Disability Law

This information is from the National Organization of Social Security Disability Claimants' Representatives:

The economic stimulus legislation enacted in February 2009 provides a one-time payment of $250 to nearly all Social Security and SSI beneficiaries who were eligible for a benefit payment in any one of the following months: November 2008, December 2008, or January 2009. SSA made these payments in May 2009.

What happens if the individual is found eligible for benefits after May 2009? For example, an individual receives a favorable ALJ decision in September 2009, retroactive to an application filed in January 2008. Based on the language in the legislation, this individual is eligible for the one-time $250 payment, since the legislation allows one-time payments to be made until December 31, 2010.

SSA has issued POMS instructions covering these individuals. POMS GN 02820.100. According to the POMS, SSA will perform regular ?catch-up? runs throughout 2009 and 2010 to pay newly eligible beneficiaries and will send a ?catch-up? notice about the payment to these individuals. With these runs, SSA will capture individuals who are newly eligible, e.g., a favorable appeal decision and individuals previously excluded.

The catch-up runs will occur as follows: (1) Each month, starting in June 2009; and (2) Bi-monthly in 2010 and ending December 31, 2010.

A new POMS section also has been issued to cover beneficiaries who refuse the one-time payment. POMS GN 02820.080. Instructions are provided if the beneficiary wants to ?gift? the funds to the U.S. government or apply the funds to an existing overpayment. Checks cannot be endorsed to the U.S. Government, but must be cashed and a new check or money order used to make the payment.