Category: Let's talk
I have a member I represent that is trying to work while on SSI. This person is also on section eight housing and the housing authority found ut that this person's family was giving this person Christmas and birthday gifts of money. This member does not know what will happen to their benefits if they find out they are working. Do any of you have any information on this? Can they take away this person's housing benefits or SSI benefits for working? This person earns about $300 a month from working. Would the union be able to do anything on this person's behalf to help the situation? This person wants to continue to work and does not want to leach off government benefits, but this person can only find limited work due to their disability.
I'm no expert by any means but from what I understand, a person can earn no more than $80 per month and keep his SSI benefits. SSDI is different but for SSI, no he can't have any extra income.
Most likely, the SSA will require that he pay this back. They'll probably require that he submit documentation showing his income, i.e. bank statements etc. Then they'll take a percentage of his SSI check in addition to any tax return until the money has been paid back.
I don't know that the union will be able to help because it will require taking on the SSA.
Your client is in a pickle and I hope it works out for him.
Thank you so much for the information. It could also effect this member's section eight housing as well. We are trying to get congress to change these regulations, but we will see. It is wrong for someone to be criminalized for trying to better themselves.
The reason why it is that way, is because they don't want people taking advantage of the system. No matter what they do, someone always will, but that makes it more difficult to do so.
Well what I don't understand is why if this member was on SSDI this member could work and make up to $1000 a month earned income, why then can't this member work under SSI? Makes no sense and the system needs to be changed.
It's because SSI and SSDI are made for different reasons. I believe SSDI is for those who used to work but for some reason, they are either unable to work their job again, or are forced to leave their job for a time because of an injury. I have to do more research on that matter.
Runner, you're correct.
Also if a persons parent worked and paid, but that is a large legal discussion I'm not prepared to do here.
Now, the person on SSI does have a right to claim some expenses for the extra money they
've earned. Gifts are not counted, because they can't be proven hopefully, and are not on going income.
Your person should seek free legal help. Asking for it from the NFB ACB or even looking online for legal help can help greatly.
It is unfortunit, but this person has brought this issue on themselves by not using the rules from day one to work for them. Even for persons on SSI and housing their are rules that help them so they can earn extra money.
Even getting the case changed from SSI, to SSDI or another program would help.
My member is trying to better their life, this person had no idea that they would be punished for it. My member was trying to work unlike so many others who just collect these government funds and sit on their asses all day.
Yes, when I needed to use the SSDI, I did not know if I could either. A NFB attorney, actually is who that was I believe, explained SSDI as basically an insurance claim on your disability based on how much you've paid into the system. There is a cap: I could only get a certain amount even though according to the system I was worth more, but I could also work.
Anyway, I suggest rather than talk to us, you seek the advice of an attorney. You're dealing with a legal situation here and it's just like your business or anything else, the services of an attorney are well worth what you pay for them. If you have no representation, it won't matter how good your case is, plus an attorney knows how to talk to other attorneys.
You ever been in a situation where two or more computer professionals are discussing what went wrong with your computer? Sure, you could have had the guy you know, who knows a little bit, take a look at it for you. But you can tell the guys who do this for a living are actually managing the situation from a professional standpoint. Same things happens with the medical stuff. Basically here's the truth: adults use professional people for things that require professional services. I know there's been a backlash from your grandparents' day when people just blindly trusted the professional, and to a certain extent both extremes are bad. But just like you wouldn't ask a mechanic to pull your tooth, this computer guy is never gonna give you legal advice, except to say seek out the services of an attorney, and one who understands government benefits.
Also probably anyone who deals with the social services things can help you on this one.
Yes, very well said, I guess my goal here is to get information from others who might have had it happen to them, get a point of view from someone who has been in this situation.
It's a very difficult situation to work around, but the person has to make a choice. They can't remove funds from the person's account, but they can cut what they receive for the next month. The person is required to share all their account and banking information with Social Security, and if they do not spend enough after they have over $2,000 total income, it will be cut. They probably won't care to look at every single transaction, but if they notice more money is going in than going out, it'll be something that they will watch.
Should I tell this member to maybe put extra funds in a trusted family member or friends account so that it will not be seen?
Yes, SSDI is based on how many work quarters you have, and how much you've paid into the system. If you get SSDI, I think you can work and make up to about 1,790 a month and still keep it. Don't quote me on that number, but I believe that's what it is. SSI is strictly income based, so the second you start earning income, it will effect your benefits. There are formulas for how they calculate that, but you'd have to talk to someone, or look those up on Social Security's website.
