Social Security Table » Law

Social Security Helps Many Retirees Survive

admin — Mon, 16 Nov 2009 19:53:58 +0000

Eric Bayne asked:

The very first Social Security check was sent through the mail in 1940 even though President Roosevelt had signed the Social Security Act into law, 5 years earlier. Ever since, many American retirees have been grateful to receive that monthly financial safety net as they entered their retirement years. It’s difficult to believe that Social Security has been with us for sixty plus years.

In the original incarnation of the bill, Social Security benefits were only to be paid to the primary worker. But, before the bill went live, additional benefits for the spouse and children were added.

Quite a few folks erroneously think that the Social Security system is equivalent to an investment annuity, in which you send money to the government. They will then invest it and give you the resulting income in monthly payments for the rest of your life. In fact, however, the system is closer to a government welfare program. The collection of payroll taxes , which finances the Social Security program, is managed under the authorization of the Federal Insurance Contributions Act, better known as FICA. FICA is like the enforcement arm of the system. It ensures that every worker “contributes” his or her fair share to the government pool.

Each new generation of workers is responsible for taking care of the previous generation’s retirees. The amount of money you eventually get back from the government has only a tenuous relationship to the amount of money that was deducted from your check over the years. Since it’s inception, the system has collected from contributors and paid out over nine trillion dollars to recipients.

But the 1940 statute did not merely quit with allowing retirees to collect benefits. The law also consisted of the first incarnations of the welfare and unemployment systems which are still very much in evidence today.

Today, with millions of people losing their jobs every month, with our financial systems going into the toilet, and the housing crisis exploding around us – these safety nets are becoming more important than ever. Many retired women, especially, are just barely able to make ends meet with the help of Social Security. This is because, although gradually changing, women today are less likely than men to have additional sources of income. Partly due to working less years in the workforce because of child raising responsibilities. And partly because, even while in the work force, women typically are paid less than men.

But all families are helped by Social Security, even those that don’t need it to survive. In fact, according to independent studies, if Social Security was eliminated, many retired families would experience a drop in their living standards of 70% or more.

Many people fear that the system cannot sustain itself. In fact, there have been times in the past when the amount of money paid to recipients exceeded the amount of money collected via FICA. In these cases, Trust bonds were sold to make up the shortfall. Because of circumstances like these, Congress has occasionally upped the percentage of gross income that FICA can collect from salaries. Even these modifications, however, as the population ages and simultaneously live longer, may not be enough to sustain the system without drastic changes to the system.

The Social Security program is the largest government program of the country – constituting over twenty percent of the federal budget. As some politicians look at cutting the size and expenses of government, this program has an inviting target on its back. To many people, however, the cost of losing this critical system could ultimately be much more than the cost of running budget deficits.

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How a Social Security Attorney Can Help With Your Claim

admin — Fri, 02 Oct 2009 11:56:32 +0000

Matt Berry asked:

Suffering from a disability is challenging enough without having to struggle through the complicated tangle of government legalese regarding Social Security disability benefits.

Among other conditions, if you suffer from bipolar disorder, ****** cancer, congestive heart failure, colitis, Crohn’s disease, COPD, depression, diabetes, heart disease, IBS, MS, Parkinson’s or schizophrenia, you may be eligible to receive disability benefits.

Disability benefits are available to people who fall into three categories: disabled, insured workers under age 65, people who have been disabled since childhood and a disabled widow or widower age 50-60. People with financial need and children may also qualify for benefits.

If you believe you might be entitled to Social Security disability benefits, consider contacting a Social Security disability attorney who specializes in the field. An attorney’s expertise in navigating the complications of Social Security disability benefits can go a long way towards making the process seem easier. People with attorneys win a lot more often than those that self-represent.

First Step:

The first step towards receiving Social Security disability benefits is establishing that you are, in fact, disabled. The Social Security Administration (SSA) calls their evaluation for disability the sequential evaluation process. Basically, this process entails the government considering the age, education, work history, severity of disability and functional capacity of the person requesting benefits.

They’ll also contact doctors who have treated the applicant, and perhaps request a consultative exam, with the applicant’s existing doctor or with another doctor. The general information will be verified by the local Social Security field office, and the evaluation of the disability is the responsibility of the state’s Disability Determination Services (DDS).

