Sources of Income & Assistance

There are several state and federal income assistance programs available to seniors. This chapter will talk about these programs.

Each section in this chapter will give you a basic overview of the program, the eligibility requirements, information on what to do if you receive a Notice of Overpayment, and the appeals process. The major federal programs discussed in this chapter are:

Social Security
Social Security Disability Insurance
Supplemental Security Insurance
Veterans Benefits
Railroad Retirement
Pensions
Other State benefits

The chapter will also cover “Representative Payee” questions.

Social Security

Older Americans can usually get income through the federal Social Security program. Retired workers, disabled workers, and some family members of workers may be able to get Social Security benefits.

The program is funded by Social Security taxes that are paid by workers and their employers. While working and paying Social Security taxes, you earn “credits.” You have to earn a certain number of credits before you can get Social Security. Generally, you need to be at least 62 and have worked and paid Social Security taxes for at least 10 years before you can get Social Security. Disabled workers might be able to get Social Security Disability Insurance benefits earlier.

Your benefit amount will be based on many things, including: the number of years you worked, how much money you made, and how old you are. Call your local Area Agency on Aging at 1-877-353-3771 to find out if you can get Social Security.

Social Security Programs

The Social Security Program is made up of three parts:

Social Security Retirement

If you worked throughout your lifetime and you are at least 62, you may be eligible for Social Security Retirement. Even if you did not work, you may still be able to get these benefits through your spouse or former spouse.

There are two kinds of retirement: “early retirement” or “full retirement.” The kind of retirement you choose to take is based on how old you are when you apply and what year you were born. If you take early retirement and keep working, you have to follow very strict rules about how much money you can earn.

For more information about working while taking early retirement, visit the Social Security Administration (SSA) website on the topic by clicking here. [1]

To find out what retirement age applies to you, visit the SSA Retirement Age Calculator by clicking here. [2]

Social Security Disability Income

If you have a disability and are not able to work a paying job, you might be able to get Social Security Disability Insurance (SSDI) benefits.

To collect SSDI benefits you have to prove your disability by showing all of the following:

You have a “medically certified physical or mental disability” that,
prevents you from engaging in “substantial gainful employment” and,
that disability is expected to last for at least 12 months or result in death.

You also have to have earned a certain number of credits within a specific period of time. The credit requirement is based on your year of birth. To find out if you can get SSDI, visit the SSA website on the topic by clicking here. [3]

If you are disabled and think you are eligible for SSDI, contact your local SSA office or apply online by clicking here. [4] If you have any questions or if you want help with the application, call your local Area Agency on Aging at 1-877-373-3771.

If you can’t get SSDI, you might be able to get Supplemental Security Income. For more information about this program, see the section called “Supplemental Security Income” in this chapter.

Social Security Benefits for Family

If you are able to get Social Security Retirement or Disability benefits, your family members might be able to get their own benefits based on your eligibility. Such family members include your spouse, your surviving spouse, your former spouse, and your minor or disabled children.

To learn more about Social Security benefits for your family members, visit the SSA website on the topic by clicking here [5]. Or call your local Area Agency on Aging at 1-877-353-3771.

Notice of Overpayment

The Social Security Administration (SSA) keeps track of your benefits payments to make sure you get the right amount. If you get a “Notice of Overpayment,” it means that the SSA thinks that you got more than you should have, and it wants that money back. Do NOT ignore this notice.

If you don’t think you have been overpaid, or if you think you should not have to pay the money back, you have the right to appeal. For more information about SSA appeals, see the next section of this chapter.

Call the Legal Services for the Elderly Helpline at 1-800-750-5353 as soon as you get a Notice of Overpayment; you can speak to an attorney for free.

Do not wait to take action. If you miss the appeal deadline, the overpayment becomes final and then you have very few options. If you do nothing, the SSA has many ways in which it can get the money back from you. This includes withholding your entire monthly payment until your debt is repaid.

Even if you agree with the SSA’s decision but you can’t afford to repay the money, you should talk to an attorney about your options. You might be able to work out a repayment plan, or get a waiver of the overpayment. If you request a waiver of the overpayment, you will need to prove two things:

That you were not at fault for causing the overpayment; and,
That you cannot afford to repay the money.

