Your Social Security Benefits Questions: Social Security Credits
Posted by admin on Jan 26, 2010
Your Social Security Benefits Questions: Social Security Credits
Q: Social Security tells me that I don’t have enough credits to qualify for benefits. What are Social Security credits, and how can I not have enough of them when I’ve worked and paid taxes for years?
A: When you work and pay Social Security taxes, you earn credits that are used to qualify you for social security benefits. The number of credits you receive is based on both income and the number of years worked. With each year that passes, the amount of money you need to make in order to earn social security credits rises; in 2008, it is one credit for $1,050 of earnings. You can receive a maximum of four credits annually (which is why credits are also called ‘quarters’), and any credits you earn will remain on your record even during periods in which you’re not working.
A certain number of credits or quarters are required in order to qualify you to receive social security benefits. The number of credits you need for social security is based on your current age, and is calculated by the number of years you have worked. If you’re looking to be eligible for social security benefits for retirement (and are of more than 62 years of age), you will need to have 40 credits (the equivalent of 10 years of work).
However, it can happen that a person who has worked a seemingly appropriate number of years does not gain the necessary credits for social security benefits. This occurs to workers who, during their working careers, did not (or do not) have social security taxes taken out of their wages. In general, this sort of situation occurs with Federal employees who were hired before 1984, employees of railroads who have more than ten years of service, and the employees of governments (both state and local) which have chosen not to participate in the social security program.
Your Family’s Social Security Questions, Answered
Posted by admin on Jan 23, 2010
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. As a guideline, your husband or wife’s legitimate child, adopted child, or illegitimate child will be considered your 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. Social security attorney.
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. More information.
Will Hiring a Social Security Lawyer Speed Up My Claim?
Posted by admin on Jan 6, 2010
Q:. Am I eligible for disability benefits, if I suffer from occasional seizures?
A: Not all applications for Social Security disability involving seizures are approved. The two factors that determine whether you qualify are how often the seizures occur, and if you are following the prescribed medication and treatment recommended by your doctor. Seizures that are categorized as major motor seizures must happen once a month or more and must occur during the day. Minor motor seizures must occur once a week or more. You must prove that you have been following the prescribed medication and therapies recommended by your doctor. Your application for benefits will not be approved if there is any evidence that you have not been following the recommended treatments and medications. You will need to provide a copy of your EEG and copies of your medical records. A social security lawyer may be helpful in determining if your specific situation meets the guidelines of the Social Security Administration.
Q: Why does it take so long for my claim to be processed?
A: Unlike applications for other federal programs, the Social Security office has no required timeline for processing applications for disability. For applications that were complete and filed correctly, the average processing time is about 4 months. That means that within 3 or 4 months, you should be notified via letter whether or not your application was approved. Your application goes through a handful of steps as it is processed by the Social Security Administration. Once a disability examiner is assigned to your case, he must wait to receive your medical records before he can begin his review. Waiting for requested medical records is what causes most application delays. After reviewing your medical records, the examiner provides a synopsis of your case and passes it along to a medical specialist for consultation. The file will be given back to the examiner after the medical specialist provides his expert opinion. After that, a final decision about your case is rendered and you will be given written notification of the status (approved or denied) of your case. You may choose to submit your file for reconsideration, if you were not approved initially. In that case, your application will go through the same process with a different disability examiner and medical consultant. If your application is denied after reconsideration and you wish to appeal, it is wise to have a social security lawyer on your side. You may have to appear in court to defend your case.
Q: Can I speed up the process by hiring a lawyer?
A: Applying for disability with the Social Security Administration can be an arduous process. Many applications must be filed again, after they were initially submitted with errors or missing information. A social security lawyer can help you navigate the process and assure that you have provided all the necessary components for your application. This will allow you to file your claim correctly and more quickly than if you had to do it all on your own. About 70 percent of applications filed are denied. A social security lawyer may have helped in many of those cases. An attorney is usually recommended if your application is denied and you plan to appeal or have your case reconsidered.
If Your Case is Denied After Reconsideration, Do You Need a Social Security Attorney?
Posted by admin on Dec 30, 2009
Q: What happens at the first interview after you apply for disability through social security?
