Kirsch & Clark, Attorneys at Law

  • Lawyers & Staff
  • Disability
    • What We Can Do for Your Disability Claim
    • Frequently Asked Questions: Social Security Disability
  • Free Social Security Disability Consultation
  • Disability Client Update
  • Elder Law, Medicaid Planning, Small Estates Planning and Wills
  • Helpful Info
    • News
  • Contact Us
  • Pay Your Bill

Social Security is making it harder for the vulnerable and disabled to obtain benefits

March 20, 2025 By kirsch.clark

Social Security is making it harder for the vulnerable and disabled to obtain benefits they are eligible for.  This is the Social Security blog post:

Social Security Strengthens Identity Proofing Requirements and Expedites Direct Deposit Changes to One Day

March 18, 2025 • By Social Security Administration

Social Security Strengthens Identity Proofing Requirements and Expedites Direct Deposit Changes to One Day

Reading Time: 2 Minutes

Last Updated: March 18, 2025

Social Security Administration Seal

The Social Security Administration (SSA) is taking proactive steps to enhance the security of its services by implementing stronger identity verification procedures. The updated measures will further safeguard Social Security records and benefits against fraudulent activity. Over the next two weeks, SSA will carefully transition to stronger identity proofing procedures for both benefit claims and direct deposit changes. Individuals seeking these services who cannot use their personal my Social Security account, which requires online identity proofing, will then need to visit a local Social Security office to prove their identity in person. At the same time, the agency will expedite processing all direct deposit change requests – both in person and online – to one business day. Prior to this change, online direct deposit changes were held for 30 days.

“Americans deserve to have their Social Security records protected with the utmost integrity and vigilance,” said Lee Dudek, Acting Commissioner of Social Security. “For far too long, the agency has used antiquated methods for proving identity. Social Security can better protect Americans while expediting service.”

The agency’s two-week transition plan includes training frontline employees and management about the new policy and careful monitoring of policy compliance. At the conclusion of the transition period, on March 31, 2025, SSA will enforce online digital identity proofing and in-person identity proofing. SSA will permit individuals who do not or cannot use the agency’s online my Social Security services to start their claim for benefits on the telephone. However, the claim cannot be completed until the individual’s identity is verified in person. The agency therefore recommends calling to request an in-person appointment to begin and complete the claim in one interaction. Individuals with and without an appointment will need to prove identity before starting a transaction. Individuals who do not or cannot use the agency’s online my Social Security services to change their direct deposit information, can visit a local office to process the change or can call 1-800-772-1213 to schedule an in-person appointment.

SSA recently required nearly all agency employees, including frontline employees in all offices throughout the country, to work in the office five days a week. This change ensures maximum staffing is available to support the stronger in-person identity proofing requirement.

SSA plans to implement the Department of Treasury’s Bureau of the Fiscal Service’s payment integrity service called Account Verification Service (AVS). AVS provides instant bank verification services to proactively and timely prevent fraud associated with direct deposit change requests.

The agency will continue to monitor and, if necessary, make adjustments, to ensure it pays the right person the right amount at the right time while at the same time safeguarding the benefits and programs it administers.

People who do not already have a “my Social Security” account can create one at www.ssa.gov/myaccount/.

*****

If this will be a burden on you.  It will also be a barrier to you receiving the benefits you are entitled to.  I urge you to join me in contacting your Senator and Representative in Congress. 

Paul Clark

STATE OF WASHINGTON REPRESENTATIVES

US SENATORS:

SENATOR PATTY MURRAY           https://murray.senate.gov/

                                                            (202) 224-2621 D.C.

SENATOR MARIA CANTWELL     https://cantwell.senate.gov/

                                                            (202) 224-3441 D.C.

US REPRESENTATIVES:

REPRESENTATIVE MICHAEL BAUMGARTNER (5th Dist)     https://baumgartner.house.gov/

         (202) 225-2006 D.C.

REPRESENTATIVE DAN NEWHOUSE (4th Dist)                       https://newhouse.house.gov/

                                                                                                         (202) 225-5816 D.C.