To prove these two things, you will need to give the SSA detailed information about your finances. (People who receive Supplemental Security Income do not have to provide this information.)

Anyone can request a waiver of the overpayment, and you can make this request any time after you get a Notice of Overpayment. There is no time limit within which you have to do this. If you would like help requesting a waiver or asking for a repayment plan, call the Legal Services for the Elderly Helpline at 1-800-750-5353 to speak to an attorney for free.

Social Security Denials and Appeals

If you applied for Social Security and were denied, or if the Social Security Administration (SSA) made a decision about your benefits and you don’t agree with its decision, you have the right to appeal.

You don’t have to have an attorney, but you might want to talk to one about the process. The appeal outcome could have a big impact on your finances. If you are a Maine resident who is 60 or older, call the Legal Services for the Elderly Helpline at 1-800-750-5353 to talk to an attorney for free.

The first step in the appeal process is to file a written “Request for Reconsideration” within 60 days of receiving the initial decision letter. If you don’t make this deadline, the decision becomes final and you may lose your right to appeal.

In some cases, you can continue to receive your Social Security benefits throughout the appeals process. If you want this to happen, you need to contact the SSA within 10 days of the date you got the decision letter that is the subject of the appeal. Keep in mind that if you lose your appeal, you may have to pay back some of that money too.

Resources

Legal Services for the Elderly
If you are a Maine resident who is 60 or older and you have received a Notice of Overpayment or want help with an appeal, call the Legal Services for the Elderly Helpline at 1-800-750-5353to talk to an attorney for free.

Maine Disability Rights Center
If you are under 60, the Maine Disability Rights Center might be able to help you apply for Social Security Disability benefits, or help you with an appeal if it relates to your disability. Call the Disability Rights Center at 1-800-452-1948

Area Agency on Aging
To find out what benefit programs you are eligible for, or for help applying to a benefit program, call your local Area Agency on Aging at 1-877-353-3771.

Pine Tree Legal Assistance
For information on how to cope with Social Security Overpayments, visit the PTLA website by clicking here. [6]

Social Security Administration: Boston Region
To find the closest Social Security Administration (SSA) office, click here [7].

Social Security Administration: Retirement

Retirement Pamphlet
The SSA website has a comprehensive pamphlet on Social Security Retirement Benefits.
Read the pamphlet by clicking here. [8]

What You Need to Know When You Get Retirement or Survivors Benefits
Read this SSA publication by clicking here. [9]

Retirement Planner
The SSA website has a great tool to help you plan for your retirement.
Get the tool by clicking here. [10]

Social Security Administration: Disability

Disability Planner
The SSA website has some great tools to help you figure out how to apply for benefits if you have become disabled. Get the tool by clicking here. [4]

What You Need to Know When You Get Disability Benefits
Read this SSA publication by clicking here [11].

Social Security Administration: Appeals

For more information about the appeals process, visit the SSA’s website by clicking here [12], or contact your local SSA office. A pamphlet about the appeals process produced by the SSA is available online by clicking here. [13]

When Your Social Security Benefits are Taken to Pay Back Money to the Federal Government
Click here for an online pamphlet from the National Consumer Law Center. [14]

Supplemental Security Income

People with limited income and assets who are disabled, blind, or age 65 or older might be able to get Supplemental Security Income (SSI). Blind or disabled children might also be able to get SSI.

SSI is different than other Social Security benefits, but it is also run by the Social Security Administration (SSA). The SSI program is funded by general taxes paid to the federal government, not Social Security taxes. Eligibility requirements are different too. For SSI, you do not have to have a work history and there’s no requirement that you be eligible to receive Social Security prior to applying for SSI. In some cases, you might be able to get Social Security benefits and SSI at the same time.

If you are interested in learning more about SSI or want to apply for the program, contact your local SSA office, or visit the SSI website, by clicking here. [15] Or, you can call your local Area Agency on Aging at 1-877-353-3771 to get help applying.

Notice of Overpayment

If you don’t think you have been overpaid, or if you think you should not have to pay the money back, you have the right to appeal. You should get an attorney to help you do this. Call the Legal Services for the Elderly Helpline at 1-800-750-5353 as soon as you get a Notice of Overpayment; you can speak to an attorney for free.

That you were not at fault for causing the overpayment; and,
That you cannot afford to repay the money.

