Who Is Eligible for Social Security Benefits?
Posted by admin on Jul 27, 2009
Q: What are the requirements you must meet to be eligible for disability social security benefits?
A: To qualify for social security benefits, your condition must prevent you from working for at least a year. The condition can be mental or physical in nature. For your application for social security benefits to be approved, you cannot earn more than the limit set for such benefits. Currently, that amount is just under $1000 per month before taxes. In addition, you must show that it is not possible for you to perform other types of work. To determine “other work” eligibility, Social Security considers your education, age and the type of employment you had prior to your injury.
Q: Do disability social security benefits have a time limit?
A: You will collect social security benefits unless one of three things happen. If your condition improves to the point that it allows you to return to work, your social security benefits will be discontinued. If you choose to reenter the workforce, instead of relying on your social security benefits, your benefits would also discontinue. The last scenario in which social security benefits would no longer continue would be if you reach retirement age. In that case, you would then begin receiving retirement benefits instead. Your file will be reevaluated from time to time. It is expected that you inform your case manager, should your injury improve or if you return to work.
Q: What is the average time it takes to review a claim for social security benefits?
A: The average time it takes for an initial social security benefits claim to be reviewed is a little over 3 months. It is hard to determine, however, the length of time your claim may be under review. A decision on an application for social security benefits can be made in 30 days. Other cases can take up to two years. To improve the chances that your application for social security benefits will not be delayed, make sure you have provided all the required information and filled out paperwork correctly. Most cases get hung up because the claims representative is waiting for current and complete medical information. A lawyer who specializes in social security benefits can be invaluable, if you have any concerns about the length of time your claim is taking.
Financial Tips While Waiting for Decision on Social Security Benefits
Posted by admin on Apr 22, 2009
Q: How do people care and feed for their families, while they wait for a social security disability benefits claim approval?
A: Waiting for a final decision about your social security benefits claim can range from months to years. Claimants are told to expect a 90 to 120 timeframe for an initial application to be reviewed. Most claims are denied during the initial review process. If an application is not approved, you can apply for reconsideration and, if you are denied again, appeal to have your case heard before an administrative judge. Appeals will make your wait even longer. Most estimates say cases that go through an administrative hearing take 2.5 years from initial application to final decision. Unfortunately, it is almost impossible to anticipate the length of time it will take for a decision to be rendered on a claim for disability benefits. Many claimants struggle to support themselves and their families, while they are in limbo waiting for an answer about their particular social security benefits case. If you are able to work in a limited manner, you have to be aware of the impact it may have on your case. There are limits to the amount of income you can bring in. Unfortunately, no matter how small the workload, be aware that it could influence how your injury or condition is viewed by the reviewer. Regardless of whether you pick up work while awaiting a decision about your social security benefits, it is wise to take action now in case your claim takes longer than originally expected. Get rid of discretionary budget items and, instead, set aside the money. If you own your home, consider refinancing the original mortgage to free up funds. If you currently rent, look into finding a less expensive property. Contact family and friends who may be able to offer short term financial support. Apply for any and all state and federal aid programs for which you qualify. Many gas, water and electric companies provide assistance to their customers in need, as well. Speak with your doctor about billing plans that might be available to those awaiting benefits decisions. There are many non profit organizations that also provide assistance. Church groups, for example, may have food support programs.
Q: I live in Florida, currently collect disability social security benefits and am in danger of having my home foreclosed. What should I do?
A: The state of Florida offers special homestead tax exemptions for which you may qualify. An exemption will lower the assessed value on your home by up to $50,000. Apply for a disability exemption.
Do You Need a Social Security Lawyer for Reconsideration?
Posted by admin on Mar 28, 2009
Q: If your application for disability is denied, what is the next step? And do you need a social security lawyer?
