How A Wrongful Cerb Claim Hurts Your Valid Disability Claim
Your biggest asset in any disability claim is your credibility. As I have discussed previously, telling the best story is the key to winning your disability claim. The key to telling the best story is to avoid doing things that make you look like the stereotypical disability cheat.
The disability cheat is a powerful negative stereotype in Canada. The disability cheat is someone who is lazy, blames others for their problems, and is dishonest. I cannot stress enough how even one hint of dishonesty can destroy an otherwise valid disability claim.
When you misrepresent your situation to get the CERB, you are being dishonest and destroying your credibility. Even if it was always your intention to pay the money back later, you will still be tainted by the dishonesty.
If you are waiting for approval of your disability claim or appealing a denial, you can expect to be totally denied if the insurance company learns that you wrongfully received the CERB. If the insurance company sees that you were dishonest about your CERB application, they will view you as being dishonest with your disability claim. Any questionable part of your claim will be viewed in the worst possible way. They will deny your claim knowing that this damage to your credibility will make it very hard for you to win at trial, even if you are otherwise entitled to benefits.
The Retroactive Lump Sum Payment From Cpp Disability May Cause An Unexpected Tax Bill
If you win CPP disability benefits, you will get a one-time retroactive lump sum payment in addition to ongoing monthly CPP disability payments. For example, it is common for people to get CPP retroactive payments of $10,000 to $20,000. This retroactive payment is taxable income. If the full amount is applied to your taxes on the year you get it, it is possible you will have a tax bill.
Even worse, you will owe most of the retroactive payment to the insurance company, so you could be left with no money to pay the taxes owing! This doesnt happen often, but can happen if you have other sources of income or if you have a large retroactive payment for past CPP disability benefits.
Read on below to see how you can avoid to fix this tax problem.
So should you avoid these problems by simply not applying CPP disability? That would be BIG MISTAKE for you. Here is why
If Your Family Circumstances Or Size Changes:
Every non-dependent adult household member is expected to pay a minimumcontribution to the rent of 30.
Custom and practice is that the assessable income of the non-dependenthousehold member isdivided by the appropriate rate of SWA for their situation which is thenmultiplied by 30 to establish how much they should contribute to thehousehold’s rent.
If the non-dependent household members are a couple their contribution is40.
When your child turns 18, if they are still in full-time education, therewill be no change to your Rent Supplement. If a child living in the householdturns 18 and gets a job or a social welfare payment in their own right they areexpected to pay a minimum contribution of 30. However, if benefitand privilege has been assessed against their social welfare payment theydo not have to contribute 30.
If a child leaves home your rent must be under the limit for your reducedfamily size.
If you have a new baby or if you adopt or foster a child your family sizewill increase so the rent limit that applies to your household may increase. Ifyou have a large family and you need larger accommodation that costs more thanthe rent limits that apply in your area you should discuss your situation withyour local DSP representative – see How to apply below.
The DSP can make additional Rent Supplement payments above rent limits whennecessary. This is done on a case-by-case basis, for both people getting RentSupplement and for new applicants.
If I Cant Do Physical Work And Cant Find A Non
It is fairly common for workers to become injured or to develop an illness that limits them from working in a physically demanding occupation. It is also fairly common that people in this situation have trouble finding a non-physical or less physically demanding job. In such circumstances, whether or not your Social Security Disability application is approved depends upon your physical limitations, your work history, your age, and your education, training, and transferable work skills. If you have the skills and health to work in a sedentary or light job, your claim will not be approved. On the other hand, if your education, training, and experience are limited so that you dont have the skills to perform lighter occupations, your claim could be approved even though you are physically able to do such jobs.
Must I Still Go To Jail Or Prison If I Am Disabled
What One Should Learn from This Article: Jails and prisons have some of the most qualified and experienced doctors available, so having a medical disability is unlikely to excuse one from jail or prison time. Nonetheless, it is wise for a defense attorney to advise the prosecutor and sometime even the judge of this condition despite an expectation that no improvement in the plea bargain or sentence will result.
What If My Conviction Is Overturned
If youre convicted of a felony, but the felony is later overturned on appeal, the VA will send you a retroactive payment of disability benefits. This will cover the payments that the VA withheld following your initial conviction. Unfortunately, this doesnt apply to pension payments. Veterans will need to notify the VA if their conviction was overturned on appeal.
