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Social Security Disability SSI Asset Limit: How Are Changes In Assets Calculated During An Appeal?

Austin, TX |

I applied for SSDI/SSI in Dec. 2009. I have had an ongoing AOD issue since Dec. 2009. The local SSA FO incorrectly entered my AOD as 8 years beyond the date I submitted; she entered my protective filing date as my AOD for SSDI, and I've been fighting this issue for 4 years. The AC remanded the 1st ALJ denial with instructions to correct my AOD to the date I submitted, yet the same ALJ during the 2nd hearing failed to make these corrections. In doing so, the ME was not given access to 8 years of my medical record (the most important years of my medical evidence). Nevertheless, the ME agreed I met a listing, but at a much later date than my AOD. The ALJ dismissed my SSDI claim (because of AOD and DLI issues); awarded me SSI, but at a much later AOD date. My rep didn't object to anything.

Even though I was awarded SSI, I ultimately did not qualify when it came to the asset limit. At the time of the ALJ decision, my assets happened to be slightly over the asset limit. I was able to convince my rep to submit an appeal of a favorable decision (especially once he realized there was not going to be any back pay). Since the submission of that appeal, my assets have dropped below the $2,000 limit. Considering I am currently appealing both the SSDI dismissal and the SSI favorable decision (based upon an incorrect AOD), how will they handle my SSI award considering when my assets dropped? If/when I ultimately win my SSDI claim (and back pay goes all the way back to Dec. 2008), how will the SSA handle SSI calculations? In the event I am ultimately denied SSDI, will they recalculate any SSI back pay considering my assets dropped below $2,000? How are SSI payments/back pay actually calculated when the assets rise above and fall below the asset limit?

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Attorney answers 3

Posted

Your question is quite complex and does not lend itself to this type of forum. You are working with an attorney who is actively representing you on this matter. Presumably that is the best person to handle your questions. Don't be shy about insisting on answers.

Any answers provided to questions are for general information only and do not establish an attorney-client relationship. You should seek legal advice for your specific situation.

Asker

Posted

The background details might make my question seem complex, but it's really a simple question. When a decision of disability goes into affect, if the claimant just happens to have assets of (ie) $2,100 at the time of the decision, is the claimant automatically denied ANY SSI payments in the future (even when those assets dip below the limit the following week/months)? As it seems to me, after fighting a claim for 4 years, I finally received a decision of disability, but just because my assets were a little over the limit at the time of the decision, does that mean I have completely lost out on ANY SSI payments for the future? My asset limit was just another issue my lawyer failed to explain to me; I certainly could have made an early payment of my many bills that would have brought my asset limit down during that time. One of the many reasons I don't go to my lawyer with these types of questions is because I don't believe he even knows what he's doing. He certainly didn't object to the many issues involved with my claim, so I can't possibly rely on him for anything at this point other than being a physical presence at a hearing. He isn't my original lawyer, and he certainly didn't take the time to review my claim about the past issues that have been road blocks since day one.

Posted

You should be talking to your representative about this. He knows you and your case far better than any of us here at avvo.

Asker

Posted

My representative isn't worth the time I spent locating him. What's the point in this forum when a claimant actually finds a terrible lawyer but can't receive any help from others because they all keep referring the claimant back to the lawyer. Apparently there is a real reason I am asking for help here instead of my lawyer; I'm not sure why the people on AVVO can't look past that.

Posted

Best to speak to your rep, as too detailed for Avvo