A: The next step after an initial claim for disability benefits is denied is a reconsideration. Having a social security lawyer on your side as you undergo reconsideration can be extremely beneficial, especially if you are once again denied. You will need to submit all the required paperwork within 60 days of when your claim was denied. If you fail to meet that deadline, you will have to submit a new claim and undergo the initial review process once more. Most claims are denied during the initial review process. Many cases are actually not approved until they have been through a hearing. But your case must be denied an appeal to be reconsidered before you can ask for a hearing. That is why it is so crucial that you meet the deadline for reconsideration. As previously mentioned, a social security lawyer can be a tremendous help, as your claim navigates both the reconsideration and hearing processes.
Q: How long will it take until a hearing is scheduled for a social security disability case?
A: The time it can take to schedule a hearing once it has been requested can vary greatly. Sometimes it can take up to two years before you have a date for a hearing. The scheduling delay is often dependent upon the backlog in your particular state. Make sure you make a hearing appeal as soon as you receive notification that your appeal for reconsideration was denied. Having an advocate like a social security lawyer on your side during the hearing process can be extremely beneficial. A social security lawyer will make sure that your claim is handled fairly and adjudicated correctly.
Q: Do social security disability claimants receive any status updates, while waiting for a hearing to be scheduled?
A: It is not uncommon to hear little from the Office of Hearings and Appeals for long periods of time. Notification will usually be received to acknowledge the hearing appeal, when a hearing date has been set and when a decision has been made after the hearing. Claimants in some states may also receive an exhibit list, which provides details of everything in your file. A social security lawyer is your best advocate if you are having any difficulty with the hearing process.
Are My Children Eligible for Social Security Benefits?
Posted by admin on Mar 13, 2009
More Social Security benefits are given to children than to any other social group. Children can receive social security benefits under the account of a guardian (that is, a parent, step parent, or foster parent), that is either disabled or eligible for Social Security due to retirement. Children can also be eligible for benefits under the account of their guardian if he or she has died after working and paying enough social security taxes to earn benefits.
Children are eligible for Social Security benefits when they are:
• Unmarried,
• Less than 18 years old,
• Or, 18 to 19 years old and still attending elementary or secondary school full time,
• Or are disabled and over 18 years old, with their disability having begun before age 22.
Q: Can my children obtain SS benefits under my account if they do not live at home with me?
Whether or not your children can receive benefits will depend on your specific relationship with them. For a child to be able to obtain benefits under your social security account, he or she must be financially dependent upon you. 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:
• The child is your legitimate, natural 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 a court has not officially made a determination of support for a recognized natural child that does not live with you, you can show that child’s financial dependency 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
• Bank records, cancelled checks, etc., showing that you made regular payments on behalf of or in support of your child
• Additional related proofs
Financial dependability (and eligibility for social security benefits) of a stepchild, on the other hand, will only determined when that child lives with you and shares with you a parent and child relationship. Generally, your spouse’s legitimate natural child, legally adopted child, or illegitimate natural child will be considered a step child. This step child will remain eligible for benefits after the death of or divorce from their natural parent (your spouse), as long as the child continues to live with you in a regular parent and child relationship.
In any of the above cases, you can provide proof of your relationship to your child. In addition, you can also decide to give evidence that you do not live in a parent child relationship with the child; that is, you neither live with the child nor support him or her financially. This will make the child ineligible for benefits.
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.
Social security information
Posted by admin on Dec 15, 2008
At last, you have finally reached the age at which it is time for you to begin considering applying for social security retirement benefits; but there are so many different rules and stipulations that it can be somewhat confusing to prospective retirees. However, there is no need to wade through numerous pages to get an understanding of the social security benefits you are entitled to. The following primer will help you decipher basic rules and guidelines for applying.
In order to qualify for social security benefits, you will need 40 credits, which equates to ten years of work. Your social security benefits are based on your earnings over the course of your life, and the more you earn, the more benefits you will be entitled to. You can retire and apply for social security benefits as early as age 62. However, keep in mind that the earlier you apply for your social security, the less benefits you will receive. In other words, the longer you wait to receive your social security benefits, the higher you benefits payments will be.