I Think I Received The Cerb Wrongfully What Should I Do
If you now realize you are wrongfully getting the CERB, you need to contact Service Canada or Revenue Canada immediately to report it. If you do this now, you will have to pay the money back but you are unlikely to be subject to fines and prosecution. You will also be able to lessen or eliminate the potential negative impact on your credibility and therefore salvage your ongoing disability claim.
What Happens To Your Ssdi Or Ssi Benefits When You Go To Prison
Many Americans rely on Social Security Disability Insurance or Supplemental Security Income to pay bills, support families, cover medical expenses and costs of living. Both of these programs help to support individuals who are unable to work.
While these monthly payments may be a necessity for many Americans and their loved ones, SSDI and SSI payments typically are not payable for months that a person is confined to a prison, jail, or other public institutions for committing a crime. In addition, a person may not be automatically eligible for SSDI or SSI payments following his or her release.
In this post, well discuss what happens to your SSDI or SSI payments when one is incarcerated and or released, so youll understand the options and how to obtain reinstatement of benefits as quickly as possible after release.
Your SSDI Benefits
If you receive SSDI payments, they will be suspended if you get convicted of a crime and confined to a prison or jail for more than 30 consecutive days. These benefits may be reinstated in the month following the month you are released. Meaning, if your release date is July 7, you may be eligible for benefits starting in August. As these benefits are paid in the month following the month for which they are due, you would receive this payment in September.
If you have a spouse or children who rely on your monthly Social Security payments, they may continue to receive payments while you are in prison, as long as they retain their eligibility.
Will You Lose Your Benefits While In Jail
Although you wont automatically lose your SSDI benefits if arrested, you could lose them if convicted. However, it will depend on the sentence.
If you are convicted but are simply fined or required to do community service, then you will be able to keep your SSDI benefits. In fact, the only way that you risk losing them is if you will be sentenced to time in jail.
Why? Because if you are in jail for longer than 30 days the reason you can no longer earn an income isnt because of a disability, its because you are in jail.
Whether you have a disability or not, you cant work while youre incarcerated. Not to mention that since incarcerated, you dont need an income to pay for food and shelter.
To Start The Ssi Process Before Your Prison Release
What Happens To Your Social Security Disability Benefits While In Prison
As a Social Security disability recipient, you are probably wondering what will happen to your Social Security disability benefits while in prison. The answer depends on a couple of factors. One is whether you have been convicted and are serving your sentence in prison, or you are being held in jail while awaiting trial. The other is the length of your prison sentence.
Can I Collect Social Security Disability While On House Arrest
Social Security Disability Insurance is a national insurance program designed to assist people who cannot work because of serious medical conditions. The payments are intended to help the disabled person meet their basic living costs.
The Social Security Administration will not pay disability benefits to someone during the time she is incarcerated if she will be jailed for 30 days or more. However, if she is on house arrest or house confinement, she can collect SSDI benefits.
Persons Who Obtain A Disability Around When They Commit A Crime
If you happen to sustain a as a result of committing a crime, you cannot apply for disability benefits for that particular condition. Any disability that is obtained at a time and place that is close to the commission of a crime will automatically disqualify you from applying for benefits associated with that disability.
You should note that there doesnt have to be a direct causative relationship between the offense and the disability, as long as the two events occurred at a close time and in a close place. If it is determined that your disability occurred as a result of committing a crime, you will be permanently banned from applying for benefits associated with that disability.
In some cases, you may have already had a disability prior to committing a felony. If there is documentation proving this disability and its onset date, you can apply for benefits related to that particular disability after being released from prison.
If Your Landlord Raises The Rent:
Rent Supplement is not normally paid where the rent payable to the landlordis over the limits. However, under certain circumstances the Department’srepresentative can pay Rent Supplement where the rent is above the relevantlimit; this might apply where there are special housing needs or on a veryshort-term basis until the tenant is in a position to reassume responsibilityfor his/her rent.
If your landlord increases the rent above the rent limit you should contactyour local Intreo Centre or Social Welfare Branch Office. Whenever possible,the DSP will support you to stay in your home.
Will Your Benefits Be Automatically Resumed When You Get Out Of Prison
Your award for compensation or pension benefits shall be resumed the date of release from incarceration if the Department of Veterans Affairs receives notice of release within 1 year from following release. Depending on the type of disability, VA may schedule you for a medical examination to see if your disability has improved. You will need to visit or call your local VA regional office for assistance.
For more information call toll-free 800-827-1000, or visit the VA website.
Have Questions About Your Va Disability Benefits
Entering the criminal justice system can be a stressful process, especially if you and your family rely on VA benefits. If you have questions about your entitlement to benefits after arrest, contact the team at Hill & Ponton. Our attorneys specialize in social security and veterans disability, focusing on client relationships. Contact us today for a free case evaluation.