Disability Application Determination:

Determination of whether the applicant has a disability is made by a disability examiner and a medical or psychological consultant. There are 4 potential outcomes: the examiner might ask for more evidence of the disability, the examiner might refer the applicant to vocational rehab, the applicant might be found not disabled, or the applicant might be determined to be disabled.

If benefits are denied, there are a series of appeal processes.

First Appeal:

If the state determines that the applicant does not have a disability, don’t lose hope. This is where a lawyer specializing in disability law becomes even more important, as you’ll have to dispute the determination. The Social Security Disability appeal process will be very similar to the first process, but with a different two-person team making the final determination of disability. If the appeal results in a non-disabled determination, further appeals are also possible.

Second Appeal:

The second appeal of a disability benefits case is heard by an administrative law judge at the Hearing Office of the SSA’s Office of Disability Adjudication and Review. In this case, the administrative law judge usually conducts a hearing that allows the applicant’s attorney to present a case. Generally, the applicant has more evidence of the disability to present at this point, from previous or new medical sources. It’s important to work closely with your Social Security disability lawyer at this point.

Once it’s determined that the applicant does have a disability, the Social Security Administration computes the benefit amount and begins making payments. The disabled person might be able to receive benefits as quickly as the first full month after they applied.

It is important to remember during the application process that the sooner a lawyer becomes involved the sooner the process can be affected. Good luck with your disability case!

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The Laborious Process of Social Security Claims in Cudahy

admin — Sat, 26 Sep 2009 17:11:53 +0000

Claysphere Rivera asked:

The whole process of Social Security claims are of laborious nature. Aside from the increasing cases of denials of disability claims, the increase in number of claimants for Social Security benefits has made the whole process much more difficult and burdensome.

Particularly in Cudahy, pursuing a claim may consume a whole lot of your time, efforts and economic resources. Instead of advancing your monetary interest, the tedious processes may take so much of you instead.

As per guidelines set by the Social Security Administration, it sounds like a simple process, yet it is not. Many factors have to be considered to make a successful claim for benefits under the Social Security Disability.

It is unfortunate that several legitimate claimants are denied for benefits. In fact, majority of them even have to experience multiple denials in the entire process of their claims.

This is the fact of the whole Social Security process. The optimum result of this perplexing procedures made people discouraged and intimidated. Many have also given up while some even died without obtaining the benefits they are supposedly eligible.

There are widely disseminated opinions that claiming of benefits needs the element of timing. They relate the application process as having its own season – that a claim must be filed in a timely manner, some commented.

To some, they believe that the whole thing dwells on pure luck. They add that if you are lucky enough, you will get hold of the benefits with no fuzz.

The previously mentioned opinions have gathered a lot of sentiments from many people, not only in Cudahy, but also in different states. It has created a persuasive effect especially to those claimants who are frustrated and tired of pushing further their benefits applications.

The real effect of such views had brought a very bad and sad effect on Social Security’s image. The whole idea has clouded the people’s mindset and suggested confusion.

On the positive side, some still have faith in the whole process. Even though they have been denied several times, there are still a few who keep trusting the SSA and hope that their claims will be given due course – that their desired benefits would not be set at naught.

Some successful stories relate that despite the laborious procedures for disability benefits claims, they have persisted and have endured. Subsequently, they have been lucky enough to convince the adjuster or Administrative Law Judge to grant a positive decision.

Meanwhile, some have managed to appoint their representatives in filing their Social Security applications to avoid the intricate procedures and expect better results. However, many have commented that this was not a guarantee for success.

Ultimately, there are variations of opinion from different claimants. This is primarily because of their relative experience with regard to this matter.

To shed some light, the whole process of claiming Social Security Disability benefits is really demanding. The whole spectrum of this area of law is complex. There are no guarantees for everything, including this claim.

Then again, proper guidance and representation of Cudahy Social Security lawyers is advisable. That is, if they wish to elude further intricacies and worries. They will help you identify your options and may even take the task in representing you with your Social Security benefits claims.

Take that big step and trust in the capabilities of our Cudahy Lawyers. We provide expert advice and representations for those who seeking assistance in applying for Social Security benefits. For more details, you may log on to our website.