Anyone can request a waiver of the overpayment, and you can request a waiver at any time after you get a Notice of Overpayment. If you would like help requesting a waiver or asking for a repayment plan, call the Legal Services for the Elderly Helpline at 1-800-750-5353; you can speak to an attorney for free.

Social Security Denials and Appeals

If you applied for Supplemental Security Income (SSI) and were denied, or if the Social Security Administration (SSA) made a decision about your SSI benefits and you don’t agree, you have the right to appeal.

The first step in the appeal process is to file a written “Request for Reconsideration” within 60 days of receiving the initial decision letter that is the subject of the appeal. If you don’t make this deadline, the decision becomes final and you may lose your right to appeal.

In some cases, you can continue to receive your SSI benefits throughout the appeals process. If you want this to happen, you need to contact the SSA within 10 days of the date you got the decision letter that is the subject of the appeal. Keep in mind that if you lose your appeal, you may have to pay back some of that money too.

Resources

Legal Services for the Elderly
If you are a Maine resident who is 60 or older and you have received a Notice of Overpayment or if you want help with an appeal, call the Legal Services for the Elderly Helpline at: 1-800-750-5353to talk to an attorney for free.

Social Security: Supplemental Security Income
For more information about Supplemental Security Income (SSI), visit the official Social Security Administration’s (SSA) website on the topic by clicking here. [15]

Or, read through this publication from the SSA website. [16]

Area Agency on Aging
To find out what benefit programs you are eligible for, or for help applying, call your local Area Agency on Aging at 1-877-353-3771.

Maine Disability Rights Center
The Maine Disability Rights Center might be able to help you apply for SSI, or help you with an appeal if it relates to your disability. Call the Disability Rights Center at 1-800-452-1948.

Veterans Benefits

Veterans of the United States Armed Forces can get benefits through the United States Department of Veterans Affairs (VA). Some of these benefits extend to veterans’ family members. If you or your spouse served in the Armed Forces, you might be able to get: disability compensation, disability pension, medical and dental benefits, education programs, life insurance, and home and small business loans.

The State of Maine has additional benefits for veterans who are also residents of Maine. These benefits include: property tax exemptions, nursing and rehabilitation services, and funeral and burial benefits. To see a full list of veterans benefits in Maine, visit the State’s website on the topic by clicking here. [17]

To find out if you are eligible for veterans benefits, call your local Area Agency on Aging at 1-877-353-3771.

Click here to find the VA office nearest you. [18]

Notice of Overpayment

The VA keeps track of your veterans benefits to make sure you get the right amount. If you get a “Notice of Overpayment” from the VA, it is because the VA thinks that you got more money than you should have. Do NOT ignore this notice! You may be able to appeal the Overpayment decision or work out a repayment plan. The Notice of Overpayment letter will explain how you can appeal the decision. You need to follow these instructions carefully.

If you received a Notice of Overpayment, you should talk to an attorney. Call the Legal Services for the Elderly Helpline at 1-800-750-5353 as soon as you get a Notice of Overpayment; you can speak to an attorney for free.

To start the appeal, you must file a “Notice of Disagreement” with your local VA office within one year of the date of the decision that is the subject of the appeal. If you do nothing, the VA might recover the overpayments by withholding your monthly benefits.

For more information on the appeals process, see the next section of this chapter. Or visit the VA’s website on appeals by clicking here. [19]

To avoid receiving a Notice of Overpayment, make sure you report all sources of income or changes to household income to the VA. If you think that your benefit check is not the right amount, report your concerns to your local VA office as soon as you become aware of the problem.

Appealing Benefit Determination Decisions

If you applied for a benefit program and were denied, or if you disagree with any VA decision, you have the right to appeal. The Board of Veterans’ Appeals has a great step-by-step guide you can follow if you want to appeal a VA decision. Get the guide by clicking here. [20]

Keep in mind that you can only appeal a benefit determination if you do so within one year of receiving the benefit denial or determination.

Although you are not required to hire an attorney to help you with the appeals process, you might want to talk to one about your situation. Call the Legal Services for the Elderly Helpline at 1-800-750-5353 to talk to an attorney for free.

Resources

Pine Tree Legal Assistance
For more information about common legal issues experienced by veterans, visit PTLA's Stateside Legal website by clicking here. [21]

Maine Disability Rights Center
The Maine Disability Rights Center might be able to help you with an appeal if it relates to your disability. Call the Disability Rights Center at 1-800-452-1948.