STATE OF IDAHO REPRESENTATIVES

US SENATORS:

SENATOR MIKE CRAPE                 https://www.crapo.senate.gov/

                                                            (202) 224-6142 D.C.

SENATOR JAMES RISCH                https://www.risch.senate.gov/

                                                            (202) 224-2752

US REPRESENTATIVES:

REPRESENTATIVE MIKE SIMPSON (2nd Dist)                             https://simpson.house.gov/ 

                                                                                                            (202) 225-5531 D.C.

                                                                                                            (208) 334-1953 Boise

REPRESENTATIVE RUSS FULCHER (1st Dist)                             https://fulcher.house.gov/

                                                                                                            (202) 225-6611 D.C.

                                                                                                            (208) 743-1388 Lewiston

                                                                                                            (208)667-0127 Cd’A

Filed Under: News

Social Security Announces Improvements to Address Overpayments

March 22, 2024 By kirsch.clark

Martin O’Malley, Social Security Commissioner, has been very pro-active in improving procedures for claimants and their representatives.  He’s the best we’ve seen in many, many years!  

Commissioner O’Malley will be ending the heavy-handed practice of intercepting 100% of an overpaid beneficiary’s monthly Social Security benefit, and will now withhold only 10%.  Procedures will shift the burden of proving no fault in overpayment away from those persons receiving benefit.  Also, it is now easier to request waiver of overpayment if individuals believe they are without fault and/or without the ability to repay. 

Soon, Social Security hopes to create a way for employers to share payroll data to reduce the number of overpayments to those on SSI but who are working part-time. 

Filed Under: News

Discounted Internet Access: Affordable Connectivity Program

January 15, 2024 By kirsch.clark

The Affordable Connectivity Program is a program of the Federal Communication Commission (FCC) that gives a discount for internet access to low income households.  The government is trying to help. 

Benefits:  

  • Up to $30/month discount for internet services
  • Up to $75/month discount for households on qualifying tribal lands
  • One-time discount up to $100 for a laptop, desktop computer, or tablet purchased through a participating provider

Who is Eligible? 

  • Households with income below 200% of the Federal Poverty Guidelines
  • Households with at least one member in any of the following programs: SNAP, Medicaid, Federal Public Housing Assistance; VA pension or Survivor benefits, SSI, WIC, or Lifeline
  • Households with at least member who participates in Tribal-specific programs: BIA General Assistance, Tribal TANF, Food Distribution Program on Indian Reservations or Tribal Headstart (income based)
  • Participates in free or reduced price School Lunch program or School Breakfast program
  • Receives a Pell Grant during current award year
  • Meets eligibility criteria for a participating broadband provider’s existing low-income internet program

For more information call 1-877-384-2575 or

http://FCC.gov/ACP

https://www.getinternet.gov/apply?ln=RW5nbGlzaA%3D%3D

Filed Under: News

How to get your Social Security Statement

September 26, 2023 By kirsch.clark

Your Social Security statement is a helpful record of your earnings. It will also tell you whether you are disability insured, your monthly benefit if found disabled, and your monthly benefit at retirement. In the past, about a third of our clients have had difficulty accessing their statement because of financial history questions asked by the website in the process of creating an account. Fortunately, there is a new way to access the information in your account.

To create an account or sign into my Social Security (my Social Security | SSA), you have the option to access your information with a new or existing Login.gov account or with a new or existing ID.me account.

To create a Login.gov account, you will need to provide your:

  • Email address.
  • Password (create one).
  • Second factor authentication method (such as receiving a code via text message to your mobile phone number).

To access my Social Security with a Login.gov account for the first time, you will need to provide your:

  • Full name.
  • Social Security Number.
  • Home address.
  • Date of birth.
  • Phone number.

To create an ID.me account, you will need to provide your:

  • Email address.
  • Password (create one).
  • Second factor authentication method (such as receiving a code via text to your mobile phone number).
  • Driver’s license, state-issued ID, passport, or passport card.
  • Most recent home address.
  • Birth date.
  • Social Security Number.
  • Selfie.
  • Phone number.

Please be aware that while you have a current disability claim pending, this information may not be available to you.

