Social Security Disability &
  Special Needs Planning News from
 Sheri R. Abrams, Attorney at Law,
 Partner at Needham Mitnick & Pollack, plc

Picture of Sheri Abrams
In This Issue
Changes That You Need To Tell Social Security About
Certain Members of the Military Can Receive Faster Claim Processing for Social Security Disability Benefits

Upcoming Events!  



5th Annual Positive Aging Fair:

On March 22, NMP will be Sponsoring a table at the 5th Annual Positive Aging Fair from 8:30 am to 3:00 pm at the Jewish Community Center of Northern Virginia.  The fair includes exhibits, workshops and a  keynote speech by Judith Martin (Miss Manners).  Click here for more information.




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Issue: # 44March 2012
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Welcome to our newsletter.


You may have been added to our e-mail newsletter mailing list if you have been in contact with Sheri R. Abrams, Attorney at Law or the Law Firm of Needham Mitnick & Pollack, PLC.


These monthly newsletters are designed to show you how not to gamble with your or your patients/clients Social Security Disability and/or SSI benefits.  We also provide you with information on Special Needs Planning.


You may unsubscribe by clicking on the link at the end of this e-mail.


Changes That You Need To Tell Social Security About


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While the Social Security Administration (SSA) frequently conducts reviews to make sure that people who receive Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) are still eligible for those programs, there are also times when a beneficiary is responsible for notifying the SSA of a change. These mandatory reporting events usually occur around major life changes and can often be overlooked.


One of the most important notification requirements is for beneficiaries to tell the SSA if they move. The SSA needs to know where beneficiaries live in order to send important notifications that could affect benefits. If a beneficiary misses a notification that calls for action, it could result in a loss of benefits.


In addition, out-of-state moves can radically change the amount of a beneficiary's SSI award because states have different methods of calculating benefits. If a beneficiary moves from a state with a lower cost of living into a state with a higher cost of living and doesn't tell the SSA, the beneficiary could be owed money they do not know about.


The death of a beneficiary also triggers an automatic reporting requirement. But on top of this, beneficiaries must also report the deaths of people living with them because the size of an SSI beneficiary's family and the earning power of the people in that family can affect SSI benefits. In certain cases, a beneficiary can receive an increased SSDI benefit when a parent or spouse passes away.


There are some other, less obvious changes that require a beneficiary to file an immediate report. Beneficiaries must report changes in income and assets, including reporting if there are changes in assistance the beneficiary was receiving to help pay for bills or housing changes.  Marriage and divorce also need to be reported because the SSA factors in spousal income and resources when calculating benefits.


Beneficiaries must also tell the SSA if they become the beneficiary of a Special Needs Trust. This could happen suddenly (when a relative dies and leaves money to the beneficiary in a trust that was previously unfunded) or it could be expected (a final personal injury settlement). Either way, the SSA should hear about the trust and receive a copy of the document.


According to the SSA's internal rules, a beneficiary is responsible for notifying the SSA in writing of these important changes within 10 days from the end of the month in which the change occurred. So, if a beneficiary moves in January, the beneficiary has until February 10th to let the SSA know. It's important to keep track of correspondence with the Social Security Administration, so the notification should always be sent by certified mail return receipt requested.


The actual monetary penalty for failing to file the report itself is very small and is not always assessed, but a much larger problem may occur.  If the SSA learns of a change in circumstances that would have reduced the benefit received by a disabled person, then the SSA can recoup the improperly paid benefits from the recipient, and there is no limit to the amount that can be recovered.


So, if a beneficiary fails to report a change in circumstances that would have resulted in a $100 reduction in his monthly benefit and the SSA finds out about the change five years later, that beneficiary owes the government $6,000.  The end result is usually a further loss of benefits because the government will garnish the beneficiary's award in order to recover the improperly paid funds. On top of this, the bureaucratic nightmare that ensues when the SSA attempts to calculate the amount owed can take months, or even years, to sort out while the beneficiary remains unsure of what money they may owe and what their monthly benefit may be in the future.


The Attorneys at Needham Mitnick & Pollack, plc can help make sure that you comply with all of the SSA's reporting requirements.  


Certain Members of the Military Can Receive Faster Claim Processing for Social Security Disability Benefits


Members of the military who were injured while on active duty since October 1, 2001 are eligible for expedited processing of their Social Security Disability applications. This is the case regardless of whether the injury occurred in the United States or elsewhere.


The Department of Disability Determination (DDS), the agency that is contracted by the Social Security Administration (SSA) to make disability-related decisions, will process these cases as a priority.  Should the service person receive a denial at the initial level of the application process, the expedited processing will apply throughout the SSA's appeals process.


Keep in mind that Social Security Disability benefits are completely separate from any benefits that can be applied through the Veteran's Administration.


Service persons who are applying for Social Security Disability Benefits should review the SSA publication, "Disability Benefits for Wounded Warriors."


Sheri Abrams' Book "Don't Gamble With Your Social Security Disability Benefits--What Every Virginia Resident Needs To Know To Win A Social Security Disability Case" Is Available.

Picture of Book 
For more information please click here to see our Press Release.  
You can also download a free copy of the book at our websites:








The law firm of Needham Mitnick & Pollack, PLC, is located at:


NMP's Office Building 


400 S. Maple Avenue
Suite 210
Falls Church, VA 22046
(703) 536-7778



This is in downtown Falls Church and the office has plenty of free and accessible parking.



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If you know of someone who could use my legal services or any of the other members of the law firm of Needham Mitnick & Pollack, PLC, please forward to him/her this e-mail newsletter or give him/her our telephone number: (703) 536-7778.


We provide legal services in the areas of Social Security Disability Law , Elder Law, Wills and Trusts, Probate, Trust Administration, Powers of Attorney, Advance Medical Directives, Guardianships, Long Term Care Planning, Disability Planning, Medicaid Eligibility, Veterans Benefits and Special Needs Trusts.
If you, or someone you know, is involved with an educational event or support group that would benefit from a presentation on any of the areas of law for which we provide legal services, please call us at (703) 536-7778.