Social Security Table » Widower http://social-security-table.com Mon, 28 Dec 2009 03:53:48 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 How a Social Security Attorney Can Help With Your Claim http://social-security-table.com/how-a-social-security-attorney-can-help-with-your-claim/ http://social-security-table.com/how-a-social-security-attorney-can-help-with-your-claim/#comments Fri, 02 Oct 2009 11:56:32 +0000 admin http://social-security-table.com/how-a-social-security-attorney-can-help-with-your-claim/
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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]]> http://social-security-table.com/how-a-social-security-attorney-can-help-with-your-claim/feed/ 0 Learning the Fundamentals of Social Security Survivor’s Benefits Claim http://social-security-table.com/learning-the-fundamentals-of-social-security-survivor%e2%80%99s-benefits-claim/ http://social-security-table.com/learning-the-fundamentals-of-social-security-survivor%e2%80%99s-benefits-claim/#comments Sun, 30 Aug 2009 18:03:57 +0000 admin http://social-security-table.com/learning-the-fundamentals-of-social-security-survivor%e2%80%99s-benefits-claim/ Claysphere Rivera asked: social_security_626_article

General public opinion had generated the belief that Social Security is designed exclusively for retirement. Contrary to this misconception, Social Security System offers a variety of programs that cater not only benefits for retiring individuals but also programs providing assistance for the disabled including their dependents.

This article focuses on Social Security program, particularly survivor’s benefits. More specifically, the article gives a thorough exposition of the fundamentals of Social Security survivor’s benefits claims.

Foremost, a brief discussion about Social Security survivor’s benefits is worthwhile.

Social Security survivor’s benefits are designed to provide the much-needed income to the surviving family members of a qualified decedent making their lives sustainable at least.

Not just anybody can apply for this kind of benefits. The Social Security Administration had provided constitutive requirements for a survivor benefit claims.

The survivor’s eligibility is gauged based on the decedent’s earning record showing his work, payment of social security taxes and earned work credits. The work credits are crucial in this respect because it would be made the basis for the survivor’s entitlement of this particular kind of social security benefit.

Worthy to note however, under a special rule, if you are only “currently insured” at the time of your death and relatively have only 6 credits in the 13 quarters prior to your death, your children and your spouse can still receive this benefits.

On the other hand, if you have determined your qualifications for benefits it would be wise to apply promptly, especially if you are not yet a recipient of social security benefits. This is for the reason that the benefits are paid from the time of application and not from the time that the worker died.

The application for benefits generally requires relevant information such as the following:

• the proof of death;

• Social Security number of the applicant as well as the deceased worker;

• marriage certificate if applying as a divorced widow or widower;

• dependent children’s social security numbers if available including their birth certificates;

• deceased worker’s W-2 forms or federal self-employment tax return for the most recent year; and

• the name of the bank and account number of the applicant so that the benefits can be deposited directly in the account

Some of the requirements mentioned above can be dispensed with especially to those who have already received Social Security benefits. However, it is essential to report the death with the Social Security office so that update and changes of payment would be made.

With reference to the amount of survivor’s benefits, the same relatively depends on the earnings of the person who died. The more the worker paid into Social Security, the greater your benefits will be.

Take notice that, there is a limitation to the payment of benefits to the survivor members each month. The limit varies, but is generally between 150 and 180 percent of the deceased’s benefit amount.

More so, reduction of benefits can be halted on the following situations:

• To those who get a pension from work that was not covered by Social Security, like the federal civil service, your Social Security benefit may be reduced.

• Those who are working and have been receiving Social Security survivor’s benefits and are younger than full retirement age, the benefits may be reduced if your earnings exceed certain limits.

However, the reduction of benefits affects only the survivor concerned and not the benefits of other family members.

A special rule applies to those who remarry. Generally, widow or widower’s benefits are not given to those who remarry before age 60.

However, remarriage after age 60 (or age 50 if disabled) will not hold the survivor from getting benefit payments based on the latter’s former spouse’s work.

At age 62 or older, the survivor may get benefits based on his/ her new spouse’s work, if the benefits are higher.

Like any other claim under the whole spectrum of Social Security, claimants are given the right to dispute the findings or decision of the Social Security Administration.

