The Ins and Outs of Social Security Benefits
Posted by admin on Jan 7, 2009
The Social Security Administration is responsible for the payment of social security benefits under the social security system in the United States. Social security benefits come under various types depending upon the category of the respondent’s requirement. People who have had to sacrifice employment and its benefits on account of chronic illness, or those who have qualified for benefits on attaining pensionable age are still eligible for social security under different clauses. Some segments of society can receive social security benefits through some specific clauses addressing that segment. 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.
Social Security pays benefits to people who cannot work or need to discontinue employment owing to a medical condition that is expected to last at least one year or is possibly fatal. If an individual is employed with average monthly earnings exceeding a certain amount as decided by the administration, then the person will not be considered as disabled. The administration’s Update (Publication No. 05 10003) stipulates the cut off amount for the present year and this amount changes from year to year depending upon the economic conditions. There is no provision for partial disability under the Social Security Act. If the individual cannot perform the work he was able to in the past, the State agency looks to see if other alternative employment can be arranged. It evaluates the person’s medical condition, age, education, past work experience and any skills that may fit another role. Should such efforts prove fruitless, and the agency is unable to provide the person with an alternative to earn his livelihood, the status of the employee as disabled would still be considered by the agency. However, with individuals over 50 years of age, the State rules are more relaxed and they may have a much better chance of winning some benefits. The chances of getting social security benefits are also better with persons employed only part time with meagre wages and insufficient savings.
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Failing to see a doctor regularly may give the SSA cause to believe that you are no longer disabled.
I am able to work but not at what I used to nor can I earn the same money I used to. Can I still file for SS benefits?
Social Security benefits are granted under certain conditions. The most important condition is the degree of your disability as determined by the Social Security Administration. Under SSA rules, you are classified as disabled if you cannot work in the same job as before, and your condition prevents you from working at another job.
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The amount changes annually, so check the official Social Security web site or booklets to find out what the current limit is.
However, your current income is not the only number the state agency will consider when evaluating your case. If you could make more money by switching to another job, you will be ineligible for disability benefits. The state agency will consider your training, experience, age, and medical condition when deciding whether you are able to do other work, so you will not be pushed into doing work for which you are untrained or which strains your physical capacity.
According to my doctors, there are no effective treatments for my condition, so why do I have to continue to make office visits?
In the beginning, the state agency that handles your social security benefits will request that you go to doctors several times in order to get a complete evaluation of your medical condition.
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If you do apply for survivor’s benefits, you will generally receive full benefits if you are at full retirement age or older at the date of application (or over 50 and disabled). If you are not disabled, you can get anywhere from 71 to 99 percent of your spouse’s benefits before you reach retirement, as long as you are 60 years old or older.
Q: I am receiving social security disability but I want to apply for SS retirement.
A: Generally, if you receive social security disability benefits, those benefits will be transferred to retirement benefits upon reaching retirement age. Most people who get social security disability have to do little or nothing to bring about the transfer.
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The Social Security Administration sends notification to both the claimant and his attorney. If you knew about your scheduled hearing and missed it on purpose, your claim is in jeopardy of being dismissed. You will then have to reapply for disability, if that occurs. Consider seeking the counsel of a social security lawyer to assist you in securing a new date for your hearing and the process of the hearing itself.
Q: Are SSDI and SSI the same thing?
A: Although both programs are run by the Social Security Administration and are offered to individuals who are injured, they are quite different.
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It is important to remember that the VA uses a rating schedule to determining the percentage and, therefore, the amount of benefits an individual receives.
Q: Can I still work and receive VA service connected disability benefits?
A: Yes, you can. Unlike with Social Security Disability, the disability benefits you obtain from Veteran Affairs are not affected by working. If you are granted service connection for a disability that is not keeping you from working then you can still work and receive benefits. The VA does not reduce your VA service connected disability benefits just because you are working and receiving an earned income.
Q: Are SSDI and SSI benefits the same thing?
A: SSI (Supplemental Security Income) and SSDI (Social Security Disability Insurance) are two different benefit programs that are offered to individuals who qualify as disabled. SSDI is awarded based on prior work contributions and earned credits. To determine eligibility for SSDI, Social Security will look at the earnings history, time in workforce and earned credits of an individual. A credit is earned roughly every quarter of the year a person works and earns at least a minimum amount of income (established each year by Social Security). An individual can generally qualify for SSDI if he has worked the calendar equivalent of 5 years out of the last 10.
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Whether they live with you or not, your child will automatically be considered your financial dependent if you share any of the following relationships with them:
• He or she is your legitimate child
• He or she is your adopted child
• The child is your natural, recognized, but unlegitimized child, and either a court has made a determination of support, or you regularly contribute financially to support the child.
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 evidence of the child’s dependence
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. Generally, your spouse’s legitimate natural child, legally adopted child, or illegitimate natural child will be considered a 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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A doctor who has not previously treated you will most likely provide the scheduled exam. Speak with the social security disability examiner assigned to your case if you believe you have not been treated fairly by the doctor who provided your CE. You may object, for example, if the physician has examined you before for an insurance or work related claim. The physicians who provide CEs for social security disability claims are not Social Security doctors. The physicians who conduct the exams are independent physicians that have a contract to provide such services to the agency.
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Those claimants should contact their social security representative to find out more information about applying for Medicare or Medicaid. A social security attorney can be helpful, if you are having any difficulty understanding why you are eligible for certain benefits and not others or do not know how to apply for benefits.
Q: Do you need a social security attorney if you plan to appeal your claim?
A: It is not required that you have a social security attorney for any portion of the application process for disability benefits. If your initial application is denied and you plan to appeal for reconsideration, however, you may wish to hire a lawyer. A fair number of claims that are filed for reconsideration are not approved and must be appealed to go before a hearing.
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Can I have still apply for social security benefits?
A: The SSA defines the word disability as being unable to complete any substantial activity that will earn you a living. They determine substantial gainful activity according to the National Average Wage Index, which gives a dollar amount per month. They consider a person to be working any day that he or she “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.
Those that qualify for SSI must earn little money and have few assets. Every state in the U. S. has its own general rules about qualification for SSI, and a social security lawyer should be able to help you with the general rules behind what is considered a “resource” in your state.
See below for some of the things that are generally considered a resource, and which will be considered a part of your income.
Don’t know whether to choose the first, second, or third option? A social security lawyer can help you make the right choice.
Q: Is somebody who is legally blind eligible for Social Security Disability?
A: According to Social Security, “legally blind” means your vision cannot be corrected to more than 20/200. And like other disabilities, those who are legally blind may be eligible for social security disability. While you may want to speak with a social security lawyer about your specific case, in general you can look over the guidelines for eligibility under any other disability to determine whether you may be eligible.
In general, the legally blind are treated by Social Security in the exact same way as other disable persons.
Your representative will refer to it as a consultative examination. A CE is requested by the disability examiner who handles your case. The administrative judge for your appeal can also call for the CE. The consultative exam most often serves one of two purposes. If you have not had an exam recently, a CE will provide updated information.
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