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Charlotte Social Security Disability Blog

What happens I receive overpayment of my SSI benefits?

North Carolina residents who receive Supplemental Security Income through the Social Security disability program will be approved after they have met all federal requirements. Once qualifying for benefits, it is possible that an SSI recipient will be overpaid at some point. Receiving more money than the person should have is considered overpayment. It is essential that the SSI recipient understand what to do if there is an overpayment, as there may be serious ramifications of certain steps are not taken.

An overpayment can come about for a variety of reasons, including earning more than the initial estimate, changing living situations, changing marital status, having more resources than what is allowed, not having the same disability that led to the approval of benefits, not reporting a change to the Social Security Administration, or the SSA failing to accurately calculate what the person was supposed to receive.

Can SSD benefits be obtained for inflammatory bowel disease?

There are certain illnesses that a North Carolina resident might possess that will preclude him or her from being able to work. These medical conditions do not necessarily need to be issues that will be terminal, as they can be of sufficient severity that they prevent an individual from working. When there is this type of illness, it is worthwhile to consider filing for Social Security disability benefits for illness. One of these illnesses, and one that can wreak havoc on a person's life, is inflammatory bowel disease (IBD). Those who are diagnosed with IBD should consider filing for SSD benefits.

IBD can have many effects on an individual, and its definition for SSD purposes includes ulcerative colitis and Crohn's disease. Disorders that fall under IBD can have similar medical findings and treatments. There are multiple symptoms of IBD. They include bleeding from the rectum, diarrhea, fecal incontinence, pain in the abdomen, feeling fatigued, having a fever, experiencing nausea and vomiting, as well as developing a mass in the abdomen that is usually inflamed loops of bowel, perineal disease, and abdominal tenderness. When laboratory tests are done, there might be weight loss, edema, and other problems, too.

Fibromyalgia and chronic pain could keep you from working

When you are unable to work due to a medical condition or injury, you know that not only can this be a physically painful time, it can be a direct threat to the well-being of your North Carolina family. The inability to work compromises your ability to provide for your family, and this can be very stressful during an already difficult time.

Thankfully, there are various legal options available to individuals who are unable to hold gainful employment due to medical conditions or serious injuries. One of these options is to file for disability benefits. You have the right to pursue this type of financial support for various types of disabling conditions, including chronic pain disorders such as fibromyalgia.

Knowing when to apply for Social Security disability benefits

When a person in North Carolina has an injury, illness, or condition that has led to a disability, it is important to know when and how to successfully apply for Social Security disability benefits. The easy answer that most believe to be the clear strategy is to file the application as soon as he or she becomes disabled. However, some make the mistake of failing to realize that they are eligible for SSD benefits or think that the process is too difficult. By answering certain questions, though, a disabled individual may find him or herself comfortable with moving forward with the process of applying for SSD benefits.

First, a claimant must determine whether he or she meets the Social Security Administration's requirements to receive disability benefits. Generally speaking, the disability must last for a minimum of 12 months. Often, it is not blatantly clear that the disability will last that long, which can make it difficult to satisfy this requirement. The guidelines for each specific disability can be complicated, and a person who thinks he or she does not meet them might, in reality, meet them.

What are the rules for adults with a disability since childhood?

When disabled children in North Carolina reach adulthood, there might be concerns as to what will happen to their Social Security disability benefits. The Social Security Administration has certain rules for people who fall into this category, and they should be understood in order to prevent unwanted consequences. For those who are receiving benefits from Social Security Disability Insurance (SSDI) and their disability started prior to age 22, the disability and the benefits will be viewed as a "child's" benefit since it is still on the record of the parent and their Social Security earnings.

A disabled adult must have the following to continue receiving the "child's" benefits: one of his or her parents must be receiving Social Security retirement or disability, or a parent must have died and worked for a sufficient time-period to get Social Security. An adult who is disabled at 18 can also get these benefits if they received benefits as a dependent before turning 18.

Will getting a loan affect my Supplemental Security Income?

North Carolina residents who are receiving Supplemental Security Income through the Social Security disability program have been approved based on meeting certain federal requirements. This includes having an income and resources that fall below a certain level, being blind, or being over 65. It can be somewhat confusing to understand the nuance of finances and how it can affect one's ability to qualify for SSI benefits. For example, there may come a time when an individual might need to take out a loan. A loan can affect SSI benefits. It is imperative to know how.

A loan is something that the SSI recipient gets from a person or an institution that is to be paid back later. There are no rules for the loan details being in writing or by oral agreement other than that it must be an agreement that can be enforced under the law. A loan can range from cash, food, shelter, or something that is used as part of the shelter, like paying utility bills.

Supplemental Security Income and the dedicated account

When disabled individuals in North Carolina are children under the age of 18 and the are receiving Supplemental Security Income through the Social Security disability program, they will have a representative payee who oversees the disabled person's funds. A dedicated account must be opened when the child is set to receive a large past-due payment. Generally, this is for payments that cover more than six months at the benefit rate as it currently stands. Past-due payments will be deposited into the dedicated account. There are restrictions on the representative payee's ability to use these funds.

With the dedicated account, there are certain requirements that must be adhered to. It must be separate from the account that is utilized for the regular SSI benefits the person receives per month, and it can only be a savings, checking, or money market account. There can be no commingling of funds apart from past-due SSI. The account is not allowed to be in a certificate of deposit, stocks, trusts, bonds, or mutual funds. And the title must indicate that the child is the owner of all money in the account, including interest.

Woman appeals decision to stop her SSD benefits

For those in North Carolina who are seeking or already receiving Social Security disability benefits, it is important to keep an eye on those who are in a similar situation and were either denied Social Security or had SSD benefits taken away after receiving them. Since Social Security disability is a federal program, any issue that happens in another state can be just as important to people in North Carolina.

One of those issues recently arose for a 27-year-old Tennessee woman who has suffered from disabilities since she was a child. Her conditions have ruined all attempts on her part to hold a job. Yet, despite her debilitating condition, she was informed that she will no longer get SSD benefits. According to her, she has a birth defect in her digestive system and requires the use of an inhaler for breathing. She was ruled disabled in 2012 and received a variety of benefits, including Supplemental Security Income and Medicaid. When her case came up for a mandatory periodic review several months ago, she was told that her benefits would cease.

Does lupus keep you from working? You have options

Lupus is an autoimmune condition that affects many North Carolina residents, but no two cases are the same. It is impossible to predict how your case of lupus could impact your daily life, but at some point, you may find that it affects your ability to do your job and fulfill your job duties.

At some point, you may not be able to get out of bed or even make it to the office. When you are no longer able to hold gainful employment because of lupus, you may have a valid claim for disability benefits. Autoimmune diseases are qualifying medical conditions, and if you believe that you have a claim to support, you would be wise to take quick action to learn more about your rights and options.

Social Security backlog leaves many in North Carolina waiting

Given the shortfall in workers the Social Security Administration has dealing with claims, there is a backlog of more than one million people who are waiting for an adjudication. Those who have already applied or are planning to apply for SSD benefits should be aware of this as they move forward with the process.

The average wait time for people seeking SSD benefits has reached two years. The problem for many applicants is that they will not live long enough to have a hearing on their claim. Another issue is that rejections are common when people first apply, making it necessary to appeal, which takes more time. In North Carolina, there are numerous people who are currently facing this situation. The adjudication process is not clear cut, so there can be a difference from one SSA worker to the next as to whether an application for benefits will be approved. This, too, is a problem. Statistically, the majority of individuals who file an appeal after having their claim rejected will have that decision reversed, resulting in the recovery of benefits.

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