Social Security Benefits: Some Key Facts
Posted by admin on Nov 28, 2008
Social security benefits in the United States include the monetary compensation payable to individuals under the social security system, and are administered by the Social Security Administration. 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. Some segments of society can receive social security benefits through some specific clauses addressing that segment. For instance, the disability benefits are available for workers unable to continue their existing jobs, once they cross a required duration at work (calculated as credits). To address the differing requirements of different sections of the society, the Social security administration pays the social security benefits through two different 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. However, the persons earning above a certain quantum of salary will not be considered for social security benefits. 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. In case a person is unable to perform a previously held job, the administration looks for an equitable alternative for the person. 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.
Q: If I am eligible for service connected benefits, and have 10% hearing loss and 30% PTSD, why are my disabilities considered only 30% connected to my military service?
A: The VA has a rating schedule that they use to determine what percentage is to be granted for each disability depending on the severity of the disability. Rather than using math to determine these percentages, they use a rating chart to give you a total final percentage, or rating. Because determining a percentage of service connection is quite complex, if you feel that the percentage awarded you is insufficient for your disability, you should speak to a professional about your options.
Q: Why does my neighbor receive 70% for the same disability that I have?
A: This is due to the fact that the VA rates everyone separately depending on the severity of their disability. 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.
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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.
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. In order to receive the lump sum payment, your survivors must prove that you would have qualified for social security disability in the month of death.
Lump Sum Death Payment of social security benefits is available only to particular surviving family members. When making the claim, the family will need to provide information and records about the deceased’s social security benefits eligibility and application (if there was one). They will also request evidence of the deceased’s disability beginning at 14 months before the date of death.
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Foremost of these is the extent of your disability as defined by the Social Security Administration. The SSA considers you disabled if you are not able to perform the work that you did before, and that you cannot take up another line of work due to your condition. You are also classified as disabled if your illness or condition is anticipated to last for a year or if you are expected to die from your condition.
Social Security is designed to work on the principle that members can rely on family members to support them during their illness or that they have other sources of income. These resources may include compensation from your place of employment, insurance programs, and personal savings.
While many people opt to handle the process of applying for Social Security benefits by themselves, there are many instances wherein hiring a Social Security lawyer can make things a lot easier. Since errors made at the start of the application process results are a common occurrence, many claims for disability benefits are often denied. The good news is that these decisions can often be reversed in favor of the applicant, once he or she hires an experienced Social Security lawyer to assist in the appeal process.
How long will it take before Medicare coverage takes effect?
Most people who are already receiving Social Security disability benefits will receive Medicare coverage automatically. Information about your Medicare benefits and your Medicare card will be sent to you shortly before you reach the age of 65 or before your 24th month of disability.
Specifically, an individual who enlisted for the first time on or after September 8, 1980, is required to complete a minimum period of service, either twenty-four months of continuous active duty or the full period for which the veteran was called to active duty. Additionally, the veteran must have active service that includes a total of ninety days during one or more periods of war; ninety or more consecutive days, one day of which is during a period of war; or at least one day of wartime service that results in a discharge for service-connected disability.
• Discharge- To be eligible for benefits from the Department of Veteran Affairs, your discharge from the military needs to have been under non-dishonorable circumstances.
Service-Connected Benefits Requirements
Unlike with non-service-connected benefits, veterans who receive service-connected benefits do not need to be fully disabled, have served during wartime, or meet an income or net worth requirement. Instead, you need to be able to prove the source and current status of your disability with:
• Evidence of current disability- As service-connected disability benefits are only available to those with current disabilities, the first things applicants must do is provide a current diagnosis of their disability using up-to-date medical records.
A: In most cases, a person currently receiving social security disability benefits will automatically receive retirement benefits when they reach full retirement age. Most people who get social security disability have to do little or nothing to bring about the transfer. Speak to the SSA or a social security disability lawyer for more information.
Q: Is it true that everybody’s social security disability claim gets denied the first time?
A: While you may hear plenty of horror stories about constant rejection from the social security disability program, the truth is that not all first claims are denied. In truth, the SSA has no rule in place that directs them to deny all first claims.
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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. When you apply for disability, the state agency in charge of your case will assess your total earning capacity. If you can still work but your maximum possible income falls below a certain amount, you can still collect disability benefits. 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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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.
The main criteria for availing social security benefits is that the person claiming the benefit is unable to work or has to stop working due to a medical condition that may last up to an year or result in death.
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When you request social security benefits, documenting and tracking your disability is your own responsibility. If you wish to apply for Social Security benefits, it is key to be specific and forthright about your symptoms when you speak with your doctor; even if the visits do nothing for your condition. During each visit, assure that your doctor documents your symptoms and your condition. The more documentation and evidence you have for your disability, the better your chances of getting social security benefits.
Q: I am able to work but not at what I used to nor can I earn the same money I used to.