You Became Eligible For Ei Sickness Benefits After March 15 2020
If you became eligible for EI Sickness benefits after March 15, 2020, then your claim will automatically be delivered under the CERB. The Government created this exception out of necessity because the EI system became overwhelmed with mass layoffs in March 2020.
However, if you became eligible for EI Sickness benefits before March 15, then your application would be processed under the normal EI Sickness process by Service Canada.
We are finding this is one of the greatest areas of confusion. Many people have misread this criteria to say that if you qualified sometime recently for EI Sickness, then you automatically can get the CERB after the EI Sickness claim has finished. This is wrong. If you became eligible for EI sickness after March 15, then you have the option to process your claim as the CERB.
You cannot file a CERB claim once your EI sickness claim runs out. There is an exception that allows this for Regular EI benefits that you can claim CERB when regular EI runs out but this does not apply for EI Sickness.
Failure To Report A Beneficiarys Death
In, a woman was sentenced to three years and five months in federal prison for disability fraud. For 13 years, she enjoyed the disability benefits of her deceased grandparents. She even used some of the money to purchase a luxury car.
Certain family members are eligible for disability benefits when the primary beneficiary dies. But they need to file for their own rather than continue receiving the deceased beneficiarys benefits.
When Will My Benefits Be Reinstated
Once you are released from jail, you can have your Social Security Disability benefits reinstated the month after you have been released from jail as long as you still qualify for the benefits you had been receiving. If your condition has improved and you no longer qualify, your Social Security Disability benefits will not resume.
To have your benefits reinstated after your release from prison, you will need to visit your local Social Security office and notify them of your release. You will also need to bring proof of your release from jail in order for your monthly benefits to be reinstated.
The exception to this rule is if you are in prison for more than 12 months. If you are in prison for more than 12 months, your benefits will not automatically be reinstated after your release. Instead, you will need to re-apply for benefits and go through the application process all over again. If this is the case, you may wish to retain the services of a qualified Social Security Disability attorney in order to ensure that your Social Security Disability application will be processed as quickly as possible and that you have the best possible chance of a successful outcome.
Penalties For Social Security Disability Fraud
Penalties for felony vary across states. But most of the time, it involves jail time and monetary penalty.
Aside from the criminal and felony charges, the SSA may also impose a civil monetary penalty of up to $5,000 each time you lie or withhold facts. They can also make you return double the amount of benefits you fraudulently received.
The Bipartisan Budget Act of 2015 also raised the penalties for fraud enablers. They are people in positions of trust , who help facilitate the fraud. This law increases the maximum felony penalty from 5 to 10 years in prison. From $5,000, the maximum civil monetary penalty is also raised to $7,500 for each false statement or representation.
Can I Receive Disability If I Have Been Convicted Of A Felony
When you apply for Social Security disability benefits, the Social Security Administration typically will want to know more about your current situation so they can determine your eligibility. An application will contain requests for birth records, employment history, educational background, medical records, and criminal records.
You may be wondering why the SSA needs to know about your criminal background history. If you have committed a felony, it can affect your eligibility to receive benefits in several ways.
In order to answer the question can felons get disability benefits? lets explore the various factors that can influence or determine eligibility for benefits for convicted felons.
Ssa Income Limits For Disability Benefits
The 2015 monthly income limit for individual SSI claimants is $733. This number is called the Federal Benefit Rate, or FBR. The FBR represents not only the maximum earnings per month but also the maximum payment a claimant can receive each month. In other words, you can neither earn nor receive more than $733 per month. The FBR for couples is higher: $1,100 per month.
If you earn more than the FBR, dont panic. You could still potentially qualify, because some of your earnings dont count toward the FBR. The SSA uses a complex formula to determine how much of your income is countable, and certain portions of your income and earnings are excluded. For example, the SSA does not count any of the following:
- The first $20 of your monthly income.
- Income tax refunds.
- Loans that youre responsible for repaying.
- Need-based assistance you receive from the state of Pennsylvania or New Jersey.
- The value of SNAP .
Finally, you must also have limited resources. Your resources include all and any of the following:
Veteran Justice Outreach Initiative
The VJO initiative is designed to help Veterans avoid unnecessary criminalization of mental illness and extended incarceration by ensuring eligible justice-involved Veterans receive timely access to VA health care, specifically mental health and substance use services and other VA services and benefits as appropriate.