A: The first thing that will happen after you file for social security disability is the scheduling of the initial interview. The purpose of the interview is to provide the disability examiner assigned to your case with the basic background about your case and you. Your social security attorney will make sure you have all the applicable information and documentation for that first meeting with social security. You may not plan to hire a social security attorney, in which case you should get organized and assure that you arrive at that interview with all the necessary items. Some sort of photo identification, like a drivers license or passport, is required. You will have to answer some questions regarding your identity, if you do not currently possess a picture identification card. Make sure you have a certified proof of birth document. Take proof of marriage, if applicable. Similarly, bring documentation that provides proof of any additional dependents. If you served in the military, bring your separation documents. Years of service can often positively affect your benefit payments. Once all the identifying data has been collected, the interviewer will ask you about your work and injury. Be prepared with supporting documentation about your medical condition. Provide contact information for all your treating physicians. Finally, provide supporting documentation and details about your employment for at least the past decade. Hours worked and salary should be included. Again, if you plan to hire a social security attorney for the application process, it would be wise to meet with him or her prior to the initial interview. Having a social security attorney is not required for any part of the disability application process, but you will want to assure you come prepared to the first meeting. By assuring you have all the required documents, you can decrease the chances that your application will be delayed.
Q: How do you file an appeal if your application for social security disability is denied?
A: The next step after a claim for social security disability benefits is not approved is to make a request for reconsideration. Paperwork for reconsideration must be submitted no later than 60 days after the date of denial for your particular case. If you do not file within that timeframe, you will likely have to begin the application process from step one again. You do not necessarily need a social security attorney, but having such an advocate can be helpful during reconsideration. Most claims for social security disability benefits are not awarded until after the next step, which is a hearing. It is recommended that you have representation of a social security attorney during the hearing process. A claim must first be reconsidered before an appeal for a hearing is made.
Q: What is the biggest mistake made when a claimant is denied social security disability benefits and files an appeal?
A: The major snare for disability benefits appeals is to miss deadlines. All reconsideration paperwork must be submitted within 60 days of the date of denial of the application. The expertise and experience offered by a social security attorney can be invaluable, if you are confused about appealing your claim.
How Much Can a Social Security Attorney Receive?
Posted by admin on Dec 27, 2009
Q: If I hire a social security attorney, is there a way to know how much I might have to pay him or her?
A: Your lawyer would only be paid if you are awarded disability benefits. Your attorney will not be compensated if your claim is not approved for disability benefits. That means that your social security attorney will do all he can to assure you win your case. Your lawyer will be awarded no more than one quarter of your back pay. There are limits to how much that dollar amount can be. Currently, that limit is just under $6000. Often the money owed to your attorney is subtracted from your retroactive benefits payment automatically by Social Security. It is possible that you will owe your attorney for other costs he or she had to take on during the process, such as ordering medical records.
Q: Do you have to have an attorney in order to be awarded social security disability benefits ?
A: It is possible to be awarded benefits without the help of a social security attorney. Most claimants can handle the first step in the process themselves. Most claims, however, do not receive approval after that first step. If you plan to appeal after being initially denied, the expertise of a social security attorney would be extremely helpful. Having your claim reconsidered is the next step after the initial review process, and a request to do so must be received by Social Security no later than sixty days after you received notification that your claim was not awarded benefits. A large number of claimants whose cases are reconsidered are not approved. The next and last step is then to file a request to have your case heard before an administrative judge. Having the expertise of a social security attorney during the hearing process can be invaluable. Most claims that are awarded benefits after being heard by a judge have legal representation. Having a lawyer on your side also guarantees that no deadlines will be missed and that your file is complete and correct.
Q: How do you make sure your social security disability application is moving through the process?
A: Making sure you know how your claim is progressing is very smart. If you have a social security attorney, he or she will do this for you. Take charge and get some updates, if you do not have an attorney. Simply contact the disability examiner for your case and ask for an update. You have the benefit of seeing that your case is going through the review cycle like it should, and you have a chance to chat with the disability examiner regarding any issues that might be delaying your claim (such as missing medical records or lack of required forms).
Attorneys for social security disability Blog
Posted by admin on Dec 6, 2009
How Much Service Is Required? - To reach eligibility for a non-service-connected pension, a veteran must have one day or more of active duty in a “period of war”, with at least 90 days total active duty. However, for a veteran who entered military service after 1980, the service requirement is simply to have completed a full period of active duty. 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.
Entry Tags: Social security help, Social security benefits orlando
Your Questions About Social Security Benefits
Posted by admin on Nov 13, 2009
Q: I own a business, but do not run it myself. Would I still be eligible to receive 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. What does this mean? If you die in the while your claim for social security benefits is pending, your family may be able to get some of the benefits you would have been eligible to receive 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.
