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.
All Your Questions Answered About Hiring A Social Security Lawyer
Posted by admin on Jun 18, 2009
There are many ways by which hiring a social security lawyer can be beneficial to you. Many people who apply for Social Security disability benefits without the help of a social security lawyer will often have a difficult time with the process, putting even more burden on an already difficult situation. 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. With the many different kinds of Social Security disability benefits available, a social security lawyer can help you sort through them and help find the one that best fits your needs. A social security lawyer will even be able to guide you through the qualification process.
There are actually a few disability benefits offered by the Social Security system. The rules for each one can be quite complicated, which is why hiring a social security lawyer can be helpful. A social security lawyer will be able to tell you the differences between each one and which will best suit your needs. This article will go into detail about two types of benefits in particular; Social Security Disability Insurance or SSDI, and Supplemental Security Income or SSI. Your eligibility of SSDI is dependent on your work history and disability, while SSI takes into consideration disability, as well as your income, old age or blindness.
Your social security lawyer can help you apply for SSDI if your Social Security fees are paid, and you are suffering from a physical or mental condition that prevents you from working. People who have been disabled for 12 months, anticipate being disabled for 12 months, or expect death to result from their condition can also apply for the program. Keep in mind that you do not have to wait for 12 months before filing your claim, if you expect to be disabled for that long.
There are situations wherein the Social Security office will overpay you. Again a social security lawyer can help you with this situation, especially if the error lies with the Social Security Administration and you are asked to pay back the overpaid amount, in which case you may want to file for a waiver. If your request for a waiver is denied, you may have your social security lawyer represent you in an appeal process that will determine whether or not you will have to pay back the overpaid benefits.
Should You Be Concerned If Claims Representative Will Only Give Information to Social Security Lawyer?
Posted by admin on Apr 11, 2009
Q: If you become employed part time, do Supplemental Security Income payments continue?
A: SSI benefits are intended for those with limited resources and income. Your SSI payments could stop or simply be decreased, once you have employment income again. If you earn more than the amount Social Security deems as Substantial Gainful Activity, your SSI benefits may be in jeopardy. That amount for 2008, for example, was $940 per month before taxes. It is important that you report all your earnings to Social Security. You will have to pay back any over payments from Social Security. 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. If you have any reservations about returning to work because of loss of SSI benefits, you may wish to contact a social security lawyer.
Q: Should you be concerned if Social Security prefers to communicate with your social security lawyer instead of you?
A: The disability case manager will probably wish to deal with your social security lawyer. You should not be concerned if this is the case. The social security lawyer you hired is your advocate and works only on your behalf. Communicating with both you and your social security lawyer can result in miscommunication. You and your attorney are a team. You should be in frequent contact with your social security lawyer regarding your case. That is why you hired representation.
Q: Can an individual be awarded benefits through the VA and SSDI?
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. Although the accelerated process should happen without any added paperwork, it is wise to make sure your case manager knows you expect it. If you have a social security lawyer, have him handle it for you.
Social Security Benefits
Posted by admin on Nov 23, 2008
At last, you have finally reached the age at which it is time for you to begin considering applying for social security retirement benefits; but there are so many different rules and stipulations that it can be somewhat confusing to prospective retirees. However, there is no need to wade through numerous pages to get an understanding of the social security benefits you are entitled to. The following primer will help you decipher basic rules and guidelines for applying.
In order to qualify for social security benefits, you will need 40 credits, which equates to ten years of work. Your social security benefits are based on your earnings over the course of your life, and the more you earn, the more benefits you will be entitled to. You can retire and apply for social security benefits as early as age 62. However, keep in mind that the earlier you apply for your social security, the less benefits you will receive. In other words, the longer you wait to receive your social security benefits, the higher you benefits payments will be.
Each year, the Social Security Administration (SSA) mails all workers over the age of twenty five a record of earnings that estimates the benefits they will be eligible for. Normally, the statement will arrive around three months before your birthday. However, if you do not receive your statement, you can visit your local SSA office or the SSA website and fill out a request to receive this information. Since it is not uncommon for there to be errors, be sure to review this statement to ensure that your earnings over the years have been reported accurately. This is extremely important since your future benefits are based on the information contained in this report.
The age at which you can receive full social security benefits is dependent upon the year in which you were born. For example, individuals born in 1937 or earlier can opt to receive their full social security benefits at the age of 65. You can refer to the SSA website or you local SSA office for complete information concerning when you are eligible to receive full social security benefits.
Many people opt to receive their social security benefits before their full retirement age, which is as early as age 62. However, you should be aware that your social security benefits will be reduced by 5/9ths of 1 percent for every month between the date you retire and your full retirement age, up to 36 months. After this period, the reduction decreases to 5/12ths of 1 percent. You should keep in mind that this is a permanent deduction. The decision of when to apply is entirely up to you and depends on your financial situation.
You should also realize that working while you receive social security retirement can reduce your benefits. If you are not yet at full retirement age, $1 in benefits is deducted for every $2 you earn above the annual limit. In the year that you will reach your full retirement age, $1 in benefits is deducted for every $3 you earn above the annual limit. When you reach full retirement, you are allowed to work as much as you would like with no reduction in benefits.
To receive your social security benefits, you will need to apply either online or at your local SSA office two to three months before your projected retirement date. The Social Security Administration recommends that you visit your local SSA office at least year before, though, to discuss how applying for benefits will affect you financially. They can also better walk you through the application process.