Your Social Security Benefits Questions: Social Security Credits
Posted by admin on Jan 26, 2010
Your Social Security Benefits Questions: Social Security Credits
Q: Social Security tells me that I don’t have enough credits to qualify for benefits. What are Social Security credits, and how can I not have enough of them when I’ve worked and paid taxes for years?
A: When you work and pay Social Security taxes, you earn credits that are used to qualify you for social security benefits. The number of credits you receive is based on both income and the number of years worked. With each year that passes, the amount of money you need to make in order to earn social security credits rises; in 2008, it is one credit for $1,050 of earnings. You can receive a maximum of four credits annually (which is why credits are also called ‘quarters’), and any credits you earn will remain on your record even during periods in which you’re not working.
A certain number of credits or quarters are required in order to qualify you to receive social security benefits. The number of credits you need for social security is based on your current age, and is calculated by the number of years you have 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).
However, it can happen that a person who has worked a seemingly appropriate number of years does not gain the necessary credits for social security benefits. This occurs to workers who, during their working careers, did not (or do not) have social security taxes taken out of their wages. In general, this sort of situation occurs with Federal employees who were hired before 1984, employees of railroads who have more than ten years of service, and the employees of governments (both state and local) which have chosen not to participate in the social security program.
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.
Does the Attorney Receive His Payment from Your Social Security Benefits?
Posted by admin on Jul 22, 2009
Q: Once you reach retirement age, do you get social security benefits from both the social security retirement program and the disability program?
A: You will not be entitled to collect disability and retirement benefits simultaneously. You will receive retirement benefits in lieu of disability benefits, when you reach the retirement age criterion. The amount you receive in social security benefits, however, will remain the same. The conversion will happen without the need to apply for anything.
Q: Are you in jeopardy of losing your social security benefits, if a review of your case is currently being done?
A: Social Security regularly reviews all disability cases that receive benefits. Ideally, the agency is supposed to do that every 1, 3 and 7 years. Since there can be a backlog of cases, the reviews may not happen for a year or two after they are supposed to. That is why you hear of some cases that have not been reviewed for years after initial approval. You should not worry if you have been notified that your file is undergoing a continuing disability review. The reviews are normal. Just because your file is being reviewed does not mean you are in jeopardy of losing your social security benefits. To assure that Social Security has the most recent information about your medical condition and its impact on your employment, a periodic review is done. The majority of social security benefits claims that are reviewed are awarded continuing benefits. For benefits to be discontinued, medical evidence must prove that the injury has improved enough to allow the claimant to return to work above a sustainable level. If you do not have recent records of medical treatment, Social Security may request that you receive a medical exam as part of the review. 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: If you are not awarded disability benefits, how do you pay the lawyer that represented your case?
A: Social security lawyers receive payment after a claim receives approval. The lawyer payments are established by Social Security. One quarter of the amount you receive in backpay will be paid to your attorney. Even if you are awarded years and years worth of retroactive benefits, the maximum amount your attorney can receive is a little over $5000. Your lawyer does not collect any fee if you are not awarded benefits.
Getting By After Submitting Social Security Benefits Claim
Posted by admin on Jul 16, 2009
Q: While you are awaiting a decision on a disability application for social security benefits, how are you supposed to support your family?
A: The application review process for social security benefits can take anywhere from a few months to few years. Claimants are told to expect a 90 to 120 timeframe for an initial application to be reviewed. A large number of initial applications are not approved after the first step. Most claimants who are denied choose to take the next step and have their case reconsidered and, if necessary, appeal for a hearing. Appeals will make your wait even longer. By the time a claimant has his case heard before a judge, he has often been waiting 2 years. Unfortunately, it is almost impossible to anticipate the length of time it will take for a decision to be rendered on a claim for disability benefits. Since most people cannot work while awaiting a decision about their application for social security benefits, getting by financially can be a hardship. If you are able to work in a limited manner, you have to be aware of the impact it may have on your case. There are limits to the amount of income you can bring in. Unfortunately, no matter how small the workload, be aware that it could influence how your injury or condition is viewed by the reviewer. Regardless of whether you pick up work while awaiting a decision about your social security benefits, it is wise to take action now in case your claim takes longer than originally expected. Get rid of discretionary budget items and, instead, set aside the money. If you own your home, consider refinancing the original mortgage to free up funds. If you currently rent, look into finding a less expensive property. Contact family and friends who may be able to offer short term financial support. Submit applications for public assistance programs. Many gas, water and electric companies provide assistance to their customers in need, as well. Many medical billing departments will work out payment plans, if they know your particular financial situation. There are many non profit organizations that also provide assistance. Some groups pay for prescriptions for those who qualify.
Q: I live in Florida, currently collect disability social security benefits and am in danger of having my home foreclosed. What should I do?
A: You may be eligible for an exemption from Florida. An exemption will lower the assessed value on your home by up to $50,000. Apply for a disability exemption.
Getting By While Awaiting Social Security Disability
Posted by admin on May 14, 2009
Q: If I cannot work, how am I supposed to support myself while applying for social security disability?