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Saving Social Security-The Future Of A Historical Piece Of Legislation

admin — Tue, 01 Sep 2009 16:02:52 +0000

G. White asked:

Social security and its future are one of the most controversial issues discussed in politics today, with many different views and outlooks taking center stage. The law that was designed by Franklin D. Roosevelt to protect the elderly and provide services and compensation to them in retirement finds itself in a completely different context today than it was seventy years ago.

Yet, change is nothing new-it is a daily occurrence that has affected social security before, and that will continue to affect social security in the future. Understanding both sides of the issue of social security is vital to ensuring a positive future for this country.

Briefings On The Beginning

The beginnings of social security can be traced back to the tragedy of the nineteen thirties-the Great Depression. It was passed as part of the New Deal, and was very controversial at the time because it was believed that it would lead to a loss of jobs. Yet, the program prevailed. Payroll taxes were first collected in 1937, and retirement benefits were paid that same year.

Changes Throughout The Years

The Social Security Act has proven to be a very flexible program, as it has been altered and changed several times over the years. This is not surprising when taking into consideration the dramatic changes that have occurred in the workforce since its original implementation. The act was expanded in 1939 to encompass farmers and to provide benefits to spouses. Medicare was added in the 1960s. More changes were made in the seventies and eighties. If it was changed in the past, what is stopping it from being changed to meet the needs of the future?

The Problem Of People

Currently, 163 million workers are earning Social Security protection, and Social Security provides benefits to about 50 million people. The future problems associated with Social Security revolve around changing demographics. While the average remaining life span of a 65 year old in 1935 was about 12 years, it is currently 18 years. This increase in average life span is one of the major factors contributing to the uncertainty of the future of Social Security.

Another factor is the retirement of the baby boomer’s. The fifties and early sixties saw a huge increase in reproduction, and it is these offspring who will be retiring beginning in the next several years. At the same time that Social Security will need to accommodate more retirees, the amount of people paying taxes on Social Security will decrease from 3.3 people per retiree today to 2.1 people per retiree in 2032. It is the combination of these problems that is causing the panic regarding Social Security’s future.

Solving The Problem

There are many solutions being discussed regarding the Social Security program, and each of them would mean a trade off for Americans. Two of the solutions are somewhat obvious: increase the payroll tax, and decrease the amount of services provided to beneficiaries. These solutions would have obvious ramifications, and might only cause more problems for the future of Social Security than they would solve.

Another possible solution is to allow for early investment in Social Security in the form of a “pre funding” voluntary Social Security savings account. Although workers are currently unable to contribute to their Social Security funds before they retire, this proposal would allow them to do so. Critics say this plan would be expensive to manage, and it would be risky for beneficiaries as well.

A Middle Ground

Just as with any important issue, it would be nearly impossible to find a solution that would please everyone. Yet, the past of Social Security gives some hope for its future. If Social Security was fluid enough to be changed in the past, then we can have faith that it will be strong enough to handle any future changes.

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Social Security, Employment And Identity Theft

admin — Fri, 28 Aug 2009 12:30:43 +0000

Lisa Carey asked:

Identity thieves steal your personal information for many reasons. Among those are to obtain credit (money) using your credit information, but also medical benefits, Veteran’s benefits and employment.

Why would anyone steal your identity just to get a job? For many reasons, for example some people are in the United States illegally and do not have a social security number. Some people can not pass background checks, or have a criminal background that would keep them from getting jobs. Whatever the reason, Social Security Numbers are hot merchandise, if yours can be gotten, it can be sold.

“Misuse of another individual’s SSN is a violation of federal law and may lead to fines and/or imprisonment and disregarding the work authorization provisions printed on your Social Security card may be a violation of federal immigration law. Violations of applicable law regarding Social Security number fraud and misuse are serious crimes and will be prosecuted.” According to the Social Security Administration, The crime is considered a felony under federal and state laws and may result in fines and imprisonment.