An appeal, to be specific, is given to the claimants. The latter process entails complex situations that need another careful elaboration.

The key thing in all types of claims is the right of the claimant to confer with a Social Security lawyer of their choice.

For credible information and expert representation on your survivor benefits claim, log on to our website and seek the assistance of our Los Angeles Social Security attorneys.

Create a video blog ]]> http://social-security-table.com/learning-the-fundamentals-of-social-security-survivor%e2%80%99s-benefits-claim/feed/ 1 Q & a on Social Security Survivor Benefits http://social-security-table.com/q-a-on-social-security-survivor-benefits/ http://social-security-table.com/q-a-on-social-security-survivor-benefits/#comments Sat, 30 May 2009 05:17:21 +0000 admin http://social-security-table.com/q-a-on-social-security-survivor-benefits/

Adriane Lauren Luna asked:


Losing a loved one is hard. It is additionally difficult when that person was the one who was providing for the family. Without him, family members begin to think that they had no one else to turn to for support, especially for emotional and financial support.

 

Luckily, this is not true. Social Security came up with a seamless solution. With the help of the Social Security Survivor Benefits Program, surviving family members would be able to get on their feet after the loss and start anew.

 

What is Survivor Benefits?

 

It is a program launched by the Social Security to aid surviving family members by providing them monthly pensions based on the contributions given by the deceased wage earner to Social Security.

 

How can a worker be eligible for Survivor Benefits?

 

By paying contributions to the Social Security, a worker earns credits that are transmitted to his Survivor Benefits. Generally, his eligibility is founded on the number of years he/she worked and how old he/she died.

 

Younger workers earn higher credits than older workers. Nevertheless, a worker who has rendered 10 years of service is automatically entitled to the Survivor Benefits.

 

Exception: If within three years before the worker’s death, he had worked for only a year and a half, his children and his spouse (who cared for his children) shall be entitled to survivor’s benefits.

 

How much Survivor Benefits will I receive?

 

The computation for the Survivor Benefits is based on how much the deceased paid to Social Security. The more contribution he/she gave the more benefits the family members will receive. It is calculated by getting the percentage based on his basic benefits amount. The said percentage shall vary on how old the survivors are and how they are related to the deceased wage earner. For instance:

 



The Widow or widower gets 100% benefits if he is within the retirement age or older.

The Widow or widower gets 71-94% benefits if he is between 60 to 64 years old.



 



The Widow or widower, regardless of the age, gets 75% benefits if with a child under age 16.



 



The Children gets 75% benefits.



 

What is the one-time death payment?

 

A one-time payment of $255 shall be given to a spouse or to the minor children if they have met the requirements set by the Social Security and if the deceased worker has worked long enough.

 

Who receives the survivor benefits?

 

Not all family members get to receive the survivor benefits. Only those eligible receives them. They are as follows:

 



The widow or widower who shall receive the (a) full benefit if 65 years or older; or if disabled and 50 years or older; (b) reduced benefit if aged 60 years.







The widow or widower who shall receive benefits, regardless of age, if she/he takes care of the deceased’s child (a) entitled to child’s benefit and is age 16 and below; or (b) who is disabled.



 



The unmarried children who are (a) 18 years and below; (b) up to 19 years old if attending full time elementary or secondary school; (c) disabled, regardless of age, if became disabled before turning 22 and remain disabled.



 



The stepchildren, grandchildren, stepgrandchildren or adopted children, under certain circumstances.



 



The dependent parents if they are 62 years and above.



What should I present to avail of the survivor benefits?

The following may be presented by the dependents in order to claim the survivor benefits of a deceased loved one:



Proof of death;



 



The deceased’s and your social security number;



 



Your birth certificate;



 



Your marriage certificate;



 



Your divorce papers;



 



The social security numbers of dependent children;



 



The birth certificate of dependent children;



 



W-2 forms or federal self-employment tax return for the most recent year of the deceased worker; and



 



The bank’s name and your account number where you want the survivor benefits to be deposited.



For more questions on Survivor Benefits, it would be advisable to consult a Social Security Attorney near you.

 

 

 



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