How to Apply for Supplemental Security Income (SSI)
If you think you may qualify for Supplemental Security Income (SSI) benefits, you should fill out an online disability report...
Read moreWhen the COVID-19 pandemic struck in early 2020, wearing masks and practicing social distancing became the new normal. Many businesses and offices across the country closed, including Social Security Administration (SSA) field offices. When the SSA closed its field offices in March 2020, it disrupted essential services for millions, including Supplemental Security Income (SSI) recipients.
For seniors, people with disabilities, and others with limited income, monthly SSI payments are essential in making ends meet. As of December 2023, more than 2 million people 65 or older were receiving SSI benefits.
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SSA office closures prevented many beneficiaries from reporting changes in their financial circumstances. As a result, many of them mistakenly received overpayments from the SSA. Once SSA employees began working remotely and resumed assessing overpayments, many recipients saw their SSI benefits suddenly reduced or discontinued altogether.
In response to the reduced or discontinued benefits, a class action lawsuit titled Campos v. Kijakazi was filed in September 2021. The plaintiffs alleged that the SSA had failed to adapt its procedures during the pandemic, leading to unjust overpayment assessments and subsequent benefit reductions or terminations that worsened the financial hardships of some of the nation’s most vulnerable people.
After extensive litigation and negotiations, a settlement was approved in November 2023. Key provisions of the settlement included the following:
In 2025, the SSA will begin to enact these remedies. According to its website, SSI recipients who qualify for a waiver under the settlement will likely receive them by May. In certain cases, people who are eligible for these waivers will not have to take any action. The SSA will send these individuals a notice about the waiver.
For those not receiving this waiver automatically, the SSA will notify them this spring about how to seek one. An SSA online fact sheet regarding the Campos settlement offers additional information.
This settlement represents a significant acknowledgment of the unique challenges faced by SSI recipients during the pandemic. By providing automatic waivers and clarifying waiver processes, the agreement aims to rectify the undue financial burdens placed on vulnerable populations during an unprecedented global crisis.
The settlement agreement is final and does not prevent SSI beneficiaries from appealing an overpayment or pursuing relief.
Advocacy groups, including the New York Legal Assistance Group and Justice in Aging, played pivotal roles in this legal action. They emphasized that the settlement not only addresses past grievances but also sets a precedent for how the SSA should adapt its procedures in future emergencies to protect the rights and well-being of SSI recipients.
The Campos v. Kijakazi case and its resulting settlement underscore the importance of responsive and equitable administrative practices, especially during times of crisis. The relief provided through this agreement offers a measure of justice to those who were adversely affected during the pandemic and highlights the critical role of legal advocacy in safeguarding public benefits.
Navigating the Social Security benefits system can be confusing, but there are resources available. The Social Security Administration has a webpage with basic information about SSI. You can also contact an experienced elder law attorney near you to learn more about this and other government benefits you may qualify for and how to get them.
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Read moreIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MOREIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
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READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
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