Bring these Questions to Your Social Security Lawyer
Posted by admin on Sep 9, 2009
Q: If I get Supplemental Security Income benefits, will my children get them, too?
A: When applying for Social Security (whether you work with a social security lawyer or navigate the process on your own), you need to keep in mind the differences between Social Security Disability Insurance and Supplement Security Income, or SSI. One major difference is that, while children may sometimes be eligible for benefits under Social Security Disability Insurance (talk to a social security lawyer for details), under SSI they will not. Because SSI is considered to be a need based program, dependant benefits are not offered.
With Social Security Disability Insurance Benefits, however, you may be able to obtain benefits for your minor children. Your dependent children’s ability to get benefits will generally be based on your past earnings. Not all of those who apply for Social Security Disability Insurance Benefits qualify for dependents’ benefits. Those without a sufficient earnings history might not be approved. 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. has its own general rules about qualification for SSI, and a social security lawyer should be able to help you with the general rules behind what is considered a “resource” in your state.
See below for some of the things that are generally considered a resource, and which will be considered a part of your income.
• Coins and Currency
• Money in the Bank
• Stocks and other Investments
• Real Estate
• Life Insurance Policies
• Vehicles
• Owned 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: The answer to this question will vary from case to case, and it is a good idea to speak with a social security lawyer in this situation. If you do make money from the sale of a home, the amount of money you make will be the deciding factor in the effect on your SSI. If the profit from your home takes you over the “allowable value” of your resources at the beginning of the month, you will not be eligible for benefits for that month. And if that money stays in your possession into future months, your approval to receive SSI benefits may be questioned. If you are planning to sell a home, it is a good idea to consult a social security lawyer to understand how that sale may affect your benefits.
Q: According to the Social Security Administration, I am one credit short of the number I need to be eligible for benefits. What does this 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). For you to be eligible to be “insured” for SS Disability, you will generally (though not always) need to have earned 20 credits during the last ten years of work. This 10 year rolling period should end when the SSA deems your disability to have started.
Sadly, though, the rules that go into determining how many credits you have and need for the last ten years of work makes meeting your credit requirements rather difficult.
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In this record, you will be able to see what kind of benefits you would be eligible for were you to become disabled and were granted SSD benefits. Your “DLI,” or Date Last Insured ,will also be referenced on your annual SSD record.
Q: “I would like to obtain a copy of my SSD record. How do I do this?
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.
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