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.
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If the Appeals Council agrees with the hearing verdict, it will not grant any further review. It may decide the case needs to go through a second hearing and will send the case back to the court to have it heard by a different judge. Lastly, the council may review your claim and make a decision about awarding social security disability insurance without involving another hearing or judge. A claimant who is not awarded benefits after an Appeals Council review, may bring a lawsuit through the Federal district courts. The majority of claimants whose cases are heard before an administrative judge have a social security disability lawyer on their side.
Your benefits could be in jeopardy if you have not provided the required or current documents for your file. You may also be considered no longer disabled if you have returned to work and are earning at a “substantial” level. If you disagree with the evaluation of your case, it is important that you talk to a social security lawyer immediately.
Q: Will SSA pay me to care for my disabled spouse?
A. Generally, no.
If you decide to use a county clinic, the best way to go about it is quietly: it is best not to tell them about your current disabilities. Why? Because underfunded county clinics often turn away those with complex medical problems, insisting that they do not have enough money to treat you. They may decide to turn you away before you even get to see a doctor. Instead of providing a long medical history, when you speak to a county clinic, simply state that you a person without medical insurance who needs to see a primary physician. Nothing more.
If you do not believe your doctor thinks you should apply for social security disability insurance, then you will want to seek treatment from a different doctor. In addition to the statement provided by your doctor, the claims examiner will also review your medical records. Check with your representative to make sure your most recent and complete medical files have been received. A wait for medical files is the biggest reason claims are delayed. Your medical history is the key factor in your claim, but you also need to submit paperwork correctly and within deadlines.