Monday, December 19, 2011

Why File a Concurrent Claim in San Francisco?

There are 2 disability programs run by the Social Security Administration (SSA):

(1) Title II, Retirement, Survivors and Disability Insurance (RSDI) and

(2) Title XVI Supplemental Security Income (SSI).


The Basics:

RSDI is a form of insurance. Workers pay into this system through taxes and recover based on work credits. SSI, on the other hand, is need based. Work history is not considered.


When disabled workers apply for both in San Francisco it is called a concurrent claim. This is common. In some situations, applicants who receive both kinds of benefits may have to offset their award to avoid double payment.

  • For example, an applicant who receives SSI benefits will have future RSDI payments reduced to prevent an overpayment. The amount of reduction is known as an “offset.” The amount of the offset is the difference between the SSI payment and the RSDI benefits.


Why Offset?

Remember, SSI is a need based system. As a policy, the SSA treats a person receiving RSDI benefits as rising above the need required by the SSI.


Why apply for both?

Many applicants who apply for both RSDI and SSI benefits can begin receiving payments sooner. Consider the following situations.

(1) RSDI benefits usually cannot start until 5 months after the disability period begins. Social Security disability benefits begin the sixth month after the date the applicant became disabled.

(2) SSI, on the other hand, has no 5 month waiting period and payments may begin as soon as a month after the applicant became eligible.

(3) In this case, an applicant receiving concurrent benefits will get SSI benefits first. When RSDI benefits kick in (5 months later), the SSI payment would stop.

(4) SSI also allows for “presumptive conditions,” meaning without having proof. An example of this is blindness. Applicants can receive cash payments for up to 6 months while the formal disability determination is made for blindness.

If it is later determined that the individual is not disabled, he or she is not required to refund the payments.

Disability Group, Inc. was founded on the principles of dignity and respect. We are a national law firm focused exclusively on helping people receive the Social Security Disability benefits they deserve. For more information about Social Security, or to see if you qualify for benefits, visit us at www.socialsecuritylaw.com.

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