Each year, the Social Security Administration (SSA) mails all workers over the age of twenty five a record of earnings that estimates the benefits they will be eligible for. Normally, the statement will arrive around three months before your birthday. However, if you do not receive your statement, you can visit your local SSA office or the SSA website and fill out a request to receive this information. Since it is not uncommon for there to be errors, be sure to review this statement to ensure that your earnings over the years have been reported accurately. This is extremely important since your future benefits are based on the information contained in this report.
The age at which you can receive full social security benefits is dependent upon the year in which you were born. For example, individuals born in 1937 or earlier can opt to receive their full social security benefits at the age of 65. You can refer to the SSA website or you local SSA office for complete information concerning when you are eligible to receive full social security benefits.
Many people opt to receive their social security benefits before their full retirement age, which is as early as age 62. However, you should be aware that your social security benefits will be reduced by 5/9ths of 1 percent for every month between the date you retire and your full retirement age, up to 36 months. After this period, the reduction decreases to 5/12ths of 1 percent. You should keep in mind that this is a permanent deduction. The decision of when to apply is entirely up to you and depends on your financial situation.
You should also realize that working while you receive social security retirement can reduce your benefits. If you are not yet at full retirement age, $1 in benefits is deducted for every $2 you earn above the annual limit. In the year that you will reach your full retirement age, $1 in benefits is deducted for every $3 you earn above the annual limit. When you reach full retirement, you are allowed to work as much as you would like with no reduction in benefits.
To receive your social security benefits, you will need to apply either online or at your local SSA office two to three months before your projected retirement date. The Social Security Administration recommends that you visit your local SSA office at least year before, though, to discuss how applying for benefits will affect you financially. They can also better walk you through the application process.
Do I Need a Social Security Lawyer?
Posted by admin on Dec 14, 2008
Applying for disability with the Social Security Administration can be confusing and challenging. Educating yourself about the process is wise, regardless if you plan to hire a social security lawyer or do it yourself. The following are frequently asked questions about applying for Social Security Disability benefits.
Q: Am I eligible to receive Social Security disability benefits, if I currently receive workers compensation benefits?
A: If you receive workers compensation benefits, you are still eligible to receive Social Security Disability benefits. You are entitled to collect benefits from both, but cannot exceed 80 percent of your estimated annual income average. The average income of every applicant is different. That means one worker may have a high enough cap to collect full benefits, while another may not. 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. If you are currently receiving $2500 per month in workers compensation, and are eligible for $2500 in Social Security benefits, you would be exceeding your 80 percent limit by $1000. Your Social Security benefits would be reduced to $1500 to meet your cap of $4000.
Consider consulting a social security lawyer or a Social Security representative, if any of your current workers compensation benefits are increased, reduced, or paid via one large sum (instead of in installments). Your Social Security allotments are often affected when the amount or method of payment of workers comp is altered from when you originally applied.
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. Your assets do matter if you are applying for Supplemental Security Income (SSI). SSI benefits are awarded based on need, so any income and assets you have must be considered.
If you are unsure how to report your assets or confused about whether you qualify for SSD or SSI benefits, contact a Social Security claims representative or seek advice from a social security lawyer.
Q: SS wants me to see one of their doctors. Do I have to?
A: Not in all cases. Your disability examiner should not request that you have a consultative examination (CE), unless he could not gather enough information about your case. If, for example, your doctor cannot provide many details about your condition or you have not received recent care for your treatment, your disability examiner may request a consultative examination. The medical specialist that provides the CE will be able to provide an updated profile of your condition. The CE should not be given more weight than previous examinations provided by your other doctors. The Social Security Administration will pay for your CE. Contact your case representative, if you feel you should not have to go through another exam. If you are confused about next steps to take, you may wish to contact a social security lawyer.