Your Family’s Social Security Questions, Answered
Posted by admin on Jul 29, 2009
The Social Security Administration provides more benefits to children than to any other 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 can receive benefits if they are:
• Single,
• Less than 18 years old,
• Or are between 18 and 19 years of age, but still a full time student in elementary or secondary school,
• Or, over the age of 18 and disabled before the age of 22.
Q: But, will my children receive social security benefits even if they do not live with me?
If your children do not live with you, their ability to obtain benefits will depend on the specific relationship you share 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 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
• Additional related 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. 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 cases, you can provide proof of your relationship to 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. If you do this, you child will not be entitled to social security benefits under your account.
Talking to Your Social Security Lawyer about Medicare and SSD
Posted by admin on Jul 1, 2009
Q: How long before I am covered for Medicare?
A: A social security lawyer will tell you that, if you’re retired, Medicare is fairly simple. If you are 65 years old or older, and worked for at least ten years in a Medicare covered job, you will generally be eligible for Medicare even if you’re working. If you are under 65 and suffering from a disability, you may also be eligible for Medicare. But for these applicants, it may be a good idea to speak to a social security lawyer or advocate about several complications involved with receiving coverage for a disability.
If you don’t talk to a social security lawyer or advocate when your disability first presents itself, you may not know that you will have to wait 24 months for Medicare coverage. This is a two year waiting period that starts when your disability begins. In order to receive Medicare coverage for your disability, you are also required to be eligible for social security disability. Unfortunately, the combination of the waiting periods for both social security disability and Medicare coverage can make for a very long Medicare wait. It’s generally a good idea to speak with a social security lawyer at the beginning of the process to gauge how long your wait may be.
Q: The SSA says I am short one credit to apply for disability insurance. What, exactly, do they mean?
A: Social Security Disability eligibility is a complex system (which is why it’s a good idea to work with a social security lawyer). In order to qualify as “insured” under SSD, most adults need to have earned 20 credits during the last ten years (counting towards your total number of working credits). This is a rolling ten year period that is supposed to end on the day that your disability is judged to have begun.
Unfortunately, due to the combination of rules requiring a certain number of credits for people of a certain age, and a certain number of those credits earned in the last 10 years, not meeting the credit requirements is easy. A social security lawyer will tell you that this often happens when an applicant simply hasn’t worked enough. Unfortuantely, though, it can also happen when you’ve waited too long to apply for SSD, or when a judge has decided to change your disability’s official onset date. 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. This doesn’t necessarily mean, though, that you cannot work at all. If the amount you earn falls below the income limit for “substantial gainful activity,” it may not affect your claim. You may want to speak with a social security lawyer to learn more.