Learn more about the Veteran Justice Outreach Initiative.
If Your Children Spend Some Time With One Parent And Some Time Withanother:
If you have shared custody or guardianship of a child and that child stayswith you overnight for part of the week, you should check with your localDepartment of Social Protection representative to find out what level of Rent Supplement can beprovided. Each Rent Supplement claim is examined with regard to all of thecircumstances of the case.
If you are not the primary carer and are looking for accommodation toprovide for your children the DSP will take the following into considerationwhen processing your Rent Supplement claim:
- Your family composition and size
- Whether any court orders or agreements exist indicating whether joint custody arrangements or access arrangements are in place
- Where you live in relation to the primary carer
- Whether the child is living with you temporarily as part of an access agreement
- Any evidence of a history of continued parental support for the child such as transfer of property to the primary carer, evidence of financial support and other supports such as attending parent-teacher meetings and collecting child from school
- Any evidence indicating whether you availed of overnight access to the child before your application for Rent Supplement
- Any evidence from any social worker or medical reports
- Whether any letters of consent from the primary carer exist or are required
- The content of any Housing Needs Assessment from your local authority
What Is The Cerb And Who Is Eligible
In response to the unprecedented economic shutdown in March 2020, the Government of Canada created the Canadian Emergency Response Benefit . The purpose of the CERB was to provide temporary economic assistance to people who stopped work because of COVID-19. The CERB pays $500 per week for up to 16 weeks. Here are the requirements, taken from the CERB website:
The Benefit is available to workers:
- Residing in Canada, who are at least 15 years old;
- Who have stopped working because of reasons related to COVID-19 or are eligible for Employment Insurance regular or sickness benefits or have exhausted their Employment Insurance regular benefits or Employment Insurance fishing benefits between December 29, 2019 and October 3, 2020;
- Who had employment and/or self-employment income of at least $5,000 in 2019 or in the 12 months prior to the date of their application; and,
- Who have not quit their job voluntarily.
So, how should these criteria be interpreted?
First, when interpreting legal criteria for a program like this, you need to keep in mind the overall purpose of the program. This will help determine how any ambiguous clauses should be interpreted. In this case, the purpose of the CERB is clear: it provides temporary economic relief to people who stopped working because of COVID-19.
This rule is fairly clear-cut. If you did not stop working because of COVID-19, then you dont qualify for the CERB.
How A Criminal Conviction Affects Your Disability Benefits
The Social Security Administration pays disability benefits through two different federal programs. The first one, Social Security Disability Insurance , only pays people who worked enough and in recent years to qualify. If SSDI paid your previous benefits, you likely received at least $1,000 each month. The second federal disability program, Supplemental Security Income , pays no more than $794/month in benefits.
No matter which program pays your benefits, the SSA suspends them once youre in jail or prison more than 30 days. So, nobody in jail, prison or confined to a criminal institution after conviction can receive SSDI or SSI payments. This federal rule also applies to people living in halfway houses after prison or jail. However, if youre on parole and living on your own or with family, thats different. The rule simply says you cannot live in any facility that operates under the Department of Corrections authority. Once you finish your sentence and receive an official release, you can potentially re-start your benefits the following month. This includes parolees who must wear an ankle bracelet for home monitoring upon release.
Examples Of Discrimination Against People In Prison With Disabilities
- Exclusion from facilities, programs, and services that are accessible to other prisoners.
- Not providing sign language interpreters for a deaf prisoner at disciplinary hearings, classification decisions, medical appointments,, and educational and vocational programs.
- Failure to provide medical devices such as wheelchairs and canes to disabled prisoners.
- Placement in segregation or solitary confinement due to perceived vulnerability or the unavailability of accessible cells in general population.
If You Have To Leave Your Current Accommodation:
If there is a good reason why you have to leave your current accommodation, you can makean application for Rent Supplement for a new address.
However, you will have to apply again and fill out new application forms foryourself and your new landlord. There may be a gap in payment while your newapplication is processed.
If you qualified for Rent Supplement based on housing need and you are moving to a new local authorityarea, you will have to make a fresh application with the new localauthority.
What Impact Will A Wrongful Cerb Claim Have On My Approved Long
You can pretty much expect the insurance company to stop your long-term disability payments if they find out you are wrongfully getting CERB payments. The insurance company may not do this immediately, but a wrongful CERB claim will harm your credibility in the eyes of the insurance company so much that you should expect it to trigger a whole range of investigations and medical assessments that attempt to show that youre probably being dishonest with them as well.