Travel Reimbursement/SSI Payment

[rabejb]

Hi,

I recall there being a post similar to mine...but here is the situation I am in:

1. I live in NY State and my 4yo son has a disability. He started receiving SSI benefits in January of 2014.

2. I work for a home health palliative care agency and am required to travel extensively for my job. I work part-time, in a benefited position, with a guaranteed set 20 hours per week at a set hourly wage. So, as itemized on my biweekly paycheck, I work a set regular 40 hours at the set hourly wage.

3. Also as itemized on my biweekly pay check, I am reimbursed for all extensive mileage (at .45 cents/mi) I drive that is patient care related (extensive mileage) in that pay period. Per my employer, extensive travel reimbursement is NOT earned wages. I am not taxed on the reimbursements I receive. This is an upfront, out of pocket expense to me (gas)...just like when I pay for thruway tolls and parking that is related to patient care. I am reimbursed for all expenses that are an upfront expense to me in order to do my job - because I am traveling to and doing my job in the patients' home.

4. SSI has been INCLUDING my reimbursements as part of my TOTAL GROSS WAGES. This inclusion has affected my son's payments...his payment/benefit is reduced month-to-month from what he was originally awarded (from what I was originally reporting as my regular (base) gross earnings). So once SSI receives a copy of my monthly pay statements, they automatically adjust my income to include my reimbursements...and then my son's payment gets changed to a lower amount.

This has been a very frustrating experience. I feel like I am banging my head against a wall every time I'm on the phone with a rep in the SSI dept. I am scheduled to meet with an SSI claims rep, in person, on 8/6. I will be bringing with me a certified letter from my employer explaining what my regular gross wages are, and explaining that my reimbursements (noted above) are not counted as earned wages. I hope SSI will "see the light" and adjust my income as needed so that my son can receive the benefit he should be receiving and nothing less.

I greatly appreciate ANY feedback you can provide to better prepare my position when I meet with the claims rep on 8/6.

Thank you,

Rebecca

[MSW1963]

I'm no authority on the difference between SSDI and SSI, and the basis for calculating earned income on which SSI benefits are determined.

I do know that for Federal Income Tax purposes, milage reimbursement for business travel is not earned income.

If possible, you should meet with your HR/Payroll department for documentation, such as receipts, milage, etc., you presented for your bussiness related travel expenses.

Also include a copy of the IRS regulations regarding the exemption allowence for bussiness related travel expense reimbursements.

Include your job description that highlights the required travel and the reimbursement arrangment on which your job related travel expenses are paid by you and reimbursed by your employer, according to IRS tax law.

My employer issued travel expense reimbursements seperately from salaried pay. I think once it's on the pay stub, younger, less experienced SS analyst automatically include the amount in earned income.

Have you considered consulting with an attorney? Your income tax accountant?

[rabejb]

Thank you for your reply, your suggestions are helpful. I did speak with an attorney over the phone yesterday. He provided a complementary consultation, through my employer's Employee Assistance Program (EAP). He first suggested that I get supporting documentation from my employer and then meet with an SSI claim's rep to discuss the situation, to go over all pertinent documentation from my employer, and to request that the income be adjusted to reflect the reimbursement monies as excluded. The attorney said that if the SSI claims rep does not 'see the light' and make the appropriate adjustment, that I will then need to retain an attorney who is familiar with SSDI/SSI claims. I hope it won't have to go to this extent.

[MSW1963]

If your SSI claims analyst does not see 'the light', consider going up the food chain, as in speek to the analyst's supervisor and their supervisor, etc.

Eventually you may reach someone within SSI who understands the tax exempt status of you paying company related travel expenses for reimbursement.

If not, you'll probably have to consult with an attorney.

You may also consider contacting an organization that represents children with your child's disability for referral to an attorney, similar to the National MS Society.

[rabejb]

My son has autism. He attends a full-time preschool special education program, receiving intensive speech therapy, occupational therapy, physical therapy, and behavioral supports. The most recognized national organization for children with ASD (autism spectrum disorders) is Autism Speaks. Locally, my son was just approved for "provisional" eligibility to receive additional supports in our home and within the community through OPWDD (The Office for People with Developmental Disabilities). We are linked with a local agency to refer us to supports that will be appropriate for him and me, however we cannot get those supports started until after I attend a mandatory inservice sponsored by OPWDD. I am scheduled to attend their inservice on 8/22. Would Autism Speaks and/or OPWDD be organizations that I could tap into to further support my position with SSI? I'm not sure if this is what you were suggesting?

[rabejb]

Clarification:

I reread your last reply to mine. So, would OPWDD be a local organization that I could tap into to refer me to an attorney who is familiar with children who have a diagnosis of ASD and who could help represent my complaint with SSI?

[MSW1963]

Would Autism Speaks and/or OPWDD be organizations that I could tap into to further support my position with SSI? I'm not sure if this is what you were suggesting?

Yes.

Most local chapters of the NMSS maintain a referral list for specialized professional services that are often needed by MS'rs. The list of specialized attorneys includes ADA, SSDI, LTD, etc., a list of MS Specialist Neuro referrals, plus much more I'm sure.

I'm not familiar with either organization, but Autism Speaks and/or OPWDD may offer similar referrals.

You may consider contacting NMSS for an attorney referral.
'Membership' in NMSS is 'informal'. I've used their services for an ADA attorney based a statement over the phone that I have MS.

Let us know how your SSI case progresses and best of luck to you and your son.

[rabejb]

Thank you, I will do that.