Multiple Chemical Sensitivity and Social Security Disability, Part 6

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Multiple Chemical Sensitivity and Social Security Disability, Part 6

October 21, 2009 by Susie Collins

_http://www.thecanaryreport.org/2009/10/21/multiple-chemical-sensitivity-and

-social-security-disability-part-6/_

(http://www.thecanaryreport.org/2009/10/21/multiple-chemical-sensitivity-and-soc\

ial-security-disability-part-6/)

 

Post by Michael Walkup, attorney at law

 

 

In addition to or instead of benefits under Social Security Disability

Insurance or Title II of the Social Security Act, you may be entitled to

Supplementary Security Income benefits.

 

 

In my last column, I discussed circumstances of re-filing your Social

Security Disability Insurance application at the time of taking an Appeals

Council appeal, while still pursuing that appeal. Let me talk a bit more about

re-filing for SSDI, and then also discuss Supplementary Security Income in

relation to SSDI and Medicaid.

 

 

Re-Opening Claim for SSDI

 

 

Again, as I have discussed in previously, many Multiple Chemical

Sensitivity sufferers have older applications that they did not appeal or tried

to

return to work and dropped their claims. In some circumstances, these

earlier applications can be reopened. If you file a new application for

benefits,

it’s considered a constructive request to re-open any prior claims. If you

re-file within one year of the Initial Denial decision, the claim is

automatically re-opened. The prior claims can also be re-opened if a new

application is filed within four years of the Initial Denial and you submit new

and material evidence that was not available at the time of the original

application or was not obtained and used in the decision. You can also re-open

at any time if there is a severe mental impairment, which prevented you

from acting in your own behalf.

 

 

The advantage of re-opening is that all of the benefits which had accrued

during the original application can be obtained if you are successful, not

just the ones that accrue after filing the new application. This can mean a

fairly large award can be obtained.

 

 

Bear in mind that the time is calculated from the first denial letter you

received on your claim, not the Administrative Law Judge decision or

Appeals Council decision.

 

 

Supplementary Security Income

 

 

In addition to or instead of benefits under SSDI or Title II of the Social

Security Act, you may be entitled to Supplementary Security Income

benefits, or SSI.

 

 

SSI is basically a welfare program and allows people who are disabled and

also are poor enough to fall under the federal poverty guidelines, to

receive benefits if they are unable to work. People over 65 who do not have

other income or resources automatically get SSI.

 

 

An important difference between the SSI benefits and the SSDI program is

that for SSI you do not have to have enough “current credits†in covered

employment or to ever have had a work history. This can be an advantage to

those people who may only have worked a short time, or were homemakers for

many years before becoming disabled, or who did a lot of part time work or

work in which they were paid in cash or were self employed and did not pay

taxes.

 

 

However, to get SSI benefits, you have to also be poor enough, which tends

to preclude people who are married with working spouses. Also, if you are

receiving “in kind†support, such as having your rent covered by a friend

or relative, it will reduce the amount you may receive.

 

 

Another advantage of the SSI benefits is that there is no “waiting periodâ€

between the time you became disabled and first month in which benefits

can be paid. However, there is also no payment for retroactive benefits prior

to the month in which the SSI application is made, whereas with SSDI you

can get retroactive benefits for up to a year before the month in which you

applied.

 

 

Medicaid is available if you are approved for SSI but not Medicare.

 

 

If your SSDI monthly payment is less than the current SSI monthly amount,

you can receive enough SSI in combination with the SSDI to bring you up to

the SSI payment if you otherwise qualify.

 

To be continued.

 

 

 

_Link to Part 1_

(http://www.thecanaryreport.org/2009/10/21/category/contributors/2009/09/24/2009\

/07/22/2009/06/01/multiple-chemical-sensitivity-and-soc

ial-security-disability/) .

_Link to Part 2_

(http://www.thecanaryreport.org/2009/10/21/category/contributors/2009/09/24/2009\

/06/25/multiple-chemical-sensitivity-and-social-securit

y-disability-part-2/) .

_Link to Part 3_

(http://www.thecanaryreport.org/2009/10/21/category/contributors/2009/07/22/mult\

iple-chemical-sensitivity-and-social-security-disabilit

y-part-3/) .

_Link to Part 4_

(http://www.thecanaryreport.org/2009/10/21/2009/09/24/multiple-chemical-sensitiv\

ity-and-social-security-disability-part-4/) .

_Link to Part 5._

(http://www.thecanaryreport.org/2009/09/26/multiple-chemical-sensitivity-and-soc\

ial-security-disability-part-5/)

_Link_

(http://www.thecanaryreport.org/category/contributors/michael-walkup/) to

entire category of columns.

 

 

 

###

 

This series on Multiple Chemical Sensitivity and disability rights is

written by Michael Walkup, attorney at law.

 

 

Michael is an experienced disability practitioner with more than 25 years

experience in the disability law field. In 2001, he became disabled due to

Multiple Chemical Sensitivity (MCS), Chronic Fatigue Syndrome (CFS) and

Fibromyalgia Syndrome (FMS). He now provides a service to advise clients with

potential disability claims who have MCS, CFS and/or FMS. As these programs

and law are usually federal, he is able to practice in all 50 states and,

therefore, represent clients regardless of location.

 

 

Michael is a long time Sustaining Member of the National Organization for

Social Security Claimants’ Representatives, the only national body for

disability representatives. He is also certified as a Federal Trial Lawyer and

is admitted to the U.S. Court of Appeals for Veteran’s Claims.

 

 

Michael would welcome the opportunity to possibly help with disability

claims. For more information, visit his website MCS Legal Help at

walkuplaw.com.

Contact info: email _MJWalkup_ (MJWalkup)

or call 866-880-4878.