Exeter resident pleads guilty to Social Security fraud – Fosters.

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The problem with SSI is that any income and assets you receive over the allowable limits, which are not much, will reduce your benefits.
In addition, you must tell Social Security about what you have. This is where the criminal part comes in. If you disclose and Social Security keeps paying you, then you have an overpayment situation. But not a criminal problem. Once you fail to disclose, then you are in dangerous territory.

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There are two different Social Security Disability programs.

They are called Social Security Disability Insurance (“SSDI”) or Title II, and SSI or Supplemental Security Income.

You must have worked enough quarters in five of the last ten years to be eligible for Social Security Disability.

The advantage of SSDI is that you can work part time and have unlimited assets without reducing your Social Security benefits.

SSI is an income and asset sensitive program. In other words, your SSI benefits are reduced for your income or household income and if you have too many assets then your SSI can be stopped.

When you apply for disability you are asked if you want to apply for SSI.

In most cases you will want to say yes.

There is no penalty to you if apply for SSI and then later are not eligible.

There may be a penalty to you if do not apply for SSI at the time of your application.

For example, if you would have benefited from SSI after being found disabled and did not apply at the time of application then you will lose some benefits.

It could make a difference because Social Security Law says that you cannot be paid regular Social Security Disability benefits for the first 5 months after your onset of disability.

However, you are entitled to SSI for 4 of the first 5 months.

This is the reason you should apply for SSI at the time of your application.

Need help with your Social Security Disability application? Feel free to contact Illinois Social Security Disability Attorney Dirk May at 309-827-4371.


Social Security is complicated.

There are many rules and laws that can trip you up.

One is the Date of Last Insurance requirement.

You must work and pay into Social Security to be eligible for Social Security Disability.

If you were not in the work force, or worked in a job where they did not take out Social Security taxes then you cannot get Social Security Disability.

Some examples, are stay at home spouses, some State University employees, or you have a sporadic work record.

The basic rule is that you must have worked enough quarters in 5 of the last 10 years.

Your date of last insurance tells you the date before which you must prove disability.

For example, if your date of last insurance is December 31, 2011 and you are found disabled as of August 31, 2011 then you are entitled to your monthly Social Security Disability benefits.

If you are found disabled as of February 1, 2012, then you are not entitled to any Social Security Disability benefits.

Sounds harsh, but those are the rules.

Just another reason you should file as soon as possible for your Social Security Disability.

For those not eligible for Social Security Disability, you may still qualify for SSI.

Questions about this confusing mess? Feel free to contact Illinois Social Security Disability Attorney Dirk May at 309-827-4371.


Yes, I represent people in Children’s SSI cases.

Not many lawyers do these type of cases.

They are difficult cases to win.

Maybe because Judges do not like the cases, or they are used to seeing adult cases that focus on ability to work.

In a child’s case you must prove marked limitations in 2 areas out of 6, or extreme limitations in 1 area out of 6.

The areas cover physical limitations and mental or emotional limitations.

Just being in special education classes is not enough.

You must show that the child is at the extreme end of the spectrum within the special education grouping.

Examples might be extreme classroom problems, serial suspensions, extreme drug abuse, several hospitalizations for mental problems, or severe asthma.

Questions about children’s SSI cases? Feel free to call Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

What the vocational expert says during your Social Security Hearing is very important. It can make the difference between winning and losing your case.

For that reason alone I think you should seriously consider hiring a lawyer to represent you in your Social Security Disability case.

I have mentioned before that there is no cost unless you win your Social Security case, and then fees are limited to 25% of back benefits or $6,000 whichever is the lower amount. Compared to your lifetime benefits and Medicare coverage the fee is a very small amount.

The concern is that vocational expert can make it look like you had transferable skills that may not be correct, or testify that your limitations will allow you to perform a line of work that will make you not disabled.

For more information regarding Vocational experts and Social Security Disability please call me, Attorney Dirk May at 309-827-4371.

There are reports that the proposed Federal Budget for this fiscal year will allow Social Security to hire an additional 5,000 to 6,000 workers by the end of the year.

This would allow a large number of workers to assist with more Social Security Disability cases, if they were assigned to the appropriate sections.

However, it takes time to hire the workers and train them and start them working.

This means that cases backlogs and delays will not automatically go away. The other factor is that more cases may be filed than in the past because of the bad economy and a larger number of people filing disability claims.

The bottom line is that the wait for Social Security Disability hearings will continue to be anywhere from two to three years for the near term.

Questions or comments about delays and what can be done? Call Attorney Dirk May at 309-827-4371.

It usually is a long hard road till you have your trial and get your decision from the Social Security Judge.

But the day will eventually come. And after you win several things will happen. 

You will receive a notice, typically within 30 to 60 days. It will tell you when you will receive your first monthly check and the amount. In some cases you may be entitled to SSI payments also. Your local Social Security office will contact you to set up a meeting to review your financial information to determine whether you are entitled to SSI.

If you had any minor children during the onset of your disability the Social Security Administration will want to make sure they receive benefit payments and back benefits.

You may also want to set up direct deposit arrangements for your monthly Social Security Disability payments.

Finally, once you are eligible for Social Security Disability medicaid will be available to most people, and eventually you will be eligible for Medicare.

Give me a call if you have any questions about the Social Security Disability process: Central Illinois Social Security Attorney Dirk May at 309-827-4371