Social Security Benefits Concerns
Posted by admin on Dec 29, 2008
Q: I have a business under my name but my spouse runs it. Can I have still apply for social security benefits?
A: As defined by the Social Security Administration, disability is the “inability to engage in any substantial gainful activity.” They determine substantial gainful activity according to the National Average Wage Index, which gives a dollar amount per month. The SSA considers an applicant to be working or employed at any time the that person “is the owner or part owner of a trade or business even if he or she does not actually work in the trade or business or receive any income from it.”
Your business income may affect your social security benefits. The income you receive from your business, regardless of who runs it, may be considered substantial if it exceeds a determined SGA (or substantial gainful activity) level. This level is determined by comparing your business earnings to your pre disability earnings, and the earnings of a non disabled person engaged in the same business.
Q: What will happen to my claim if I die while in the process of applying for benefits?
A: According to the Social Security Administration, if a person who may be eligible for social security benefits dies (this includes Supplemental Security Income), their survivors may apply for a Lump Sum Death Payment. This means that, if you were to die in the process of applying for social security benefits, your survivors may make a case for the social security benefits you may have earned after the waiting period. To do this, surviving family members need to prove that their deceased relative did or could have qualified for social security benefits in the month that they died.
Lump Sum Death Payment of social security benefits is available only to particular surviving family members. As part of the application process, the SSA will request information about the deceased’s Social Security record and application (if they applied for social security benefits). The SSA will also want to see information about the deceased’s overall disability, starting at fourteen months before death.
Q: What will happen to my social security benefits, once I am already on them, and I die?
A: When you are receiving social security benefits, and have paid social security taxes, some family members may be eligible to receive survivor’s benefits upon your death. For one’s family to be eligible for survivor’s benefits, up to 10 years of work is needed, depending on one’s age. The following relatives may be eligible for survivors’ social security benefits:
• A spouse, with full benefits when they reach retirement, or some benefits beginning at age 60
• A disabled spouse aged 50 or over
• Unmarried children under 18 (or up to 19 if attending high school)
• Currently disabled children who were disabled at less than 22 years of age
• Dependent parents who are 62 years old or older.
Any social security lawyer or advocate can tell you to expect this to happen if you haven’t worked enough. But it also can happen due to delays in application, or a “disability onset date” which is adjusted by a judge or other official during the application process. In this case, you should speak to a social security lawyer to better understand you options for appeals, etc.
Q: If I have an SSD claim pending, can I still work?
A: Your social security lawyer will describe disability that is eligible for benefits as any that keeps you from earning a substantial income. Eligibility doesn’t, however, require you not to work at all.
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According to the SSA, an applicant either has a qualifying disability, or he or she does not. With Social Security benefits, you are either disabled or you are not disabled, and therefore either approved or denied.
Q: My doctors say that there is no treatment that can help me, so why do I have to keep going to doctors?
A: Even if a doctor cannot treat your disability, seeing a medical professional is a very important part of having your Social Security benefits claim approved. Why? Getting medical attention is key because the documentation it creates is a huge part of proving your disability and receiving social security benefits. For proof of your disability, the SSA will thoroughly explore your medical records.
A child is automatically considered financially dependent on you, regardless of where he or she resides, in the following cases:
• He or she is your legitimate child
• The child is your legally adopted child
• He or she is your natural but illegitimate child for whom a judge has issued a determination of support, or for whom you make regular financial contributions.
If you have a recognized, illegitimate child who does not reside in your home, and for whom a judge has not made an official determination of support, you can give evidence of that child’s financial dependence upon you by providing:
• Paperwork showing that your child is qualifies as your dependant in other state and federal programs
• Previous tax returns in which you claimed the child as a dependent
• Records that you made periodic payments for the child
• Other proofs
In the case of a stepchild, however, the child is considered financially dependent on you (and therefore eligible for benefits) only if he or she lives with you in a parent child relationship. As a guideline, your husband or wife’s legitimate child, adopted child, or illegitimate child will be considered your step child. Even after divorcing your step child’s natural parent (that is, your husband or wife) or after his or her death, the child will be considered financially dependent upon you and therefore eligible for benefits as long as he or she resides in your home and shares with you a child parent relationship.
In any of the above child parent relationships, you can give evidence of the status of your relationship with your child.
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The Social Security Act defines disability as either a physical or mental condition that prevents the sufferer from engaging in any activity that generates income, and that can either result in his or her death or last for 12 months or more. Many people seem to be confused about when they can apply for Social Security disability benefits and when they can begin collecting payments. The fact is that you should apply for disability as soon as possible, even on the first day of your disability if you can manage to do so. This is because the process can take a lot longer than anticipated, and waiting too long before you apply may mean delaying your benefits even longer, as well as risking the chance of lost benefits. Keep in mind that even with the help of an experienced Social Security lawyer, the claim process can still take a long time.
