Is Your Child Eligible for Social Security Benefits?
Posted by admin on Jan 3, 2009
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. In order to be eligible for social security benefits, your child must depend on you financially. 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
• 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:
• Evidence that the child is eligible as your dependent under other programs (state and federal)
• Old W2s and other tax forms showing that you claimed your child as a dependent
• Bank records, cancelled checks, etc., showing that you made regular payments on behalf of or in support of your child
• Other evidence of the child’s dependence
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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 will also be considered disabled if your condition is expected to last for a period of one year or more OR if it is expected to result in your death.
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.
In order to determine the eligibility of a person to apply for Social Security benefits, the Social Security Administration provides a list of medical conditions that are acceptable for the benefits.
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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 you request social security benefits, documenting and tracking your disability is your own responsibility. If you are applying or plan to apply for Social Security benefits, it is very important to regularly see a doctor; even if you’re not receiving treatment. During each visit, assure that your doctor documents your symptoms and your condition.
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These credits are also called quarters, as you can earn a maximum of four of them a year; any social security “quarters” that you earn during your working career will remain on your record even during times of unemployment.
In order to qualify for social security benefits, you need to reach a certain number of credits. This number is based on age, and is generally calculated by number of years 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).
It does occur, however, that a person of retirement age who has worked for what seems to be the correct number of years does not have enough credits to qualify him or her for social security benefits.
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Often cases are denied simply due to lack of appropriate information. Having a social security lawyer on your side during an appeal process will guarantee that your case will be adjudicated properly. Having a social security lawyer handle your appeal will not guarantee that you will win, but it will give you a better chance than if you handled the process on your own.
Q: After I apply for disability, do I need to check the status of my application?
A: Yes, you should follow up on the status of your application. Your social security lawyer (if applicable) can also check your application status.
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Since the application process for such benefits are often determined by a points system, a qualified social security lawyer can make things easier and simpler. A social security lawyer can help you with the different types of Social Security Disability benefits available and help you decide which one is the most appropriate to your situation. A social security lawyer can even help you with the qualification process.
There are several benefits for disabled persons as provided by the Social Security System. A good social security lawyer can help you better understand the rules of each one, as they can be quite complex.
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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. 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. ”
The money your business makes may have an effect on your social security disability. If that income goes over the predetermined substantial gainful activity (SGA) level, the SSA may consider it a substantial income.
The reason for this is that SSI is given based only upon need, and so benefits are not offered to dependents.
If you are approved for Social Security Disability Insurance benefits, on the other hand, it is possible to obtain benefits for minor children in some cases. Whether or not your children will receive benefits depends on your earnings records. Everybody who is approved for Social Security Disability Insurance benefits is not necessarily approved for dependent benefits. Those with a short work history may not qualify.
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Lastly, come prepared with background on the past 15 years of your work history. Of particular interest will be wages and average number of weekly work hours. 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. You can increase the likelihood that your case will be processed in a timely manner, if you make sure you have provided all the necessary information.
Social Security will conduct reviews of your file periodically to determine if your medical condition has changed. You do not, however, need to reapply for disability benefits, if the status of your injury and employment has not changed.
Q: When will social security benefits begin, after an individual has received approval for disability?
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.
There needs to be medical data that demonstrates that the condition has resolved to a point that a person could take on employment, in order for payments to stop. It is possible that the case examiner will ask that you undergo a medical examination, if you have not been treated by a physician in quite a while. A request for a medical exam should not cause you any worry. The purpose of the exam is to assure your case has current and thorough data.
Q: Do you still have to pay your social security lawyer if your disability case is denied?
A: A social security disability attorney is paid from your awarded benefits.
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Q: Are my dependents eligible for benefit payments?
A: Payments to dependents are determined by the amount of your Social Security contributions. Your child may be entitled to receive monthly benefit amounts of about 50 percent of your full monthly benefit amount. There is a cap on the amount for which dependents are eligible. As previously mentioned, that amount is dependent upon how much you have contributed to Social Security over your time in the workforce. Your child must be unmarried to qualify.
Get in touch with the representative handling your case, if you make any changes to your contact information. And respond to any requests regarding your case. The representative handling your social security disability application wants to reach a decision too, so be polite and helpful. Finally, be your own advocate and know where your case is in the review process by periodically contacting your claims representative about the status.
Q: Do you have to be out of work for more than five months to submit an application for social security disability insurance?
A: You should apply for social security disability benefits as soon as you become injured and know that your condition will prevent you from working for at least 12 months.
You will still be able to receive state and local disability benefits if SSA denies your application because you are not completely disabled.
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. The state agency that handles your case will consider how much you can earn. 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 more than the cutoff level of income by doing a different job (assuming that there is another job you are physically able to handle and have the training to perform), then you will not be eligible for social security benefits.
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Even if you are under 65, it is possible to be eligible for Medicare coverage if you suffer from a disability. But you may want to talk to a social security lawyer about some of the complications involved in getting Medicare due to 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. To be eligible for Medicare due to a disability, you must also quality for Social Security Disability benefits.
It also must be demonstrated that you cannot take on some other kind of employment. To determine “other work” eligibility, Social Security considers your education, age and the type of employment you had prior to your injury.
Q: How long can you collect social security benefits through the disability program?
A: Your social security benefits will continue until one of the following events occurs. 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.
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