If you have worked at least 10 years and/or earned 40 work credits, you are vested in the SS program. That means once you turn 62, you are eligible for your own SS Retirement benefits regardless of your income or marital status. If you are married … [Read more...]
SSI Eligibility and Trusts
SSI is an income based disability program. This is for people who have not worked and/or had reported earnings which would qualify them for SSDI benefits. Because the beneficiaries are drawing out money that they didn’t pay in, SSA has the additional … [Read more...]
Dying while waiting for Social Security Benefits
Dying while waiting for Social Security Benefits Denials are a part of the disability process. Sometimes a denial comes because the case is not completely worked up: no recent tests; no treating doctors willing to give opinions regarding … [Read more...]
How important is it that I see a doctor while applying for disability?
Extremely important! I often find myself repeating to my clients one of two phrases: “God helps those who help themselves” SSA feels the same way. You cannot refuse to try and get better and expect the government to pay you. The second phrase I catch … [Read more...]
When will my benefits begin once I establish that I am disabled?
Just like most areas of law, the answer is that it depends…. For SSI benefits, (need based) you are eligible to receive payments the first full month following the month you applied.* That means if you apply in January 2015, it does not matter if … [Read more...]
Working Women and SSA Retirement
The Social Security Retirement Act was passed in 1935. Originally enacted and government funded in order to help retired workers following the economic turmoil following the great depression. Public payments (taxes) into the system did not begin … [Read more...]
The Tenuous Future of Social Security
There have been several stories in the past few years predicting the crash of the SS Disability and SS retirement systems. It is true that there are more workers are living longer and drawing more out of retirement than what was originally planned … [Read more...]
SSDI/SSI Payment Amounts
The amount of your monthly benefit for SSDI is calculated just as your full retirement is. SSA takes 31 years of your highest earnings reported, averages them, and then gives you a percentage of that amount. The percentage changes based on your … [Read more...]
Disability and Student Loans
What happens to your student loan debt if you become unable to work? It depends on both the type of loan you have and what kind of disability benefit you receive. SSI benefits, which are paid as part of a need based disability program, cannot be … [Read more...]
Video Hearings
SSA recently began sending out a mass form letter to everyone awaiting a hearing asking if they will agree to participate in a Hearing by Video Conference. The Office of Hearing Disability Adjudication and Review is the branch of SSA where … [Read more...]
Who decides what is Disabling?
By Jennifer Scherf-Cook All the time I hear, “but my doctor says I’m disabled, isn’t that enough?” The answer is No. SSA is self-governing. This means they get to define what disability means, what the requirements for disability in your case … [Read more...]
SSA Benefits for same-sex couples
By Jennifer Scherf-Cook In December 2013, SSA issued a procedural update authorizing the processing and payment of surviving spouse and death payment claims for same-sex married couples. In August 2013, SSA began processing claims for spousal … [Read more...]