In order to determine if there has been any use of your SSN to obtain employment, it is important to review your W-2 each year to determine that your social security benefits are being accurately reported and that the correct SSN is being used. Next, review your Social Security Statement issued to you each year. Check your statement against your W-2 to determine if there are any discrepancies. One way of determining if your SSN has been used illegally will be by monitoring the information on you benefits statement; which may state that benefits have been accessed or that the amount paid in maybe greater than the number reported on your W-2. To obtain a copy of your Statement of Benefits you may call the SSA toll-free at 1-800-772-1213.

Are you responsible for the taxes on the wages resulting from someone being illegally employed? Probably not, and the taxes are paid directly through the employer. As a result that money is just sitting in an account held by the federal government.

What about Social Security Benefits? What happens to the money paid in through two people employed and using the same social security number? It is estimated that approximately 420 billion dollars in federal funds are sitting in “limbo.” The government calls this the Earnings Suspense Fund. The money has been paid in, but there is no one to credit the funds or benefits to. This is because in many cases the user of your social security number is also using either their own name, or a fake name. The only people that benefit from this extra payment are the federal government as well as the imposter who is able to be employed. Each government agency (IRS and SSA) have a list of mis-matched numbers, that don’t belong to the names that are using them, so what are they doing about it?

Illegal use of your SSN is very difficult to find out about, unless you happen to apply for a job at the same place, or if they are also using it for theft of your credit information.

If after reviewing your benefits and wages information you are suspicious, take the next steps. Request a credit report to see if credit has also been obtained using your identity. If so, it is time to move quickly in order to rectify the errors in your employment, social security and credit history.

If you determine that your social security number has been compromised, you must contact the Social Security Administration and report it. Reports are made to the Social Security Administration (SSA) Office of the Inspector General. You may file a complaint online at www.socialsecurity.gov/oig, call toll-free: 1-800-269-0271, fax: 410-597-0118, or write: SSA Fraud Hotline, P.O. Box 17768, Baltimore, MD 21235.

Can you get a new social security number if you suspect that your number has been used? Maybe, but not always. The SSA will not issue a new number in the following circumstances: it was lost or stolen and no proof of damage has occurred, you are trying to avoid detection of poor credit or a criminal record, or you are trying to avoid some form of legal responsibility. However it is up to you to prove to them that your number is being used illegally, that you are not attempting to avoid credit collection or any other actions possibly pending against you.

Be proactive and try to protect and repair the damage yourself. File a report with the Social Security Administration, Federal Trade Commission and the three major credit agencies. However, without the issuance of a new Social Security Number, you are still at risk so you may want to consider using all the credit protection available to you such as placing fraud alerts on your credit report, credit freezes and consistent monitoring of your credit report. To report Identity Theft you may contact the Federal Trade Commission via telephone 1-877-438-4338.

You may find it necessary to consult with an attorney to protect your current and future benefit rights. Know your rights and stand up for them. Credit lenders or collection agents may attempt to threaten you or force you to pay for outstand debts incurred by use of your information. Consult with law enforcement officials, an attorney, the State’s Attorney General and consumer credit counseling organizations to determine what your rights and responsibilities are and you can assert them.

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Reminiscing the Social Security Law in the US

admin — Thu, 27 Aug 2009 13:51:09 +0000

Jamil Estorninos asked:

It is the Great Depression of the ‘30s that necessitates the creation of a Social Security program in the US. Poverty reaches its highest peak among older citizens that time and something has to be done.

The Social Security Act, which is considered the first Social Security law, was drafted under the administration of President Roosevelt. It was signed into law on 14 August 1935.

The act addresses many issues, amongst which includes:

• Old age

• Poverty

• Unemployment

• Survivors

• Disability

The Social Security Administration (SSA) is the government agency tasked to administer the program. Later on, it added health insurance benefits in the scope of the Social Security under the Medicare program.

Generally, benefits under the Social Security law are paid based on the workers’ employment record and social security taxes or contributions.

The Social Security Act evolved during the past years as new social and economic issues emerge. Changes were made to provide more protection and coverage for the Social Security members.

The so-called OASDI or the Federal Old Age, Survivors and Disability Insurance pays monthly benefits to the following qualified individual/s:

• Retirees

• Family of a deceased worker

• Unemployed worker due to illness

• Unemployed worker due to accident

Nowadays, the major coverage handled by SSA, where qualified members are entitled to benefits under the Social Security law, are the following:

Retirement benefits

This benefit is given to a worker who worked and paid Social Security taxes upon retirement. The worker earns credits during the time he was working. His entitlement to benefits and the amount thereof will be based on his earned credits.

