November 21, 2018

3 FACTORS THAT COULD DETERMINE IF CHILDREN WITH DIABETES QUALIFY FOR SOCIAL SECURITY DISABILITY

How does the Social Security Administration determine what is and isn’t a disability for a child with diabetes?  The SSA does not list Diabetes as a “Listed Impairment  for adults (a condition that automatically is considered a disability); only some of the complications qualify. (To learn about adult Diabetes and SSA, click here.)

But for children, it’s not a simple yes or no.

The Social Security Admin takes a somewhat different approach to awarding disability benefits to Juvenile Diabetics than adults.  When our clients that come to us to help them file their disability claims for their children, we look at the 3 factors that will determine the outcome.

THE 3 DETERMINING FACTORS FOR DIABETIC CHILDREN WHEN FILING FOR DISABILITY BENEFITS:

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NEW PHISHING SCHEME IS TARGETING SOCIAL SECURITY DISABILITY RECIPIENTS

A new scheme is targeting social security recipients nationwide. The Social Security Administration (SSA) and the Office of the Inspector General(OIG) received reports of “imposter phishing” nationally.

Social security disability recipients are targeted by scammers who call pretending to be a Social Security employee. The imposter cautions the recipient that their social security account has been hacked, and warns them that the agency is freezing their SSN assets. The caller asks the recipient for their SSN, alleging that they need the information for verification.

“Although these ‘phishing’ scams occur with greater frequency it is hard to imagine how anyone could prey on unsuspecting disability recipients” says Martin L Hoffman, a Social Security Disability attorney in South Florida. “We warn our clients never to give out their personal information to anyone on the phone. Call our office if you suspect that you might have been a target of one of these calls and we will help you in any way we can.”

WHAT CAN YOU DO TO PROTECT YOURSELF AND YOUR BENEFITS:

The FTC offers these tips on how to deal with these government imposters:

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SAME SEX MARRIAGE AND SOCIAL SECURITY BENEFITS

In 2013, the U.S. Supreme Court struck down federal discrimination against same-sex spouses, then in 2015, it struck down state marriage bans on same sex marriage. Before the Supreme Court rulings, the Social Security Administration (SSA) denied spousal and survivors benefits to same-sex spouses.

IF YOU ARE IN A SAME-SEX MARRIAGE, OR IF YOUR SPOUSE PASSED AWAY, THE TIME TO FILE FOR YOUR SOCIAL SECURITY BENEFITS IS NOW

We strongly recommend that anyone in a same-sex marriage, who did not submit applications for spousal or survivors benefits before the Supreme Court decisions because they either did not believe they were entitled to them or because the SSA discouraged them from filing, to file immediately.

If you had filed but were denied benefits due to non-recognition of a same sex marriage, you will generally be allowed to reopen the denial based upon these Supreme Court rulings.

WHO IS ELIGIBLE?

Spousal benefits allow a husband or wife to receive up to 50% of a spouse’s Social Security benefits.  The one claiming spousal benefits must be age 62 or older. His or her spouse must be eligible to receive Social Security retirement benefits.

A widow or widower 60 or older (50 or older if disabled) is eligible for survivor benefits if you were married at least nine months. However, there’s no age limit if you’re caring for dependent children under age 16. Your children also would receive 75% of their father’s benefit through age 18 (or older if disabled) as long as they are unmarried. They can collect until age 19 if attending elementary or secondary school full-time.

If you have any questions or need assistance with your appeal, call an experienced Social Security attorney. If you live in South Florida, call our office at 305-653-5555.