A: It can take quite some time for an application for social security disability to go through the review process. 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. Regardless of what you can afford now, resist temptation to spend. Try to put savings away for the sole purpose of supporting you through the long wait that may happen with your social security disability application. Mandatory expenditures can sometimes be adjusted to allow flexibility during the waiting period. Some gas and electric companies have aid programs for those with limited income to help pay for winter heating bills. Refinancing a mortgage or other loan to free up funds can be an option. Additionally, many individuals find that they can rely on friends and family for short term loans or other support. Look into aid programs to help with doctor bills and medication. It is important that you do not stop your medical care. Many charities offer assistance to pay for medications. Look into state health assistance programs. You can also go to a free clinic program for certain things. Talk to your doctor about restructuring payment plans. Knowing that you are applying for disability, billing departments are more willing to work with you. Filing for public assistance programs can also be helpful. Some states offer assistance loans that you must pay back once you receive a decision on your social security disability claim. Section 8 housing aid or food stamp programs may be helpful if your wait is long. If you are in financial dire straights, you might consider talking to a social security attorney. You may be eligible for dire need assistance with social security. Dire need status can grant you financial assistance and help your case be processed more quickly.
Q: Can you go to the Social Security office to submit your social security disability application?
A: The three methods for filing for social security disability benefits are in person, via the telephone or via the internet. Most people believe handling it in person is the most advantageous. Meeting with your claims representative will give you one on one communication. The meeting will be your first opportunity to provide background on your claim and medical condition, and the disability case manager will get to see how your condition currently affects your ability to function. This initial meeting sets the stage for the rest of process. Call the toll free number (800) 772.1213 for Social Security and ask for an appointment to submit your application for social security disability. Social Security will send you written notification of the appointment time and date.
Q: When should you expect notification of a decision on a social security disability case?
A: Decisions on some cases are reached within a few months, while others are not reached for years. The average time for a complete application to go through the initial review stage is 3 months.
Questions People Bring to a Social Security Lawyer
Posted by admin on May 12, 2009
Q: What should I do when Social Security says I’ve received overpayment?
A: A social security lawyer will tell you to expect to receive a Notice of Overpayment from the SSA if they feel they have paid you too much. This can happen for a variety of reasons, such as a failure to report a change in your lifestyle or status to the Social Security Administration. It can also happen when Social Security does not process your change in status quickly enough, and delays the change in your monthly check.
You may want to speak to a social security lawyer about your options, but in general, there are three different things you can do when you receive a notice of overpayment. First, if you believe the overpayment is incorrect, you can ask for a reconsideration. This means you will request that the SSA take another look at your case, and perhaps meet with you to speak with them (in which case you may want to speak with a social security lawyer).
Another option is to ask the SSA for a waiver. Requesting a waiver means that you admit that you were given overpayment, but you can’t pay the SSA back. A social security lawyer or advocate will likely suggest this if the overpayment wasn’t your fault. If, however, you believe that the overpayment was your responsibility, you can set up a payment arrangement with the SSA. Social Security will generally allow you to make repayment in installations. You may want to speak to a social security lawyer to learn more.
Q: I am legally blind. Am I eligible for Social Security Disability?
A: If you speak to a social security lawyer, he or she will give you this simple answer: maybe. If you are legally blind, you essentially follow the same rules as applicants with other disabilities. You will be considered legally blind if your sight cannot be corrected to 20/200. Even those that do not fall under the category of legal blindness can receive some benefits. You may want to speak with a social security lawyer about qualifying as legally blind.
The SSA has special guidelines when working with legally blind applicants. Because being blind is so debilitating, many legally blind applicants can receive higher benefits than those with other disabilities. As of the year 2008, the highest benefit for the blind was $1,570 monthly. You may want to speak to a social security lawyer to understand how this affects you.
Q: Do I have to wait 12 months before I file for SS benefits?
A: Here’s the simple answer: no, you don’t. A social security lawyer will tell you that the SSA defines disability as an inability to make a gainful income due to a disability that is either fatal, or has lasted 12 months, or is expected to last at least 12 months. You may take this to mean that you have to wait until you have been disabled a year to apply; but you should not. Any social security lawyer will tell you to apply for benefits from the first day of your disability.
How A Social Security Lawyer Can Be Beneficial
Posted by admin on Nov 19, 2008
Many people that apply for Social Security benefits take on the entire task by themselves, although hiring a Social Security lawyer can make the process easier and simpler. There is a large number of disability claims that are denied because of mistakes made at the beginning of the application process. Fortunately, a qualified Social Security lawyer can help you appeal your case, which can result in a reversal of the decision to deny your application.
How long will it take before Medicare coverage takes effect?
If you currently receive Social Security disability benefits, you will automatically be qualified for Medicare benefits. A few months before you turn 65, or before you reach the 24th month of your disability, you will receive information about your Medicare benefits, as well as your Medicare card. If you do not currently receive Medicare benefits however, you may not be enrolled in the program automatically. You will then have to arrange for an appointment with the Social Security Administration. Upon the processing of your application, the Social Security office will then determine if you are eligible for the Medicare program.
What does it mean if you are short one credit for disability insurance?
One of the requirements for being eligible for Social Security Disability Insurance benefits is that you should have received a certain number of credits for the work you have done during a specific period and you should have earned a specified amount during the ten years prior to your disability. Credits are earned every quarter of the calendar year. According to Social Security regulations, you should have earned a specified amount in dollars during a quarter. To be eligible for Social Security Disability Insurance, applicants need to have credits equivalent to at least 20 quarters or 5 years’ worth, over the past 40 quarters or the ten years previous to becoming disabled.
Working while applying for Social Security
A common misconception that many people have is that they cannot apply for Social security disability benefits while they are working. The truth is, you are allowed to file a disability claim and receive benefits while you are presently working. Keep in mind however that your monthly income cannot be higher than your SGA or substantial gainful activity amount, which is $900.00. The reason behind this restriction is that the Social Security Administration assumes that if you are able to work and earn more than the SGA, you are not legally considered disabled.