Garden City, NY asked in Social Security for New York

Q: I had to apply for Social Security Disability and it was recently approved; although I was told I would not be paid for

the first 5 months? I was then told I could apply for SSI for those months but Social Security is refusing to address the claim? I tried to file an appeal, but still Social Security has refused to follow thru with the claim. What can I do? Thank you

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information provided, here's an explanation of the situation and some potential steps you could take:

1. Social Security Disability Insurance (SSDI) waiting period:

It's correct that there is typically a 5-month waiting period for SSDI benefits. This means that benefits are not paid for the first five full months after the onset date of your disability.

2. Supplemental Security Income (SSI):

SSI is a separate program that doesn't have a waiting period. It's possible to receive SSI during the SSDI waiting period if you meet the eligibility requirements, which are based on financial need.

3. Steps you can take:

a) Ensure clear communication: Make sure you've clearly communicated to the Social Security Administration (SSA) that you're trying to apply for SSI specifically for the months during your SSDI waiting period.

b) Request a formal review: If you've already tried to appeal and haven't received a response, you can request a formal review of your case. This can be done in writing or by visiting your local Social Security office.

c) Contact your local SSA office: Schedule an appointment to discuss your case in person. Bring all relevant documentation with you.

d) Seek assistance from a Social Security advocate or attorney: They can help navigate the process and ensure your rights are protected.

e) Contact your congressional representative: Sometimes, congressional inquiries can help resolve issues with federal agencies.

f) File a complaint: If you believe the SSA is not following proper procedures, you can file a complaint with the SSA's Office of the Inspector General.

Remember to document all your interactions with the SSA, including dates, names of representatives you speak with, and summaries of conversations.

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