- SSI recipients are entitled to Medi-Cal benefits when found disabled;
- SSD recipients receive Medicare coverage but must wait up to 24 months after they become disabled before those benefits actually start.
- Lawful permanent residents may face special challenges to obtaining benefits from either program.
- With SSI, only the individual who is disabled can obtain benefits; with SSD, the child of someone who has earned enough work credits can qualify
- You can work and earn money while receiving benefits from either program but the allowable earnings limits for SSD recipients are much higher than the limits for SSI recipients
- If you work while a claim is pending, many rules can apply. Generally, you can work up to three months and it not hurt your claim, particularly if you cannot continue working due to your disability. However, there are complex rules governing work efforts that last over 6 months, and all work efforts to some degree. For example, if you try to work, Social Security can view that effort as showing good motivation, but they can also see it as proof you can work if you try hard enough. It is a difficult area, and each case is somewhat individual in nature, so a case-by-case consideration is needed, preferably by an attorney.
- Bias can be a huge obstacle.
Unfortunately, it still exists. Our firm attacks that bias wherever we find it and has successfully represented a broad spectrum of immigrant clients, including adults who grew up in times of war and who are now experiencing mental disabilities because of it. Many attorneys do not aggressively attack bias of ALJs, but that cannot be said about this office. Where an injustice has been done, we will help that person wronged by the system in whatever way needed. The fight against unfair and unjust practices continues, and it will continue in this office when necessary to help people.
- Lack of education and language skills can also be a problem. In fact, many immigrants who don't speak English or understand the SSA's rules will give up on their claims after being denied benefits. Our lawyers speak for you and may even be able to speak directly with you in your native language. We speak Spanish, Lao and Cambodian. We also offer translation services for Hmong-speaking clients. In fact, Attorney Bosavanh is the first Lao attorney in the central valleys to pass the California Bar exam and work here and has been instrumental in applying her special understanding to the process. For example, she has been able to see and expose to SSA and the ALJs just how problematic the interpretation of English can be for SEA and other ethnicities.
- Cultural barriers may be present as well.
For instance, in some cultures it is not polite to look someone in the eye when you are speaking to them. Unfortunately, if you do not look an Administrative Law Judge in the eye when you speak, they can easily misinterpret that as an attempt to lie or conceal something. We work closely with our immigrant clients so that we can identify those barriers and do something about them. Years of experience in working in ESL people groups has helped this firm greatly in working with these people and helping their disabilities get translated and represented in a proper cultural context, and Attorney Bosavanh's impact has heightened this presentation to a new level.
- Reconsideration:
You want the SSA to look at your case again, either by looking at your file, or by meeting with you in a conference or hearing. If you think the amount of overpayment is wrong or the reason the SSA gives for the overpayment is wrong, reconsideration may be your best option.
- Payment arrangement:
If you think that the overpayment was your fault or you can afford to pay it back, you can make that arrangement. You may be able to pay the money back a little at a time.
- Waiver:
You can ask the SSA for a waiver, so that you do not have to pay back the money. A waiver can be used if the overpayment was not your fault and you cannot afford to pay the money back, or if the overpayment is very small, or if it would be against equity or good conscience for the government to seek the money. To ensure you try everything, which could possibly help, you should both timely protest the overpayment and should seek a waiver (separate forms) — whether you can get a lawyer to help you or not.