Area Agency on Aging
To find out what benefit programs you are eligible for, or for help applying, call your local Area Agency on Aging at 1-877-353-3771.

Maine Bureau of Veterans Services
To make sure you are getting all the help you are eligible to get through the VA, or for more information, call the Maine Bureau of Veterans’ Services at (207) 430-6035.

VA Maine Healthcare
For questions about your VA benefits and your healthcare, call VA Maine Healthcare at 877-421-8263.
For more information about VA Maine Healthcare, click here. [22]

Maine Veterans Homes
For more information about the VA homes in Maine, click here. [23]

Maine Department of the American Legion
For general information, call the Maine Department of the American Legion at 207-873-3229.

U.S. Department of Veterans Affairs
To contact the United States Department of Veterans Affairs, call: 1-800-827-1000 or TTY: 1-800-829-4833. For more information about this agency, visit the website by clicking here. [24]

VA HOTLINE TELEPHONE NUMBERS

Readjustment Counseling Service Combat Call Center: 1-877-927-8387 (877-WAR VETS)

VA Suicide Prevention Hotline number: 1-800-273-8255 (800-273-TALK)

Railroad Retirement

The Railroad Retirement system provides financial benefits to eligible railroad workers and their families. This program is run by a federal agency called the Railroad Retirement Board (RRB). These benefits include retirement, unemployment, survivor, and sickness.

Railroad Retirement Eligibility

To get Railroad Retirement benefits, you must have worked with the railroad for at least 10 years, or at least 5 years if the work was performed after 1995. The amount of benefit you can get depends on your year of birth, your years of service with the railroad, and your age when you apply for the benefits.

Eligible workers can start getting full benefits at age 60 if they have at least 30 years of work service with the railroad. For those railroad workers who have less than 30 years of work service, reduced benefits are available at age 62 and full benefits are available at full retirement age. Full retirement age is 65-67, depending on your year of birth.

To get Railroad Retirement benefits of any kind, you must first apply. You can apply over the phone or by visiting your local RRB office.Your local Area Agency on Aging can help you figure out if you are eligible and help with the paperwork. Call your local Area Agency on Aging at 1-877-353-3771.

Overpayments

The RRB keeps track of your Railroad benefits payments to make sure you get the right amount. If you get a “Notice of Overpayment” it means that the RRB thinks that you got more money than you should have. Do NOT ignore this Notice. If the Railroad Retirement Board decides that you got more benefits than you were eligible to receive, you will have to repay them.

If you don’t think that you have been overpaid, you have the right to appeal. Even if you know you have been overpaid, but can’t afford the repayment, you should talk to an attorney about what repayment or waiver options you have. It is very important that you do not wait to start this process. Call the Legal Services for the Elderly Helpline at 1-800-750-5353 as soon as you receive this notice; you can speak to an attorney for free.

Appealing Benefit Determination Decisions

If you were denied Railroad Retirement benefits or you received a Notice of Overpayment, you have the right to appeal. It is important to act quickly because you only have 60 days from the date of the initial notice to appeal to the Railroad Retirement Board. If you are not sure what you want to do or what your options are, call the Legal Services for the Elderly Helpline to talk to an attorney. If the attorney is not able to help you with the appeal process, he or she will direct you to someone who can. Call the Legal Services for the Elderly Helpline at 1-800-750-5353.

Resources

United States Railroad Retirement Board
For more information about this program, visit the official United States Railroad Retirement website by clicking here. [25]

Or call, toll Free: (877) 772-5772 or TTY: (312) 751-4701.

Railroad Retirement Board – Maine Region
To contact the Maine Region of the Railroad Retirement Board call (877) 772-5772 or visit:

John Foster William Coast Guard Building
Room 441
408 Atlantic Ave
Boston, MA 02210-3349

Representative Payee

If you receive Social Security Retirement, Social Security Disability Insurance, Supplemental Security Income or Railroad Retirement benefits, but the Social Security Administration (SSA) or Railroad Retirement Board (RRB) believes that you are unable to manage your finances in a way that provides for your basic needs, a “Representative Payee” may be appointed to help you. If you receive Veterans Benefits (VA), this person is called a “Fiduciary.”