Filed Under: News

Work and Disability Claims

February 6, 2023 By kirsch.clark

The Social Security Administration administers two programs for disabled individuals: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).  Both SSDI and SSI use the same medical standard to determine who is disabled.  They differ on non-medical parts requirements. 

SSDI provides benefits to disabled individuals who have enough past work to be insured for disability.  While working, FICA taxes are withheld from wages.  Part of those taxes is a premium for disability insurance.  Generally, a person must have worked five of the last ten years before becoming disabled to be insured (a different rule applies to people under age 30).  In some cases, disabled adult children and widows or widowers can receive disability benefits based on the work of a parent or their deceased spouse. 

SSI makes cash payments to aged, blind, and disabled people (including children under 18) who have limited income and resources.  No prior work history or contributions to an insurance fund are necessary. 

Both SSDI and SSI have built in work incentives. 

SSDI Work Incentives

Before the Social Security Administration decides you are disabled you can attempt to work.  During the first 12 months you are disabled, if you perform what Social Security calls “substantial gainful activity” (SGA) you will most likely lose your claim.  SGA is $1620 a month in 2025.  

In some cases we can argue the work in the first 12 months is an Unsuccessful Work Attempt.  The work must last less than 6 months and end because of your condition or because of the elimination of special services or assistance you received which you needed to work.  If you are working again after applying for disability call Kirsch and Clark to discuss your work and earnings. 

After the first 12 months of disability (and no work!), if you have applied for SSDI, you may be eligible for a trial work period.  A trial work period is up to 9 months during which you can work and still receive a disability benefit regardless of how much you earn.  If you earn $1,160 or more in gross wages in a month in 2025 that will be a trial work month.  After 9 trial work months, Social Security can use your earnings as evidence you are not disabled.  During a trial work month, you can earn any amount (even over SGA) and your earnings will not be used as evidence your disability has ended (but, Social Security can use other evidence, like medical records, to show your disability has ended). 

SSI Work Incentives

SSI does not have a trial work period.  However, SSI has other work incentives. 

In 2025, the maximum monthly SSI benefit is $943.  This may be reduced by countable income you receive.  Countable income is things like gross wages you earn; the value of free food and/or shelter provided to you; a spouse’s earnings, other income like VA disability or retirement, pensions, Workers Compensation, unemployment benefits, etc. 

SSI does not count the first $65 of earned income in a month.  SSI will count half of the remaining earnings.  During the first 12 months after you become disabled but before SSI is awarded, if you earn more than $1620 (in 2025) per month (gross wages), you will be denied SSI.  In 2025, after SSI decides you are disabled, you can earn up to $1,998 in a month (gross wages) and still receive $1 of SSI and be eligible for Medicaid health coverage. 

This is different if you also have unearned income like SSDI benefits or household income. 

An example will make this clearer.   Suppose Gladys, a single person, was found disabled and eligible for SSI starting January 2024; SSI is her only income.  In January 2025 she finds a part-time job which pays $1000 a month gross wage.  SSI ignores the first $65 and subtracts half of the remaining earnings from the monthly SSI benefit.  $1000 – $65 = $935; Half of $967 = $483.50; $967 – $483.50 = $483.50.  In the end, Gladys will earn $1000 and SSI will pay her $483 for a total monthly income of $1483.  She is much better off working this job than if she only had SSI. 

Generally, at Kirsch and Clark, we encourage our clients to attempt to work if they can.  In most cases you will be better off working than on SSDI or SSI benefits.  If you attempt to work, and it is unsuccessful, it is evidence to strengthen your disability claim.  However, we need to know about the work to be able to evaluate it in your individual situation.  Please call to discuss your work plans with Mr. Clark. 

            If you earn SGA ($1620 in 2025) during the first 12 months of your disability you may potentially jeopardize your SSDI or SSI claim.  If you are working you must send copies of your monthly wage stubs or other record of your work and earnings to Kirsch and Clark. 

