Social Security

Update on In-Person Appointments at SSA Local Offices

Social Security Administration logo

On October 22, 2020, the Social Security Administration (SSA) revised the information available on its COVID-19 webpage about who is eligible for an in-person appointment while its local offices generally remain closed to the public due to the pandemic. They divide their instructions into: 1) Those who need help with their benefits; and 2) Those who need help with a Social Security number (SSN).

For those who need help with their benefits:

Generally, SSA will schedule an in-person appointment for those “in dire need situations.” SSA defines a dire need situation as when an individual:

  • Is without food or shelter, including utilities, or is without medical care or coverage and needs to apply for or reinstate benefits from SSA; or
  • Currently receives benefits from SSA and has an urgent need for payment to meet expenses for food, shelter, or medical treatment, and the individual cannot receive a payment from SSA electronically.

For those who need help with a Social Security number:

SSA is prioritizing requests for in-person SSN services for:

  • Individuals age 12 or older applying for their first SSN card.
  • Individuals who need to update or correct their SSN information (such as their name, date of birth, or citizenship) to obtain income, resources, or medical care or coverage, or other services or benefits (for example filing a tax return, applying for housing, or seeking an Economic Impact Payment).

SSA encourages those who don’t fit into one of these priority situations to request a replacement SSN card through an online my Social Security account, or by mailing an application for a Social Security card (Form SS-5) to their local office, along with original documents to prove their identity, with the assurance that these documents will be mailed back to the individual.

However, SSA concedes that since there are “delays processing mail-in SSN card applications, it may take us between two and four weeks to process the application and return the evidence.” In many states, individuals will be punished if they are found to be driving without having their driver’s license on their person, and the law prohibits immigrants from having their immigration documents out of their possession. SSA’s Program Operations Manual System (POMS) contains this warning on the requirements for replacing an SSN card:

CAUTION: Never ask a noncitizen applicant to mail his or her immigration document to SSA. Under the law, noncitizens 18 years of age or older in the U.S. must have immigration documentation in their possession at all times. If they do not, they are subject to fine and/or imprisonment.

Everything you ever wanted to know about “representative payee”

Do you receive monthly Social Security Administration (SSA) benefits?  Do you need help in managing your monthly benefits?  If so, you are not alone. While nearly 68 million Americans receive some type of monthly benefit, almost 9 million need help in managing their personal money affairs. For those who need help, Social Security works with you to choose a person or an organization who knows you and wants to help you. This person or organization is called a “Representative Payee”.  SSA’s preference is still a family member or a close friend. When family and friends are unable to help you manage your money, SSA looks to qualified organizations to fill the void.

What does a ‘representative payee’ do for you?  Your payee receives your monthly benefits and must spend the money to see that your basic needs are met. This includes : housing and utilities; food; medical and dental care; personal care items; clothing; and, rehabilitation expenses (if you are disabled). If you live in a setting such as a group home or nursing home, your payee uses your funds to pay for your cost of care and provide money for your personal needs.  After paying for your basic needs, your payee can use the rest of the money to do things like pay any past-due bills you may have or give you spending money. If there is money left over, a payee should save it for you.

Your payee must keep track of the money they receive and spend on your behalf and report this information to SSA annually.

You and your representative payee should work together to make decisions on how your money is spent. If you can’t agree on how to spend your money, or if you believe your payee is misusing or stealing your money, contact Social Security.  If you think you don’t need a representative payee, contact Social Security.

There are several ways to contact Social Security, including online, by phone, and in person.

Online: www.socialsecurity.gov

Phone: 1-800-772-1213 (toll free, 24/7 access)

Phone (TTY): 1-800-325-0778 (toll free, 24/7 access)

Jackie Gorton is an advocate at Disability Rights Arkansas. Email her at jgorton@disabilityrightsar.org.

H.R. 4547 – Strengthening Protections for Social Security Beneficiaries Act of 2018

H. R. 4547- Strengthening Protections for Social Security Beneficiaries Act of 2018 has now passed both houses of Congress, and is on its way to the President for his signature.  The President has indicated he intends to sign this bill.  As the title of the bill indicates, the purpose of the bill is to strengthen protections for those who receive social security benefits.  To learn more about the bill, here is a one page fact sheet from Congress.gov:  H.R. 4547 Strengthening Protections for Social Security Beneficiaries Act

Press Release from the National Disability Rights Network about Protection for Social Security Beneficiaries

For Immediate Release              

House of Representatives Creates New Protection and Advocacy for Social Security Beneficiaries

WASHINGTON – Last night the United States House of Representative passed H.R. 4547, the Strengthening Protections for Social Security Beneficiaries Act, with a 396-0 vote.

“We would like to thank House Ways and Means Social Security Subcommittee Chairman Sam Johnson and Ranking Member John Larson for spearheading this legislation,” said NDRN Executive Director Curt Decker. “We are grateful for their commitment to protecting people with disabilities from financial exploitation, abuse and neglect.”

H.R. 4547 would increase oversight of the Social Security Administration’s Representative Payee Program. A representative payee is a person who acts as the receiver of Social Security Disability or Supplemental Security Income for a person who is not fully capable of managing their own benefits.

Unfortunately, government investigations – some of which were conducted by our own Network of Protection and Advocacy (P&A) agencies – have uncovered representative payees who have stolen or misused funds, exploited, neglected and even abused the people with disabilities they were supposed to be helping.

H.R. 4547 specifically authorizes P&A agencies to monitor how representative payees are administering the Social Security funds. P&As could also offer legal advocacy to any individual whose representative payee was found to be mishandling the benefits.

“We believe need for independent oversight of the Representative Payee Program is clear,” continued Decker. “This powerful oversight role will help ensure people with disabilities are protected and have access to advocates if it is found their payees are breaking the law or not acting in the best interests of the beneficiary.”

The bill now goes to the Senate.

“There are almost 8 million people who have representative payees,” said Decker. “It’s imperative that the Senate pass this bill swiftly so we can begin providing needed monitoring and oversite of the program and provide critical assistance to the people who need it.”

 

The National Disability Rights Network (NDRN) is the nonprofit membership organization for the federally mandated Protection and Advocacy (P&A) Systems and the Client Assistance Programs (CAP) for individuals with disabilities. Collectively, the Network is the largest provider of legally based advocacy services to people with disabilities in the United States.

What Does a Periodic Review of My Disability by Social Security Mean?

Once you start receiving Social Security disability benefits (SSI and/or SSDI), Social Security will periodically review your disability status to determine whether you are eligible to continue receiving benefits.  How and when these reviews take place can vary.  As long as you continue to have a qualifying disability, your health condition has not improved and you remain unable to work, your benefits should not cease; however, this will be determined by the review.  To answer some basic questions about this process, Social Security has developed the following brochure:  What You Need To Know: Reviewing Your Disability.