Only certain close family members are eligible for these survivor’s social security benefits. 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). 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: A person who has worked and paid social security taxes may be eligible for survivor’s benefits upon their death. In general, for family members to receive survivor’s social security benefits, ten or so years of work will be needed (though this does vary). 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
• Children less than 18 years of age (or as old as 19 if they still attend secondary school)
• Children of any age disabled before the age of 22
• Dependent parents over 62 years of age.
Are the Services of a Social Security Attorney Required?
Posted by admin on Oct 24, 2009
Q: When should you submit your application for disability insurance?
A: It is the most advantageous to apply for benefits as soon as possible after the onset of your condition. Should your application receive approval, you cannot actually collect your first payment until you are into the sixth month of your injury (social security will determine an “onset” date for your injury). The onset date is the first day you were unable to work due to your condition. The evaluation time for the average initial claim, however, is 3 or 4 months. If you delay submitting your application, you add more time to how long you have to wait to receive your benefits even though you may be eligible. You will be able to receive retroactive benefits, even if you wait to apply. No one can receive benefits for the 5 month waiting period. But the longer you wait to apply, the longer you wait for your first check. A social security attorney can be an invaluable source, if you are having difficulty applying for disability benefits.
Q: Can you receive Medicaid and social security disability?
A: A person who is approved for social security disability insurance (SSDI) is eligible for Medicare. An individual cannot receive Medicare benefits until two years after the date of onset of the condition plus five months (the waiting period mentioned in the previous question). Those who collect SSI can apply for Medicaid. The distinction can get a bit confusing for those who may collect both SSI and SSDI for a certain period of time. An individual in this situation should call the social security claims manager for his particular case to determine eligibility for Medicaid and Medicare. If you believe you are eligible for certain benefits and have not been approved, you may wish to seek counsel from a social security attorney.
Q: Do you need a social security attorney if you plan to appeal your claim?
A: You do not need a social security attorney to apply for disability insurance, have your case reconsidered or appeal for a hearing. If your initial application is denied and you plan to appeal for reconsideration, however, you may wish to hire a lawyer. Most cases that are reconsidered are denied and are then appealed to be heard before an administrative judge. Most cases that are approved after they are heard before a judge are represented by a social security attorney. The knowledge and expertise a social security attorney can bring to the hearing process can be invaluable.
Clearing the Muddy Waters of Social Security Disability
Posted by admin on Sep 17, 2009
Many, many Americans (even the ones who qualify for benefits) are filled with questions about the process of applying for Social Security Disability. If you are not familiar with the ins and outs of the Social Security Disability process, applying for benefits can be a pretty frustrating experience. If this is you, you are not the only one out there feeling that way. Read on for easy to understand answers to some of the social security questions we most commonly hear. We hope that this information can help you to better understand the process, and know what you should do next.
The question we probably hear more than any other is “How are Social Security Disability and Supplemental Security Income different? The truth is, there is a lot of difference between them. Social Security Disability is known as SSD and Supplemental Security Income is known as SSI. The common ground between the two is they are both for disabled citizens, but that is where the commonality ends.
Supplemental Security Income is for those disabled persons who have either never been employed and earned money, or have not been employed enough total time to make them eligible for Social Security Disability. This is a wide group, including children, mothers or fathers who stay at home, or people who worked before they were disabled, but did not pay enough into Social Security to qualify them for SSD benefits. Supplemental Security Income is a benefit given based on income as well as disability, so if you have a spouse who makes too much money, you may be denied benefits even if you would qualify otherwise.
Social Security Disability works like this: you work, you pay taxes, and you pay for Social Security. Social Security keeps a statement on every individual that details how much money you made in the years you worked and how many “quarters” you have paid into the system. This is a statement that is sent on a yearly basis to individuals once they have earned enough quarters to qualify for SSD, should they need it. This statement will detail how much money you could receive if you became disabled and approved for Social Security Disability benefits. This statement also tells you your Date Last Insured often referred to as your DLI.
Q: “How can I get a copy of my statement?”
A: You can contact your local Social Security Administration office and ask for a copy of this statement. You can also obtain information from your statement over the phone, like your DLI, the amount of time you are recorded as having worked, etc. You can find your local office by calling 1 800 772 1213 or going online to the Social Security Administration website.
Q: “Why don’t I qualify for SSD when I worked the majority of my life?”
