Presenting a live 90-minute webinar with interactive Q&A Divorce Cases Involving Social Security or Social Security Disability Income: Implications for Spousal and Child Support Navigating Complex SSI and SSDI Rules; Structuring the Divorce Agreement to Maximize Benefits TUESDAY, MARCH 14, 2017 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific Today’s faculty features: Seth D. Kramer, CFLS, Attorney, Law Office of Seth Kramer , Marina Del Rey, Calif. Karen T . Kugler, Partner, McGee Kugler Family Law , Osseo, Minn. The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10 .
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Divorce & Social Security Benefits By: Karen Terese Kugler, Esq. and Seth D. Kramer, Esq.
Explanation of Social Security Benefits There are two main types of social security benefits related to disability: – Social security disability insurance (SSDI) • For individuals with enough work credits • Provides a greater amount of monthly income . – Supplemental security income (SSI). • For individuals without sufficient work credits • Provides a much smaller amount of monthly income . – Some individuals that are not fully eligible for SSDI may receive benefits under both the SSDI and SSI programs. 6
Explanation of Is It SSI or SSDI? Social Security SSI SSDI Benefits Disability benefits are based on Disability benefits are based What is it? financial need on prior work and work credits Work history? Party did not work very much and does Party has worked 5 out of the not have enough work credits last 10 years before application This chart is a for benefits summary of the Approximate Maximum of $735 per month (for Varies based on work credits… but higher than $735. 2017) benefit amount difference between the The average benefit is $1,111 per month programs. SSDI is Additional cash No Yes sometimes called RSDI, benefit for children for retirement, The date the party made an application The date the disability began Date benefits begin for benefits survivors, and disability Asset Limit Individuals generally are not eligible for No insurance. The terms SSI if they have resources in excess of $2,000 (or RSDI and SSDI are $3,000 for a couple). Certain resources are excluded, most used interchangeably. commonly a home, an automobile, and household goods and personal effects Yes No Reduced by earned For example, a person whose income However, if the earned income income? consists of $500 in gross monthly is too high this may trigger a termination of benefits earnings would receive $527.50 in federal SSI payments (($500 - $85) / 2) = $207.50 countable earnings FBR $735 - $207.50 = $527.50 federal 7 SSI
Explanation of Social Security Benefits: The Process of Obtaining Benefits Step 1: Initial Application • The party applies for SSI, SSDI, or both, either in person at their local SSA office or via the web. • A SSA worker will be assigned to the party’s case and is supposed to obtain copies of the medical & vocational records for the party. • The party may be asked to attend an Independent Medical Examination (IME) or Special Examination to determine if they are disabled under the rules. • The worker reviews the record and determines if the party is eligible for benefits. It is extremely common for parties to be rejected at this stage. • 8
Explanation of Social Security Benefits: The Process of Obtaining Benefits Step 2: Request for Reconsideration • If the worker rejects the party’s claim, the party receives a notice and then has 60 days to make a “Request for Reconsideration.” • A SSA worker will have the party update their information, will review the file with this additional information, and will determine if they believe the party is eligible for benefits. • Just as with the initial application, it is extremely common for parties to be rejected at this stage despite severe disabilities. 9
Explanation of Social Security Benefits: The Process of Obtaining Benefits Step 3: Hearing with Administrative Law Judge (ALJ) • If the party is denied benefits at the Request for Reconsideration stage of the process they can request a hearing within 60 days of the denial. • The party’s best chance of receiving social security disabilities is likely at the hearing stage of the process. • It is very beneficial if the party has a social security law attorney to represent him or her in this process. The hearing is held in front of an Administrative Law Judge (ALJ) and the hearings generally last 1 to 2 hours. The party will testify and be asked questions by his/her attorney and the ALJ. There may also be a medical expert and a vocational expert present who may testify. 10
Explanation of Social Security Benefits: The Process of Obtaining Benefits Step 4: Appeal to Appeals Counsel or Federal District Court. • After the hearings level of the process, a party can appeal to the appeals counsel and then can file a case in Federal District court, but this is not especially common. 11
Explanation of Social Security Benefits You cannot obtain social security disability benefits for temporary disabilities • In order to qualify for SSI or SSDI, an individual must be unable to engage in substantial gainful activity (SGA) by reason of a medically determinable physical or mental impairment expected to result in death or last at least 12 months. • This means that in order to qualify for social security disability the impairment in question is usually a permanent and severe one. • Five states (California, Hawaii, Rhode Island, New Jersey & New York), Puerto Rico, and the railroad industry have programs that partially compensate a party for the loss of wages caused by temporary, non-occupational disability or maternity. Those programs are known as temporary disability insurance (TDI) because the duration of the payments is limited. Federal law does not provide for a federal-state insurance system for short-term disability. 12
Explanation of Social Security Benefits: How Eligibility Is Determined • Option 1: Meets the Listings – 20 CFR Part 404, Subpart P, Appendix 1. – Each listing describes in detail the level of medical impairment necessary for each medical condition 13
Explanation of Social Security Benefits: How Eligibility Is Determined • Option 2: Equals the Listings – Often parties have a number of different medical conditions that cause them to be disabled, or alternatively their condition is equal in severity to a similar listing but does not exactly meet the definition in the listings. – In this situation, a party can receive benefits based on medically equaling the listing or combination of listings. 14
Explanation of Social Security Benefits: How Eligibility Is Determined • Option 3: Vocational Impairment – 20 CFR Part 404, Subpart P, Appendix 2 – Often parties cannot meet or equal a medical listing, but they are unable to work due to the restrictions they have due to a disability. – In this situation the Social Security Administration will analyze if the party is able to engage in substantial gainful employment (SGA). 15
Issues Specific to Divorce Back Pay & Assets Attributable to Soc. Sec. Benefits • A significant period of time may elapse between the application for benefits (or onset of disability) and the award of benefits. • When benefits are finally awarded, the party will usually receive “back pay” for monthly benefits that accrued during this time period. • The back pay amount can be substantial, especially in SSDI cases. 16
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