Counsel’s Corner

A. PWDF Has Noted More than the Usual Number of Supplemental Security Income (SSI) Disability Benefit Cessations Without the Legally Required Pre-Termination Hearings. B. This is Among a Complex Analysis of 84 Federal Programs.

By Steven Bruce, PWDF Legal Director

A. PWDF has noted more than the usual number of SSI disability benefit cessations without pre-termination hearings, which have been legally required since the US Supreme Court case of Goldberg v. Kelly, 397 U.S. 254 (1970). Some of these cases sound very unusual; e.g., we have a 64 year old client who received a redetermination questionnaire from the Social Security Administration (SSA) in the mail asking about her mother’s assets, which are irrelevant. Our client states it is the first time in decades that the redetermination was not done verbally, over the phone or in person.  She states she has schizophrenia and a bipolar disorder and needs her psychiatrist to tell her what is ok to sign. She has never been engaged in an appeal process. She was informed her SSI checks were terminated since November 2020.

Other notices to clients from the SSA have been coming in to PWDF stating that because the claimant did not provide all of the requested information for their annual SSI redetermination, their benefit checks have been terminated.  It is true that SSI has income and resource eligibility requirements, which are checked by the SSA once a year or every two years.  During the last year, however, when there has been a COVID-19 pandemic, there appears to be a major uptick in the number of SSI terminations without the required pre-termination hearings, even if by telephone, which SSA often refers to as a “conference.”

Yet another unusual annual SSI redetermination involves the SSA misstating the amount of food and/or rent that is provided to an adult claimant with schizophrenia as a basis to reduce his SSI check by the one-third reduction rule, which states that if someone on SSI receives either food and/or rent as “in-kind support,” their check will be reduced. This claimant does pay rent and does not receive food from landlord/mother, who uses her son’s SSI benefits to pay for his food and rent, which is a representative payee’s job. The SSA gives a very complicated analysis for monies for medical needs, housing needs and food stamps aka SNAP aka Cal Fresh in California. The latter three are a function of average household expenses and income, not assets owned by one person, as is done for someone on SSI.

We hope the SSA is not taking advantage of severely mentally disabled individuals during a time when they are more vulnerable and have a difficult time submitting this information and then, more importantly, not comporting with constitutionally mandated pre-termination hearings, which violates Fifth Amendment due process.

B. Additionally, using other formulas for medical care, housing, and food stamps, which are based on total household income and expenses, and the state’s contribution to SSI (known as SSP) make for more complex calculations. The SSA in 2006 acknowledged 84 federal means-tested assistance programs. See the SSA’s own analysis on SSA.gov at https://www.ssa.gov/policy/docs/ssb/v67n4/67n4p71.html. In this context, the claimant who has schizophrenia and his mother, the representative payee, have been DENIED any consideration of their three requests for reasonable accommodations so as to understand SSA notices (starting in June 2020) so this SSI beneficiary can have equal [meaningful] access to the SSI program. After being found disabled he was informed his benefit checks would cease in May 2020. He was not told why or what was needed to be reinstated. (See previous article in PWDF Spring/Summer 2020 e-news. http://www.pwdf.org/v41-ssa-no-reason-given-for-cessation/.)

PWDF Profile

Who We Are

People With Disabilities Foundation is an operating 501(c)(3) nonprofit organization based in San Francisco, California, which focuses on the rights of the mentally and developmentally disabled.

Services

Advocacy: PWDF advocates for Social Security claimant’s disability benefits in eight Bay Area counties. We also provide services in disability rights, on issues regarding returning to work, and in ADA consultations, including areas of employment, health care, and education, among others. There is representation before all levels of federal court and Administrative Law Judges. No one is declined due to their inability to pay, and we offer a sliding scale for attorney’s fees.

Education/Public Awareness: To help eliminate the stigma against people with mental disabilities in society, PWDF’s educational program organizes workshops and public seminars, provides guest speakers with backgrounds in mental health, and produces educational materials such as videos.

Continuing Education Provider: State Bar of California MCLE and Commission of Rehabilitation Counselor Certification.