The number of required credits depends on the year the worker was born. If he was born in 1929 or later, he will need 40 credits or an equivalent of 10 years of work.

The amount receivable will also vary depending on the worker’s retirement age. If he opted to retire early at the age of 62, his benefits will not be as high when he retires at older age.

Disability benefits

The SSA pays disability benefits under two programs: The Social Security disability insurance (SSDI) and the Supplemental Security Income (SSI).

SSDI is paid for people who were incapacitated to work because of a medical condition that is expected to last at least one year or result in death.

Members of the family of a disabled worker can also benefit under this program.

It is SSI program which will be applied for payments to people with low income who are 65 years of age or over or are blind or have disability.

Survivor benefits

Like retirement benefits, survivor benefits are based on the accumulated credit earned by a worker, during the time he was working and paying Social Security taxes.

The family of a worker is entitled to receive this compensation in the event the working member dies.

Medicare

This is a health insurance program available for people 65 years of age or older. It is also available for person under the age of 65 with certain disabilities and any age with permanent kidney failure requiring dialysis or a kidney transplant.

To know more information regarding social security benefits and other claims, you can consult with our experienced Los Angeles social security lawyers. You can visit our website to avail of our free case evaluation.

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Fraud in Social Security

admin — Wed, 29 Jul 2009 16:07:39 +0000

Maribel Roncales asked:

Social Security Fraud refers to the act of dishonestly claiming of benefits. Due to the increasing number of fraudulent claims, the US government enacted a law that will protect individuals from these illicit conducts.

What constitutes Fraud under the Social Security Act?

The Social Security Act provides an outline for actions that are considered fraudulent. Some of those acts are the following:

• Knowingly and willfully makes or causes to be made any false statement or representation of material facts in the application for benefits under this title;

• Knowingly and willfully makes or causes to be made any false statement or representation of a material fact for use in determining any rights to the benefits;

• Having knowledge of any event affecting

o His or her right to the benefit

o The initial or continued right to the benefit of other individual in whose behalf he or she has applied for or is receiving benefit

o Having made an application to receive any of such benefits for the use and benefit of other and having receive it, knowingly and willfully converts the benefits for the use other than for what is intended

Information needed in filing Social Security Fraud

When planning to file a Fraud complaint, you need the following data:

• Name

• Address

• Social security number of the person you are reporting.

• Description of potential fraud incident

In cases where the Social Security number is not known, you need to secure his or her date of birth, age and the name of the parents. However, if you are reporting a concealed activity you need the name of the employer and its address and phone number.

How to report Social Security Fraud incident

The Social Security Administration takes seriously any report regarding Social Security Fraud. The Office of the Inspector General is the one who investigates incidents of Social Security Fraud. If you have any knowledge regarding these incidents, you can report it immediately by:

• Calling the Social Security Office hotline number

• Use the on line fraud reporting form

• Write to Social Security Office.

Yet, if you have been the actual victim of a fraudulent act, seeking legal assistance from a competent Social Security Fraud attorney is advisable. An attorney with sufficient in handing these cases can help you prosecute the law violators.

What is the Office of the Inspector General?

The Office of the Inspector General is the one directly responsible for meeting the statutory mission promoting economy, efficiency and effectiveness in the administration of Social Security programs. It is also responsible for preventing and detecting fraud, waste, abuse and mismanagement in such programs and operations.

OIG also searches and reports systematic weaknesses in SSA programs and operations and make recommendations for improvements and corrective actions.

Penalties for the violation of the Act

Any person found guilty for Social Security Fraud shall be:

• Fined under the United States Code

• Imprisoned for not more than five years or both

The federal court in sentencing the defendant may in addition to any other penalty order restitution.

When can there be restitution?

The court orders restitution in any of the following instances:

• The Commissioner of Social Security order payment that should not have been made

• An individual suffers financial loss due to defendant’s violation of this Act.

Our Los Angeles attorneys are proven experts in handling Social Security Fraud cases. For free evaluation of your case, log on to our website and contact our legal staff.

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