Social Security Disability Benefits:

The Art and Science to Working with The Social Security Administration

Presenters: Steven C. Rhatigan, Principal

Kim Salerno, Director of Benefits

Producer: Michael Larson, Client Liaison

May 14, 2013

1717 St. James Place ■ Suite 205 ■ Houston, Texas 77056 ■ 713.572.1717 Main

1054 Canal Blvd ■ Suite 2 ■ Thibodaux, LA 70301 ■ 985.227.4019 Main

At Archer Consulting, we design, implement and manage lifetime

care plans for people with unique needs.

We carefully coordinate each person’s legal, medical, financial,

governmental, vocational, residential and educational requirements

into a rational and viable plan.

This unified approach eliminates much of the frustration so many

families encounter when caring for a person with lifetime care

needs, and assures that their loved ones receive access to the level

of services they deserve…for a lifetime.

Notification Archer Consulting Group, LLC. does not offer legal advice or services. No

one here is an attorney, nor is anyone likely to become one. None of the

following information is intended to replace, supplant, usurp, supersede, or

in any way cause your attorney to become aggravated by its contents.

We merely wish to provide you with good information and the motivation to

use it properly in your planning efforts.

The Archer Consulting System

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The Special Needs Planning Model

The Special Needs Planning Model

The Special Needs Planning Model

The Special Needs Planning Model

In 2011, they exceeded

the 2013 estimates in:

Hearings

Overpayments

Reconsiderations

SSI Applications

SSI Redeterminations

Social Security benefits for workers (SSDI)

Social Security benefits for

adults disabled since childhood (RSDI

Supplemental Security Income

(SSI) for children and adults (SSI)

Types of Disability Programs

Disability for an Adult (Over Age 18)

Both Social Security and SSI

Must have a physical or mental impairment (or combination

of conditions);

Inability to perform substantial work activity;

Disability must be expected to last 12 consecutive months or

result in death;

We consider age, education and past work activity.

SSI Benefits for Adults

Resource limits

— $2,000 for individual

— $3,000 for couple

We count

— bank accounts (CDs, IRAs)

— second car

— stocks and bonds, 401Ks

— liquid assets

— property other than where you live

We don’t count as resources

— home in which you live

— first car

— burial plots

— some resources set aside for burial

People who qualify for SSI also qualify for Medicaid

Who gets Social Security Disability Benefits?

Unmarried children, under 18 or under 19, if in high

school full time (also adopted, and some step);

Unmarried son or daughter, 18 or older, if disability

started before 22;

Your spouse, if he or she is caring for a child of yours

who is under 16 or disabled and also receiving checks;

Disabled widow or widower age 50 or older;

You can qualify if you have worked long enough and

recently enough under Social Security.

The Application Process

When you apply for benefits, we will ask you to:

Describe your disabling condition;

Give us information about where you have received treatment for

your disability;

Give us information about your medications;

Give us information about your education and past work history;

Authorize release of your records to be used in making the disability

decision.

What Happens Next

Social Security will forward your application to the state Disability

Determination Services (DDS) agency;

The DDS will contact your medical providers to obtain your

medical records;

The DDS may ask you to provide additional information about

how your condition affects your daily activities.

And Then What?

If adequate information is available in existing records, along with

your statements, the DDS will make a decision; or,

The DDS may ask you to have a special examination at our

expense if more information is needed about your disabling

condition.

If Your Claim Is Allowed

We will send you an award notice that explains:

When your benefits start and your monthly benefit amount;

Information you need to report to us (Examples: work activity,

medical improvement);

When your case will be reviewed;

What to do if you have any questions.

If Your Claim Is Denied

You will get a letter explaining our decision:

You may appeal the decision within 60 days after you receive our

notice;

You will need to update information that has changed.

There is a 5 step analysis: Is the person working? Does the disability significantly limit the person’s ability to do basic

work activities: (for example walking, sitting, seeing, and remembering)

If the person’s medical condition is considered severe, the SSA will look at its list of disabling impairments to consider automatic qualifications.

If the person’s medical condition is severe but is not on the list, the SSA will examine further when the person can possibly work in the future, based on past work history.

If none of the above criteria are met, the SSA will consider whether the disability will affect the person’s ability to sustain work at the “substantial gainful employment” level in the future.

Common Reasons for Failing to Qualify

¤ The single most common reason for failing to qualify for benefits

is a failure to submit information to permit SSA to determine that a

person has a disability within the meaning of the SSA rules.

¤ If possible, the physician should review the definition describing

your child’s disability as set forth in the SSA regulations to make

sure the report contains the language that Social Security

requires.

Conclusion

It is important to assess a child’s need for government

programs as early as possible.

It is imperative to explore all potential government

benefits according the needs of the child.

It is imperative that you work with advocacy

organizations, doctors and other professionals to

obtain appropriate documentation.

It is imperative to have proper estate planning and

consider the use of a special needs trust to protect a

child’s assets to government benefits.

Review

Revise

Strengthen

The Dynamic Plan

If You Need A Little Guidance

Action Step

Call for a no obligation meeting at our offices.

713-572-1717

We will spend an hour or so, at no cost; listen to

your unique story to better understand your hopes,

desires, goals and needs.

You will also have the opportunity to be fully briefed

on the extent of our services and how we might work

with you to design, implement and maintain your

lifetime care plan.

Thanks for attending and we look forward

to hearing from you in the near future.

Archer Consulting ArcherConsulting.com

(713) 572-1717