SSA Misinformation

There are a variety of benefits that may be available if you become entitled to receive Social Security Disability (“SSD”) benefits. The Social Security Administration (“SSA”) does not provide those benefits automatically, but requires applications to be filed to receive them. Moreover, either intentionally or unintentionally, the SSA frequently provides misinformation about the availability of these additional benefits. 

I represent a claimant who received SSD benefits starting in March 2008, but whose children’s benefits did not start until 2013. The claimant never received a letter from the SSA advising him to file an application for children’s benefits when he was approved for SSD benefits, and proved that he had problems receiving mail at that time. The claimant was also told by the local Social Security that there were no other benefits available for him besides his SSD. 

After I obtained a remand from the Appeals Council, I persuaded the ALJ to reverse his original decision. As a result, the ALJ ruled that the claimant was entitled to receive an additional five years of children’s benefits. As the claimant is now gravely ill from his disability, hopefully the decision will provide some solace.