A Representative Payee or Fiduciary is not the same thing as an Agent under your Power of Attorney or Advance Health Care Directive. Your Representative Payee or Fiduciary is only authorized to talk to the administrating program on your behalf and will manage ONLY your benefit income.

Who will be the Representative Payee or Fiduciary?

You can ask to have a specific person be considered for your Representative Payee or Fiduciary. If you have a Power of Attorney, you might want to have your Agent be your Representative Payee or Fiduciary too.

If you do not suggest a person, the SSA, RRB, or VA will try to find someone who knows you to do the job. To become a Representative Payee or Fiduciary, a person or organization must first apply and be approved by the SSA, RRB, or VA. If a person is not readily available, an organization might be hired to act as your Representative Payee.

What is the Representative Payee or Fiduciary allowed to do?

The Representative Payee or Fiduciary can only use your benefits to pay for your needs. He or she is not allowed to use your money for their own use. This means that your money must be kept separate from their money. The Representative Payee or Fiduciary must be able to provide an accounting to the benefits administrator (SSA, RRB, or VA) if one is requested.

Because the Representative Payee or Fiduciary has access to your benefit income, he or she holds quite a bit of power over your money. If you feel like your Representative Payee or Fiduciary is not handling your money properly or is stealing from you, notify your local SSA, RRB, or VA office immediately.

If you believe that your Representative Payee or Fiduciary is using your money improperly, you might want to get help from an attorney. Call the Legal Services for the Elderly Helpline at 1-800-750-5353 to talk to an attorney for free.

IMPORTANT NOTE: The Representative Payee may not charge a fee for their services without written approval from the SSA or RRB. The Representative Payee only has authority over your Social Security or Railroad Retirement benefit income. This means that he or she is not in charge of your other sources of income or savings, and has no other legal authority over you.

What if I disagree?

You have the right to appeal any decision made by the Social Security Administration (SSA), the Railroad Retirement Board (RRB) or the Veterans Affairs (VA). This means that you can appeal the decision that you need a Representative Payee or Fiduciary. You can also appeal the decision of who will be your Representative Payee or Fiduciary.

You have 60 days to appeal a decision by contacting the SSA or RRB. For more information on how to appeal, see “Appealing Benefit Determination Decisions” in the Social Security, Railroad Retirement, and Veterans Benefits sections.

Resources

Legal Services for the Elderly
If you are a Maine resident who is 60 or older and you think your Representative Payee or Fiduciary is using your money improperly, call the Legal Services for the Elderly Helpline at 1-800-750-5353 to speak to an attorney for free

Maine Disability Rights Center
If you are under 60, the Maine Disability Rights Center might be able to help you with an appeal if it relates to your disability. Call the Disability Rights Center at 1-800-452-1948.

Social Security Administration
To find answers to frequently asked questions about Representative Payees, visit the SSA website by clicking here. [26]

Veterans Affairs
To learn more about the VA Fiduciary program, visit the VA website by clicking here. [27]

Pensions

If you have a pension, you probably have some questions about it. The New England Pension Assistance Project can help you understand your pension rights and claim the benefits you’ve earned. It doesn’t matter what type of company you worked for or the type of pension plan involved. This help is provided for free.

Call the New England Pension Assistance Project at 1-888-425-6067, or visit the website by clicking here. [28]

Other State Benefits

If you are struggling to pay for things like food, health care, medications, or utilities, there are several state programs that might be able to help you. Your local Area Agency on Aging can help you figure out what programs you qualify for, and can help you apply to these programs. Call your local Area Agency on Aging at 1-877-353-3771.

Or, you can visit the National Council on Aging’s “Benefits Checkup” website to find benefit programs that can help you pay for medications, health care, food, utilities and more. Visit the Benefits Checkup website by clicking here. [29]

Resources

Maine Equal Justice Partners
To learn more about the Food Supplement Program, visit the website for the Maine Equal Justice Partners by clicking here. [30]

Pine Tree Legal Assistance
Click here to visit the "Maine Food Supplement Estimator" on the PTLA website. [31]

Maine Department of Health and Human Services: Office for Family Independence
For more information about state benefits, visit the website for the Maine Office of Family Independence by clicking here [32] or call 1-800-442-6003.