the suspension to have your benefits reinstated. After that, SSA automatically terminates your SSI claim, and you have to start over with a new claim. I recommend that you hurry down to your local Social Security office and see if there is still time to have your SSI claim reinstated. If not, file a new one ASAP.

  3. Clams beyond the DLI are really difficult. If you can try to get your dr to say you were disabled in the past you may try to file for Ssdi.
    You should be able to submit to your atty your bank records stating you have less than 2k to get Ssi again. If you are pro se I assume you can take it to local office and see your Ss rep.

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