A: The reasons why you may not qualify for benefits are different from person to person. When you pay into Social Security it is almost like when you pay for health coverage. A certain amount of time after you stop paying your coverage will end. This is the same for Social Security. If, for instance, you work for 30 years before retiring early, the moment you leave work you will stop paying into your Social Security account. You only have a certain amount of time to file for SSD benefits before your coverage ends. If you are in this situation and your coverage has ended then you should consider applying for SSI.
Q: “It’s my money! I worked and I paid into the system, why can’t I get my money back?”
A: While you certainly have a point, the Social Security system just does not work this way. You do have to be found medically disabled even for SSD benefits. Paying into the system simply qualifies you for Social Security Disability.
Q: “I am already getting Social Security Disability but its not enough, I need to get more money.”
A: This is often what people say and this situation is understandable. However, in the world of Social Security benefits, the idea of “getting more money” just does not exist. With SSD you are either approved and receiving the entire benefit available to you or you are denied and receive nothing. You have only “paid” so much money into you Social Security account. It is similar to if you had a regular bank account that you withdrew monthly funds from, there is only so much money in that bank account and no more is being added because you are not working.
Q: “I was on SSD and then I went go jail, why am I not getting my benefits anymore?”
A: When you are in jail or prison, you are a ward of the state and the state is paying for your food, clothes, and necessities. Because of this the Social Security Benefits are stopped and when you are released you often have to reapply for benefits. If you find yourself in this situation, it is a good idea to speak to a lawyer or an expert in SSD laws and policies.
Q: “How long does this process take?”
A: The answer to this changes from applicant to applicant. Almost everyone is denied at least once if not twice. The entire process on average can take about 2 to 5 years. If you are in the middle of this process, and have a hearing scheduled to evaluate your application, it is a good idea to speak with a professional who understands the ins and outs of the SSD process. Most Social Security professionals offer a free consultation, and will let you know up front whether or not they can take on your case.
Q: “I was approved but now they are telling me that they over paid me and I have to pay them thousands of dollars back.” A: Unfortunately, this really does happen, and is called an “overpayment case.” If this happens to you, the first thing you need to do is speak to a lawyer who handles these kinds of Social Security cases.
If you find yourself in any of these situations and you are not sure what to do start asking questions. Speak to a professional who deals with SSD, and keep in mind that if one lawyer rejects your SSD case, there are others who may be willing to take it on. Shop for lawyers accordingly… some only take SSD or SSI cases, while others take all social security related cases. If you are not sure who to contact first there is a referral system for attorneys that specifically handle Social Security claims. This agency is called the National Organization for Social Security Claimant’s Representatives, or NOSSCR. If you call them and let them know what type of social security situation it is, such as SSI benefits, an overpayment case, a cessation (where they stopped your benefits) etc, they will give you the name and number of an attorney in your area to contact.
Guidelines for Applying for Social Security Benefits
Posted by admin on Sep 11, 2009
Q: If a person is currently unable to work due to injury, can he receive social security benefits?
A: To receive social security benefits due to an injury, you must meet some requirements. When you were injured, you had to have been in the workforce and covered by insurance. You must have been employed for five out of the previous ten years as a mimimum. It is required that your job was covered by Social Security. You must be younger than the retirement age in order to receive social security benefits via the disability program. Last, but not least, your injury needs to be such that you will not be able to join the workforce again for a minimum of 12 months. There are no benefits via social security for a worker who will only be out of work for a few months due to his injury.
Q: When will social security benefits stop?
A: Social security benefits will continue until a person no longer suffers from the medical condition that made him unable to work. In that case, the benefits would continue until the second month after the medical condition had ended. Social security benefits would also end if a person reaches retirement age and is eligible for retirement benefits. Disability benefits would be converted to retirement benefits. Your file will be evaluated regularly in order to verify the status of your injury. If your medical condition does not change, though, you will not have to apply again to remain eligible for benefits.
If a person has been notified of approval, when will he receive his first payment for social security benefits?
A: A person must be out of the workforce due to the medical condition for a minimum of five months before social security benefits can begin. Ideally, in that sixth month, a qualified individual would start receiving benefits. If you have applied, but have not yet received notification for approval, the processing time can vary. The thing that usually affects how long it takes to process an application is the wait for medical records. If it takes a while to receive requested medical records, the disability examiner assigned to your case must wait until he receives them to approve or your deny your application. Most applications are reviewed and the claimant notified of a decision within four months.