Has the person in question been working for awhile now without reporting it to Social Security? If they have, there will be a penalty. Social Security will consider that they have overpayed this person, since they were earning income on top of their SSI. That means Social Security will demand repayment, and will start taking it out of their benefits if they still have any, or possibly their wages, if they're making too much to keep SSI. So the longer it goes without the income being reported, the greater the overpayment.
I understand your friend is trying to work, unlike many people. I respect that. But there's a reason for the term, "disincentive to work," and this is one example of it. I used not to understand that term, but the system as it stands really does discourage people from getting off of it. I wish it were different somehow.
It sure does, it is very discouraging. My member has been working for about a year. The thing is, Social security has not found out, but the people at section eight have. The system needs to be changed. And people wonder why disabled people don't work or have low self esteem.
Eventually Social Security will find out because of the IRS filing by the employer.
When I was in college, I didn't realize I couldn't work while receiving SSI so I got a workstudy job as part of my scholarship. I filed income taxes and then had my SSI garnished until the overpayment was paid back. They took $25 out of each month's payment. Boy was I glad to be done with SSI.
Yes, it is discouraging but that's the system we currently have an trying to get around it by hiding income, etc, is only going to screw your client harder in the long run. Just my humble opinion.
Once they catch wind of anything fishy, they're gunna be in your client's business like the cream in a Twinkie so he would do well to get everything straightened out rather than continue to try to find ways to hide his additional income.
Uffta, well the labor movement is now being made aware of this issue, and maybe we can make some changes. Worth a try anyway.
It's really not worth hiding anything. I wish your client the best of luck, and if he/she gets a great enough paying job there is no need to have SSI anyway.
I too, made a mistake with working and SSI, and now I am paying them back a fairly large overpayment. Your client should have reported their earnings to Social Security the second they started making them, because yes, once SSA finds out, the SSI he/she got during that time will have to be repaid.
Can my member have their section eight housing benefits taken away due to not knowing they had to report their income?
as has been said, you should really be asking professionals who deal with this sort of situation, rather than zoners who don't know the full story, and can only give general advice.
Yes I have said so too and agree. Situations are different and it really depends. You can't discuss a legal matter when you don't have all the facts.
You want to get advice from someone that has been through it, but that person's situation will be different. The best advice is to get professional advice. Don't do that and you suffer, not because of the system, but because you don't know the rules and things you can use.
You can work and receive SSI and even housing, but you or your person needs to know the rules.
I have no idea about Section 8. I never had it and the clients that I did worked through the housing authority to get it so that's something I never learned anything about.
And if for some reason, by some way they find out that you are helping this person and telling them false information, that it's ok if you hide your earnings some where else, you could get in big trouble too. It's not worth the risk.
Naw. She can't get in trouble for telling them what she thinks to be the case. If she wants to actually help them she will advise legal help, but just for telling some one something no.
People say what they think all the time. If the person has issue because of what she told them they'll know better next time not to listen to her. Smile.
This is how it works in my state, and I believe it is the same in all states. You can earn up to $85.00 per month, after that 50 cents from each dollar earned is deducted from your SSI check, at $300.00 per month, the over payment would be $107.50 per month, $1290.00 over payment for one year. For a blind or legally blind person, they count net income, not gross, also there are deductions you can claim for transportation, lunches, equipment purchased to aid you in your job. You may have to point these things out to social security, otherwise you will not get these deductions and they will count gross income rather than net. You would need some documentations to claim the deductions, this late in the game that may be a bit of a problem. Bottom line, the over payment will need to be paid back, SSI checks may be greatly reduced because of not reporting income earlier. People should do their research before going to work while on SSI, it is a bit deceiving, they tell you that you can earn up to 1700 dollars or whatever it is, and still keep your benefits, what they don't tell you is that you will have a reduceed check by 50 cents on the dollar. You may also lose food stamps, energy assistance, etc. Sometimes you end up with less working than you would have not working because of the loss of various benefits which is discouraging. The problem is in my opinion is that most blind people cannot get a good enough paying job to make it worth going to work, the disruption in income can cause problems when it comes to keeping up with bills. The reduction in checks due to money earned may not be seen in your checks for two months down the road, giving people a false sense of security, and when you stop working your benefits will be affected for two months after you stop working, so it is wise to put back the extra money you earn when you first start working to be prepared in case you can no longer work for whatever reason.
Wow, this is quite a messed up system.
Yes, it is my friend, I agree with that. Must I point out by reading your post, how is working against the system of any help to you or to me or two anyone of your members? Is it not better to work with the messed up system to fix it rather then to criticize them and to throw mud at them as many have done to you here? Are your values good or evil? I had the idea that they were helpful motives? Is it not better in that way to act helpfully as well and not mean spiritedly? or do you not agree with me?