Social Security Disability (“SSD”) and Supplemental Security Income (“SSI”) are two programs available from the Social Security Administration (“SSA”) that may play an important role in an elder law practice.
Available to a blind or disabled worker who:
20 C.F.R. §404.315; 42 U.S.C. §423.
Available to an aged (65 or older), blind or disabled individual who:
20 C.F.R. §416.202.
The Presumed Maximum Value Rule: When an SSI recipient has received food or shelter from an outside source, rather than determine the actual value of food or shelter received, Social Security will presume that the combined payments for food and shelter have a maximum value, which is the one-third of the federal benefit amount, plus $20. 20 C.F.R. § 1140; POMS SI 00835.300. Only the federal benefit (as opposed to the state supplement) is reduced.
Levels of appeal from an adverse determination:
Forms may be obtained online from www.ssa.gov.
Disability is determined based upon the sequential analysis set forth in 20 C.F.R. §404.1520. According to the sequential analysis, a determination of disability is based upon a five-part analysis of criteria. The first two criteria are as follows:
If these latter questions are answered affirmatively, then the claimant is disabled according to vocational factors, even though the claimant has not satisfied the medical listing.
For additional information regarding Social Security Disability and Supplemental Security Income, call us at 908-232-7400 or click here to contact us online.