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Common Questions about Social Security Disability Claims

Posted by admin on Jan 19, 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: For most social security disability applicants, the goal is to get the largest payment possible. 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. If you do apply for survivor’s benefits, you will generally receive full benefits if you are at full retirement age or older at the date of application (or over 50 and disabled). If you are under full retirement age but 60 or older, you will receive anywhere from 71 to 99% of your deceased spouse’s social security disability benefits.

Q: I am receiving social security disability but I want to apply for SS retirement.

A: Generally, if you receive social security disability benefits, those benefits will be transferred to retirement benefits upon reaching retirement age. For most recipients, this conversion requires little or no effort. 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: You have probably heard comments and complaints from many social security disability applicants that their claims are constantly denied; but in reality, not all first applications are rejected. 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. Speak to a social security disability professional or the SSA for details.

16 Comments »

Thanks for sharing this.

January 25th, 2009 | 12:50 pm

Keep up the good work. I will be reading more soon.

February 3rd, 2009 | 12:59 pm

I wish I had found this site sooner. Keep posting.

February 13th, 2009 | 1:07 pm

You should contact a local attorney’s office for more information and specifics regarding your claim.

Q: I already get benefits for a service connected ability. Is there any other benefit I can receive?

A: This depends on your situation. If you have a service connected disability and it has gotten worse, you can request for an increase in your rating which would result in higher benefits if a higher rating is granted. Veteran Affairs also provides expanded benefits to those veterans who cannot work due to their service connected disability.

February 16th, 2009 | 1:08 pm

I will visit this site again.

February 18th, 2009 | 1:08 pm

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: Are veterans who receive compensation through the VA also eligible for disability insurance through Social Security?

A: Yes, a veteran can receive disability benefits through both the VA and Social Security.

March 16th, 2009 | 12:16 pm

Five months following that determined onset date, you will be allowed to collect your first benefits. You will actually not be paid until your sixth month, since all payments are distributed at the end of the month. You will not receive payments for the five month waiting period. If your disability began before you applied for Social Security disability, you may be eligible to receive back payments. Back payments can be made retroactively for up to 12 months.

March 18th, 2009 | 12:51 pm

Great info. Blog more soon.

March 20th, 2009 | 12:51 pm

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.

March 21st, 2009 | 12:51 pm

Love this blog.

March 23rd, 2009 | 12:52 pm

Social Security Benefits: Your Questions about Social Security Credits

Q: Social Security tells me that I don’t have enough credits to qualify for benefits. How do these credits work, and how is it possible for me to not have enough when I have worked for years and paid taxes the whole time?

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. 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. 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.

April 22nd, 2009 | 1:41 pm

I liked reading this post. Good research at this blog.

June 7th, 2009 | 5:19 pm

It also must be demonstrated that you cannot take on some other kind of employment. For this, what you did before the onset of your condition, how old you are and your education level are taken into consideration.

Q: How long can you collect social security benefits through the disability program?

A: You will collect social security benefits unless one of three things happen. Your social security benefits will be suspended, if your injury resolves completely or enough for you to become a part of the workforce again. If you choose to reenter the workforce, instead of relying on your social security benefits, your benefits would also discontinue.

July 8th, 2009 | 11:37 am

Very cool.

August 20th, 2009 | 1:44 pm

Q: Will my children get benefits if I get SSI?

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. While those that qualify for Social Security Disability Insurance Benefits may be able to obtain benefits for their children (a social security lawyer can help with the process), those that apply only for SSI cannot. The reason for this is that SSI is given based only upon need, and so benefits are not offered to dependents.

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.

October 9th, 2009 | 9:21 pm

You do not, however, need to reapply for disability benefits, if the status of your injury and employment has not changed.

If a person has been notified of approval, when will he receive his first payment for social security benefits?

A: A person must be out of the workforce due to the medical condition for a minimum of five months before social security benefits can begin. Payments will usually begin the sixth month. If you have applied, but have not yet received notification for approval, the processing time can vary. How long it takes to receive requested medical records is what dictates the length of processing time in most cases.

November 6th, 2009 | 3:10 am
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