Your Social Security Disability Benefits Options
Posted by admin on Mar 9, 2009
Q: Should I make my claim for social security disability under my own account, or under the social security account of my spouse who recently passed away?
A: Of course, for most people applying for social security disability, your objective is to receive the highest payments you can. In some cases, you will receive the most generous payment by applying under a deceased spouse’s SS account. 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.
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. 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. In the case that you do choose to claim survivor’s benefits, you will receive your spouse’s full social security disability benefits when you reach retirement, or when you reach the age of 50 and are disabled. If you are not disabled, you can get anywhere from 71 to 99 percent of your spouse’s benefits before you reach retirement, as long as you are 60 years old or older.
Q: I am receiving social security disability but I want to apply for SS retirement.
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: I heard the everyone has their social security disability application denied by the SSA the first time they apply. Is that true?
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. The Social Security Administration has no policy or regulation stating that all first applicants should be denied. One the other hand, it is also true that first claims are denied quite often, and that the highest success rate with social security disability claims is in appeals, not on first application.
Of all social security disability claims, about 70% are denied the first time they apply. The biggest problem with this is that many who see their claims rejected do not know what to do improve their chances of being approved on the next application. Since most social security disability approvals happen through appeal, it is key to have knowledge of the ins and out of the appeals process. Consult the Social Security Administration or a social security disability expert for more information.
Supporting yourself while you wait can be quite stressful. Given the duration some claims take, it is vital to examine and adjust your budget when possible. Try to eliminate all spending that is not mandatory. Even if you can pay for those things now, you need to have a financial cushion should your claim take a year or two. Put any money you save by cutting discretionary spending aside to help you through the time it may take to reach a decision about your social security disability claim.
For those that serve their country, the Department of Veteran Affairs provides a wide range of disability benefits. But not all VA benefits are created equal– the benefits you receive for your disability claim will vary from person to person. The VA uses eight “priority groups” to determine which benefits you will receive, with “1″ being the highest priority and “8″ the lowest (as of 2003, no new veterans are enrolled into group 8). Your priority group depends entirely on your disability and how it first occurred (service-connected or non-service-connected), your financial situation, and your current level of disability.
Since whether or not a disability is service-connected or non-service-connected can have a great effect on the benefits you will receive, it’s important to have a good understanding of the specific requirements for each of these two types of benefits.
It is an indication, however, that more details on your medical condition are required in order to rule on your application. Once an exam is asked for, it is mandatory that you undergo the examination. If you have any questions or concerns about your particular CE, you many wish to contact a social security lawyer.
Q: Do I need to hire a social security lawyer if my initial application for disability through Social Security was denied?
A: A social security lawyer on your side will definitely make the appeal process less stressful for you. A large number of cases initially reviewed by the Social Security Administration are not approved.
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If you have any questions regarding backpay or the length of time it is taking for you to receive your benefits, it may be wise to speak with a social security lawyer.
Q: If you are rewarded social security disability benefits, are your children also eligible for benefits?
A: Certain family members may be eligible to receive benefits, as well. Unmarried children under the age of 18 are eligible. If your child is a student, he is eligible until he turns 19. Your spouse may qualify if he is over age 61.
Am I eligible to get his or her VA benefits?
A: In some cases, yes, benefits are available for children and spouses who survive a deceased veteran. However, every case is different, and you need to be sure to speak to a professional before moving forward. Q: How do I apply for benefits?
A:The VA has laws that are considered veteran friendly laws. It is the responsibility of Veteran Affairs to help you apply and file a disability claim, as well as take you through the benefits application process. There are Regional Offices in every state and there are organizations set up to assist the veterans at no cost to you.
You and your attorney are a team. If you have any concerns about the status of your case, address them with your social security lawyer. You employed your attorney for that reason.
Q: Are veterans who receive compensation through the VA also eligible for disability insurance through Social Security?
A: An individual is eligible to be awarded disability with the Veterans Administration and the Social Security Administration. Any veteran who became disabled after September 30, 2001 is entitled to expedite his application for social security disability benefits.
The Social Security Administration is responsible for the payment of social security benefits under the social security system in the United States. There are several categories of social security benefits, depending on the need that it seeks to address. 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).
The pretax monthly limit this past year was set at just below $1000. Make sure you keep Social Security informed of all changes in your work income. You are responsible for repaying any benefits that were paid that you should not have received due to income. If you have the desire and ability to work in any capacity, you should not hesitate to pursue that. Purposefully keeping your hours low for the sole purpose of continuing SSI benefits can be considered fraudulent.
In general, the following are considered “resources” that count towards your income:
• Coins and Currency
• Bank Accounts
• Stocks and other Investments
• Real Estate
• Life Insurance Policies
• Vehicles
• Personal Property
Though it is possible to be approved for SSI if you own a vehicle and one home, owning too many assets or “resources” can reduce your chances. In order to be approved for SSI, you must generally have less than $2000 in a bank account for a single person, or less than $3000 for two people. However, you will want to talk to a social security lawyer about the specific requirements for your state.
Q: Will they take away my benefits if I sell my house and make money off of it?
A: Like with most social security questions, the correct answer to this varies from person to person, and it is a good idea to consult a social security lawyer. If you sell your home and make a profit, the amount of profit will determine your continued SSI benefits.
I am able to work but not at what I used to nor can I earn the same money I used to. Can I still file for SS benefits?
The Social Security Administration grants Social Security benefits based on a few considerations. The most important condition is the degree of your disability as determined 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 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.
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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: You do not need a social security attorney to win your case. Most claimants can handle the first step in the process themselves. Unfortunately, a fair number of applications for disability benefits are denied after they go through the initial review process. It would be beneficial to have an advocate like a social security attorney, if you would like to file an appeal.
What are Social Security credits, and how can I not have enough of them when I’ve worked and paid taxes for years?
A: Credits that go towards qualifying you for benefits from Social Security are earned by working and paying your Social Security taxes. The number of credits you receive is based on both income and the number of years worked. The necessary income level for receiving social security benefits credits rises a bit each year; as of 2008, you receive one credit for every $1,050 you earn. 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.
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Social Security changes the maximum income level yearly. You can find the current limit in the official SSA web site or in official SSA booklets.
However, be aware that your earnings in your current job are not the only earnings the state agency will take into account. If you can move to another line of work and in so doing raise your income above the approved level, you will not be considered eligible for disability benefits. The state agency will consider your training, experience, age, and medical condition when deciding whether you are able to do other work, so you will not be pushed into doing work for which you are untrained or which strains your physical capacity.
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You will need to file for reconsideration within 60 days of when you were notified of denial. Most claims are still not awarded benefits after reconsideration. Submitting an appeal for a hearing is the last chance for a claim to be awarded benefits. Having the expertise of a social security attorney during the hearing process can be invaluable. The majority of cases that win during the hearing process have been represented by an attorney.
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