            This is a complicated area of disability law.  This handout does not cover all work incentives or rules regarding work and disability.  Please call Kirsch and Clark if you have questions.  You can also consult the Social Security web page for additional information.  https://www.ssa.gov/pubs/EN-05-10095.pdf  or https://www.ssa.gov/disabilityresearch/wi/generalinfo.htm

Filed Under: News

Social Security Wait Times Hit Record High While Administrative Costs are at Record Lows

November 8, 2022 By kirsch.clark

The Social Security Administration’s average wait time for an initial disability decision hit an all-time high in August 2022 of more than six months, or 198 days — almost three times higher than it was a decade ago. The AARP recently noted wait times of about 31 minutes on Social Security’s 800 number, about 10 times longer than they were in 2012. Meanwhile, the average disability claimant today waits more than two years for a final decision, while more than 10,000 people die each year without an answer, the nonpartisan organization said in its letter. Experts says that much of SSA’s ability to keep up with their workload will depend on Congress’ upcoming continuing resolution to keep the government funded into the next fiscal year. Budget cutting has squeezed SSA’s operating budget from an already low 0.9 percent of overall Social Security spending in 2010 to just 0.6 percent in 2021. Plainly speaking, they give out $99.40 dollars in benefits to people, for every $.60 they use to keep the organization running. Compare this amount to health insurance companies, who commonly spend up to 20% of their collected funds on administration — for every $80 they spend paying your medical bills, they keep $20 to keep their organization running. If you are concerned, please contact your members of Congress.

Filed Under: News

Study Concludes Earlier Representation Helps Claimants and the Social Security Administration

September 22, 2021 By kirsch.clark

Authors and researchers, Hilary Hoynes, Nicole Maestas, and Alexander Strand, recently examined the value of legal representation for claimants and the Social Security Administration and found the following results:

  • When lawyers submit claimants’ initial application for disability benefits, they increased the probability of an award of disability at the initial level (without having to appeal) by 23%. 
  • When lawyers win benefits for claimants earlier, it saves money for the Social Security Administration who will otherwise pay staff, outside medical and vocational experts, and adjudicators as the case progresses through appeals and a hearing. 

At Kirsch & Clark, a growing number of our Social Security clients join us at the initial level.  In 2020, we helped 60% of our clients file an initial claim for benefits.  The other 40% were in various stages of appealing a denial.  We have had good success in resolving cases at the initial level, so that benefits can be received earlier.  We take pride in submitting detailed applications with the relevant information so that the Social Security Administration can make the right decision earlier. 

Filed Under: News

Kirsch & Clark completes a will and trust during a pandemic

April 10, 2020 By kirsch.clark

While we frequently do wills and trusts for people with small estates, doing them during a pandemic has been a little different. Paul completed a customized will and trust with input from the client, mostly by email and phone. Paul, wearing a face mask, hands a disinfected clip board with the final will and trust to a client in our office driveway. Client brings her own pen. Gretchen (generally working from home now) came to witness the signing of the will. Sue (taking picture), also witnesses. Will and trust accomplished! No virus spread!

Filed Under: News

Economic Impact Payments and SSI

April 6, 2020 By kirsch.clark

The Commissioner of the Social Security Administration posted this on 4/3/2020:

The Department of the Treasury (Treasury) announced on April 1 that Social Security beneficiaries who are not typically required to file tax returns will not need to file an abbreviated tax return to receive an economic impact payment. The Internal Revenue Service (IRS) will use the information on the Form SSA-1099 to generate $1,200 economic impact payments to Social Security beneficiaries who did not file tax returns in 2018 or 2019.

The Treasury, not Social Security, will make automatic payments to Social Security beneficiaries. Beneficiaries will receive these payments by direct deposit or by paper check, just as they would normally receive their Social Security benefits.

Please note that we will not consider economic impact payments as income for SSI recipients, and the payments are excluded from resources for 12 months.

Kirsch & Clark also found this additional information:

Economic Impact Payments will not be taken away to reduce overpayments; however, they can be taken away to pay overdue child support.

Filed Under: News

  • 1
  • 2
  • Next Page »
8.3Paul Lawrence Clark

Proud Member of NOSSCR

© Copyright 2025. Made with by Wovax.