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Claiming Social Security Disability benefits can be a long and arduous process, oftentimes involving various forms and documents, and interviews with Social Security Administration representatives. In case you are denied Social Security Disability benefits, you may even have to face a judge, which is yet another good reason to have a social security lawyer on your side. When you consider that many SSD applicants are often denied benefits two times or more, and the appeals process can take up to two years to complete, the reasons for hiring a social security lawyer become even more apparent. With a social security lawyer, this process can be speeded up considerably.
It is important for you take your benefits claim seriously and to do what your social security lawyer suggests at all times.
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Do I have to?
A: Not necessarily. Your disability examiner should not request that you have a consultative examination (CE), unless he could not gather enough information about your case. Perhaps the examiner needs a more recent exam than what was provided in your medical history. The doctor performing your consultative examination does so simply to provide the most current medical information about your case. The CE should not be given more weight than previous examinations provided by your other doctors.
For proof of your disability, the SSA will thoroughly explore your medical records. If there is little or no medical documentation of your disability, there is an overwhelming chance that your Social Security benefits claim will be denied.
When applying for Social Security benefits, the SSA considers it your own responsibility to document and track the progress of your disability. If you are applying or plan to apply for Social Security benefits, it is very important to regularly see a doctor; even if the visits do nothing for your condition. Be sure your doctor keeps track of your symptoms to give the SSA a thorough history of your disability.
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In most ways, blindness is treated by the SSA like any disability. But some special benefits are set aside for the legally blind, as this condition is particularly disabling. You should speak to a social security lawyer about any extended benefits you can get for legal blindness.
Q: I’ve heard I can’t file for Social Security for 12 months after my disability. Do I have to wait?
A: No, this is not true.
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Many people are not aware however that part of the Social Security tax can be used in the form of a disability plan. Federal law states that in the event of an injury or some type of illness or disease that effectively hinders your ability to work, you can claim some Social Security benefits even though you have not reached retirement age yet. These benefits can be used to provide you with an income source in the event that you are not able to work.
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.
A fair number of applications submitted for social security disability benefits are not approved. Those wishing to appeal their case would be wise to seek counsel from a social security attorney. Hiring a social security attorney does not mean your case will be approved. It does guarantee, however, that your appeal will be executed correctly. A social security attorney will assure that all the details for your hearing are prepared and will know how to navigate the process.
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.
In other situations, the greatest social security disability payment will come from applying under your own account. Either way, you have to choose which payment is highest, as you cannot have both.
The first step when deciding under whose account to request social security disability is to determine which will provide higher payment. It is best to check with the SSA to determine what those payments might be. Depending on your age, level of ability or disability, and your years of work, it is possible to receive higher payments on your own, or via a deceased spouse’s account.
Can I still file for SS benefits?
Social Security benefits are granted under certain conditions. Foremost of these is the extent of your disability as defined 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. You are also classified as disabled if your illness or condition is anticipated to last for a year or if you are expected to die from your condition.
Social Security is designed to work on the principle that members can rely on family members to support them during their illness or that they have other sources of income.
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
• Old W2s and other tax forms showing that you claimed your 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. If you choose, you can also provide proof that you do not live with or contribute financially to the support of your child.
Do not panic if a consultative exam has been requested for your case. Your attendance is mandatory and your application cannot be approved or denied without the exam, once it has been requested. If you cannot attend the scheduled examination, contact your social security disability examiner and reschedule. You will not have to cover the cost of the CE.
Q: Will my doctor conduct a requested consultative examination?
A; A consultative examination is almost never provided by the doctor who currently provides your care.
Your file will be reevaluated from time to time. It is your duty to keep your claims representative informed of any changes to your medical condition or changes in employment.
Q: After I apply for social security benefits, how long does it take to be notified of a decision?
A: The standard estimate for a decision to be made regarding a social security benefits application is just under 4 months. That being said, it is very difficult to predict how long your particular case will take. A decision on an application for social security benefits can be made in 30 days.
The Social Security Administration requires applicants to earn a specific amount in the course of a quarter. To be eligible for Social Security Disability Insurance, applicants need to have credits equivalent to at least 20 quarters or 5 years’ worth, over the past 40 quarters or the ten years previous to becoming disabled.
Working while you have a Social Security claim pending
Many people seem to think that they are not allowed to file for Social Security disability benefits while they are currently working. The truth is, you are allowed to file a disability claim and receive benefits while you are presently working. Keep in mind however that your monthly income cannot be higher than your SGA or substantial gainful activity amount, which is $900.
If you are found to be ineligible for further Social Security benefits, you have the option of filing for an appeal with an administrative law judge, take your case to an Appeals Council, or file a lawsuit in the federal district court.
Will SSA pay me to care for my disabled spouse?
While there is currently no provision in the SSA that will directly pay you to care for your disabled spouse, you may be eligible to receive certain benefits once your spouse receives Social Security benefits. These benefits are given monthly and can be equal to 50 percent of the disabled spouse’s benefits. It is important to note however that the SSA imposes a limit to the amount of social security benefits that a family can receive.