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You are entitled to collect benefits from both, but cannot exceed 80 percent of your estimated annual income average. Your 80 percent limit may be higher or lower than that of someone else, since the annual earning history of one person differs from that of another. Because of that, some applicants are eligible to receive only partial Social Security disability benefits, while others may be eligible for full benefits. Your Social Security allotment will be decreased to meet that 80 percent limit, if the combined total of your workers compensation and social security benefits are more than your income average limit. Say that your monthly average income was $5000, your 80 percent maximum monthly cap would be $4000.
There are actually a few disability benefits offered by the Social Security system. The rules for each one can be quite complicated, which is why hiring a social security lawyer can be helpful. A social security lawyer can help you differentiate between the various kinds so you can choose the one that is right for you. In this article however, we will focus on two major types: Social Security Disability Insurance or SSDI, and Supplemental Security Income or SSI. Your eligibility of SSDI is dependent on your work history and disability, while SSI takes into consideration disability, as well as your income, old age or blindness.
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If you can still work but your maximum possible income falls below a certain amount, you can still collect disability benefits. The agency will measure your total POTENTIAL earnings, not your total REAL earnings: If you could earn above the minimum by changing to a different job that you are trained to do and physically capable of doing, then you will be considered ineligible for social security benefits. You will not be pushed beyond your limits and asked to do work you are not capable of doing. The state agency takes into account applicants’ health, age, experience, and education when evaluating which jobs they are suited to do. If you would be able to support yourself if you switched to a better job, training and job search assistance are available
Many applicants are told by their doctors that there is no further treatment for their condition, but their social security agents ask them to continue visiting doctors.
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A review is supposed to be done. Just because your file is being reviewed does not mean you are in jeopardy of losing your social security benefits. To assure that Social Security has the most recent information about your medical condition and its impact on your employment, a periodic review is done. The majority of social security benefits claims that are reviewed are awarded continuing benefits. There needs to be medical data that demonstrates that the condition has resolved to a point that a person could take on employment, in order for payments to stop.
And the next step would be to appeal to have your claim heard before an administrative judge. This will be your final opportunity to present your claim and be awarded benefits. That is why most claimants have an advocate like a social security attorney at this point. Although a social security attorney is not required for any step in the process, it is extremely beneficial to have the expertise of an attorney during a hearing. The majority of claimants that win approval after having their case heard have had legal representation.
Q: Should you be concerned if Social Security prefers to communicate with your social security lawyer instead of you?
A: Once representation is hired, Social Security prefers to handle all transactions regarding your case via your social security lawyer. Do not be worried. The social security lawyer you hired is your advocate and works only on your behalf. If Social Security conducts transactions simultaneously with your social security lawyer and you, it can get confusing. Your lawyer is an extension of you.
Any changes to your workers compensation can affect your social security benefits.
Q: Are my Social Security benefits contingent upon my assets?
A: The disability benefits awarded to you under Social Security should not be influenced by your assets. Social Security Disability benefits are awarded based on how long you were in the workforce and how much you paid into the Social Security system. It is a benefit that is earned. You should receive the same amount of benefits, regardless of your assets.
Social security benefits come under various types depending upon the category of the respondent’s requirement. Benefits may be payable to persons who have attained the stated pension age, or may be sick pay benefits to employees who are unable to work owing to chronic illnesses. There are several other classes of social security benefits, which certain sections may be eligible to receive. Workers unable to continue their present jobs on once they have worked for a stipulated duration can still receive disability benefits. Disability benefits are paid through two programs: the Social Security disability insurance program and the Supplemental Security Income (SSI) program.
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What can I do if the SSA finds that I am no longer disabled and wants to cut off my Social Security benefits?
All cases that pass through the Social Security Administration are reviewed periodically in order to determine if the member is still disabled. These review periods vary depending on the particular condition. If the member’s condition is expected to improve, he or she will be up for review in 6 to 30 months. If a possibility that the condition will improve remains, the review will be undertaken after 3 years. If the condition is deemed permanent, a review will be done in 5 to 7 years.
However, you can continue to work while receiving disability social security benefits as long as you are able to work only at a low level or for short periods of time. The state agency that handles your case will consider how much you can earn. If your annual earnings fall under a certain amount, you will still be considered eligible for disability. Note that your highest POTENTIAL income, not your CURRENT income, is the deciding factor: If you could earn above the minimum by changing to a different job that you are trained to do and physically capable of doing, then you will be considered ineligible for social security benefits. You will not be pressured to do work you are not able to perform.
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