Shelby Smith asked:

One of the most important retirement decisions facing most Americans is: WHEN TO START SOCIAL SECURITY BENEFITS. Conventional wisdom has always been “take it as early as possible — age 62″. Why? Several reasons are given: (a) it might not be there if you wait; (b) you can take the benefits and invest them and have more money later; (c) I might die early and never get a dime.

About three-fourths of Americans have heeded this advice and for most it was, or will prove to be, a big mistake. Why? There are several reasons: spousal benefits, higher benefits for delaying, penalties for starting early, penalties if you work while drawing benefits and are less than normal retirement age, and Social Security benefits get favorable income tax treatment.

Spousal benefits: If you qualify for Social Security benefits they will last the rest of your life — what’s more, if you’re married and your spouse is entitled to a lower amount, she/he will “step up” to the higher amount at your death. The spousal benefits say a spouse gets at least 50% (even if they paid zero into their Social Security account) of what the other spouse qualifies for AND the larger amount when the first spouse passes on. So by delaying your benefits your surviving spouse could get a bigger Social Security check every month for the rest of her/his life. Since “break-even” is about age 80 and joint life expectancy is closer to 90 for a married couple age 62, the odds of getting more are overwhelming. In fact, if Las Vegas gave the same odds you’d be booking reservations today.

For every year you delay taking Social Security benefits beyond age 62, your benefits grow between 7.5% and 8.0% annually PLUS a cost of living adjustment (COLA) based on inflation. In the past 30 years inflation has averaged over 3% annually…so your Social Security benefits will grow by over 10% a year. Where else can you get an investment backed by the U.S. Government and pay you over 10% annually? Stop looking, they don’t exist unless you want to take loads of risks. So if you are healthy, married and can afford to wait, postponing Social Security until age 70 will pay great dividends. Social Security will be there because with 50 million current getting benefits and another 76 million (the boomers) coming of age, politicians who vote to do away with Social Security will be unemployed.

If you start benefits at age 62 (the earliest time possible) you get about 25% less than if you wait until your normal retirement age (age 66 for most 62-year olds). This 25% less is for the rest of your life AND COLA is applied to a lower amount to compound the injury. Again, postponing make a great deal of sense.

If you start Social Security before normal retirement age and continue to work, your benefits will be reduced $1 for every $2 you make over about $13,000 annually. Yes, you’ll get this back later but when you consider taxes and the time value of money you’ll be worse off.

The big reason to delay is because Social Security benefits are taxed differently than other income: it is never 100% taxed and it is easy to manage the taxes on your Social Security benefits. PLUS, if taxes rise you’ll want to have as much of your retirement money in tax advantaged places (like larger SS benefits) as possible. Which way to you think income taxes are headed? Let’s see: record federal deficits, fighting terrorism, rebuilding our highways, bridges & infrastructures, an aging population, cleaning up the environment, etc. which must be financed by the federal government with income taxes. No doubt in my mind…how about you?

If you’d like to make sure you get Social Security right — and also take your qualified money (IRA, 401(k), 403(b), TSP, etc.) at the right time and use your other savings & investments wisely, I invite you to read my Guide to Social Security…and a Better Retirement by going to http://www.theretirementpros.com/eReport_Social_Security.php

You’ll have one chance to get Social Security right, so get all the info you can to make a good decision — most Americans haven’t and they’ll pay a lot more in taxes on their retirement money. Less money in retirement means less of a retirement. For more info on Retirement Planning, go to the Retirement Pros website at http://www.theretirementpros.com/

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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 http://social-security-table.com/traumatic-brain-injury-and-social-security-disability/ http://social-security-table.com/traumatic-brain-injury-and-social-security-disability/#comments Fri, 21 Aug 2009 07:22:35 +0000 admin http://social-security-table.com/traumatic-brain-injury-and-social-security-disability/ Sharon A Christie asked:

ght (c) 2009 Sharon A Christie

I am frequently asked whether someone with a Traumatic Brain Injury can get Social Security disability benefits. The answer is YES, depending on the specific facts of each case. Social Security disability benefits are not awarded based solely on a diagnosis. The key to getting these benefits is to prove that your limitations are severe enough to prevent you from working on a full-time basis.

Social Security has a very specific definition of disability. I talk to many clients who believe that because they are unable to return to their specific job they will automatically be found disabled by the Social Security Administration. This is not true.

The definition of disability that applies to Social Security claims is:

“The inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. To meet this definition you must have a severe impairment(s) that makes you unable to do your past relevant work or any other substantial gainful work that exists in the national economy.” 20 C.F.R. §404.1505

What does this really mean? Basically, your medical or psychiatric condition must be so severe that it keeps you from doing any type of work on a full-time basis and has already lasted for 12 months or longer, or is expected to last that long. The determination of disability is based on the information in your medical records, reports from your treating doctors about your physical and/or mental limitations, reports from any Consultative Examinations scheduled by the Social Security Administration and your testimony at the hearing before an administrative law judge. The Social Security administration will consider whether you are capable of returning to any of the jobs that you most recently held or any other type of work. This determination of disability does not consider whether you could earn the same amount of money in other types of jobs. This determination is based solely on your physical and/or mental capabilities.

I am also frequently asked whether Social Security has some type of “partial disability” award. The answer is NO. For Social Security purposes your condition must be totally disabling for at least 12 months. However, you can still receive benefits if your condition improves and you return to work. This is called a “closed period” and means that you were unable to work on a full time basis for at least 12 months but have now recovered and can return to work. For example, if you are injured in a serious car accident you might require ongoing therapy for 18 months. After that period you may be able to return to work. You can still qualify for Social Security disability benefits for that 18 month period. You would not receive ongoing monthly benefits, however, once you can return to work.

Medical evidence of your physical and/or psychological limitations is the key to getting Social Security disability benefits. If you have been unable to work for at least 12 months or anticipate that you will be unable to work for that long you may qualify for Social Security disability. So, if this describes your situation you should apply right away.

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