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If you do not have medical insurance, Social Security will send you to their doctors. These Social Security doctors are not actually there to treat you, but to examine your case impartially and methodically. The best way to prove your case is to get treatment with your own doctors. These are physicians with real knowledge of your case and experience with your disability.
If you do not have medical insurance, there are two different places you can go for help.
Talk to a social security lawyer for details.
Q: Can I still get SSI benefits if I have money in the bank?
A: Any social security lawyer will tell you: because SSI is a need based program, all resources and income will be counted towards qualification. Put simply, those that receive SSI benefits do not have much money or many assets. Every state in the U. S.
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To smooth the process, here are answers to some of disability applicants’ most common questions.
There are no partial disability social security benefits, since SSA is designed only for people who are completely disabled and who have been (or are expected to be) disabled for at least a year. If you wish to file for partial disability, you will need to do so through a state or local program. Being denied disability benefits from SSA will not automatically disqualify you from receiving benefits through state and local programs.
However, even if you are deemed to be completely disabled, you can keep working while receiving disability social security benefits, provided you are sufficiently disabled that your work capacity is low.
It is strongly recommended that you have a social security lawyer for the hearing process. Your case has a better chance of being approved after a hearing, if you have the services of an attorney. You have peace of mind, as a social security lawyer will make sure that your claim is arbitrated fairly all the forms are completed correctly and on time. Additionally, a lawyer can help establish the best date of onset for your condition and file for any back pay benefits.
Q: Will an attorney take care of all my paperwork for disability insurance?
A: A social security lawyer will make sure that all forms are completed appropriately and on time.
Q: Should I apply for social security disability benefits under my social security account or my deceased spouse’s?
A: Of course, for most people applying for social security disability, your objective is to receive the highest payments you can. Sometimes the largest social security disability payment will come from the survivor’s benefits you receive from a deceased spouse’s account. In other situations, the greatest social security disability payment will come from applying under your own account. In either case, you will need to determine the highest payment, as you cannot apply under both.
When deciding if you want to apply under a spouse’s account or your own, calculating the highest social security disability payment is an obvious first step.
Q: If you are awarded social security disability benefits, when are you eligible for Medicare?
A: You are eligible for Medicare two years after the date social security determined you are entitled for social security disability benefits. That entitlement date is the date of onset of your condition (determined by social security when your claim was approved) with the 5 month waiting period added on. You begin receiving social security disability benefits roughly on your entitlement date. Add two years to that time and that is when you are eligible for Medicare. You are eligible for Medicare, if you have been approved for SSDI (social security disability insurance.
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You will then be scheduled for an appointment with a representative assigned to your case. That interview can be done in person or via telephone. Your claims representative will be your point of contact through the application process and will assure that you fill out the appropriate paperwork. Your representative will also help you determine whether you are eligible for social security disability insurance or supplemental security income. He or she will also walk you through any application for back payments of social security disability benefits.
My doctors say that there is no treatment that can help me, so why do I have to keep going to doctors?
Even if you are suffering from a condition that doctors have deemed untreatable, you should still keep seeing a doctor in order to avail of medications that may help alleviate any symptoms or pain that you are experiencing. And if you continue to receive Social Security benefits, you should continue to see your doctor because Social Security will periodically review your claim to deem if you are still disabled or not. If you have not been seeing a doctor on an ongoing basis Social Security could use this against to you to state that you must not be disabled anymore.
While I am still currently working, I am no longer able to work in the same capacity and I am earning much less. Am I eligible for Social Security benefits?
Social Security benefits are granted under certain conditions.
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You will also be required to personally complete information about employment history and your ability to do your usual tasks. Your attorney will assist you and make sure you complete those forms. Your social security attorney will also follow up with Social Security to make sure everything has been submitted correctly and on time.
Q: Can you submit an application for social security disability online?
A: Yes, you can apply online at the official Social Security web site. You can download and complete the initial application, as well as the questionnaire regarding your condition and work history.
The disability examiner for your case will obtain your medical records, review your case and meet with a consultative physician to make a determination regarding your case. At this point, you will receive notification about approval or denial for your requested disability benefits. The majority of cases are denied after the initial review process. If you wish to continue, you may appeal and have your case reconsidered. A disability examiner and consultative physician that only deal with reconsidered files will evaluate your case.
If you are approved, you are not eligible to receive benefits until after a 5 month waiting period from the established date of onset of your condition. The date of onset is when you had to stop working because of the injury. But the review process for an application takes an average of at least 90 days. So, if you wait to apply, you can expect delays in receiving your first payment. You will be able to receive retroactive benefits, even if you wait to apply.
Those wishing to appeal their case would be wise to seek counsel from a social security attorney. Hiring a social security attorney does not mean your case will be approved. It does guarantee, however, that your appeal will be executed correctly. A social security attorney will assure that all the details for your hearing are prepared and will know how to navigate the process.
Q: When should I apply for social security disability benefits?
A: You should apply for benefits as soon as you become unable to work due to your injury.