Meghan DiTolla asked:


Many are surprised to learn that Social Security eligibility is similar to other types of lawsuits.  For example, in certain personal injury lawsuits, the plaintiff needs to prove that he or she will not be able to work in the same capacity in the future due to sustained injuries.  These injuries need strict medical documentation. This may come down to emotional impairment as well, not just physical impairment.

A Social Security claim acts in somewhat the same regard.  The difference is that a personal injury claim is waged against a defendant.  In Social Security cases, there is no “defendant” as such, as Social Security claims for illness involve a person’s own physical capabilities based on illness – not necessarily due to the fault of another person.  That said, there needs to be the same burden of proof for demonstrating physical incapacitation.

Medical Guidelines for Social Security

Social Security guidelines are very strict, which can sometimes come as a disappointment for those claimants who do have cases that fall within these guidelines.  For example, it is not enough for a person to suffer from HIV/AIDS.  Rather, the patient needs to have a T-helper lymphocyte (CD4) count above 200/mm3.  It is at this point that an HIV/AIDS patient is more susceptible to increased illness.

However, the Social Security Administration will take into account other issues besides the T-helper lymphocyte (CD4) count, such as weight loss – though the CD4 count is an important factor.  The reason why a skilled and experienced Social Security attorney is necessary is to navigate thee possible permutations of illness and diagnosis that can mean the difference between receiving benefits or receiving none at all.

It bears stressing, but you should not think that there is a minimum threshold you have to cross to be eligible for benefits – these are guidelines.  As each patient has a different circumstance in term of personal support, age, income, and other factors these will be factored in as well.  This is made clear by Social Security benefits for anxiety.  While mental illnesses can be measured in some way, it is a more generalized disability than something like a CD4 count that can be quantitatively measured.  So this should tell you that there is some leeway with how Social Security benefits can be distributed.

In the case of anxiety, for example, OCD, post-traumatic stress, and panic attacks all qualify.  While these can most certainly be diagnosed by a trained professional, it will take the expertise of a qualified attorney to help ensure that a patient receives ample support from the Social Security Administration.  Financial support is the basis of clinical documentation, which a Social Security attorney can help gather together and ultimately secure long-term benefits.

These same rules apply to other illnesses: arthritis, heart failure, cancer, diabetes, and so on – chronic illnesses fall within the scope of Social Security Benefits.  Receiving these benefits is the result of a combination of strict medical documentation and the skill of a good attorney.  If you are ill, there is no reason to add to your trouble with increased financial worry.  The goal of a Social Security attorney is to provide long-term stability and improve your overall quality of life.



Caffeinated Content for WordPress

Patricia Woloch asked:


Social Security Administration’s Definition of Disability

The Social Security Administration has some qualifications to be considered a disability. To be defined as a disability, two conditions must be met:

1. The person is unable to do the work for which the disabled person is suited making at least $900 gross income per month (known as a Substantial Gainful Activity or SGA)

2. The condition has lasted continuously or is expected to last continuously for at least one year or will probably result in death.

Disabilities that meet these two requirements can be either mental or physical in nature or a combination of both types. The particular disability doesn’t matter as long as the two requirements are met.

Social Security defines disability for these purposes to be a total disability, not a partial disability. The person applying for benefits must be considered completely disabled.

How is Ability to Do Work for Which You are Suited Determined?

In order to determine if you are unable to work, the Social Security Administration looks at two things:

1. You must be unable to perform the type of work you did for the past 15 years for a year or longer

2. You must be unable to perform any other type of work for which you are qualified

Other work for which you are qualified refers to work to which you could reasonably transfer your skills and is based upon your age, education, work experience, and any mental and/or physical limitations that you may have.

Time and Age Limits

There is no set length of time you can accrue benefits. As long as you meet the requirements of having a disability, you will receive Social Security Disability benefits.

There is no set age limit to receiving benefits. Once you reach age 65, however, your benefits will automatically convert into retirement benefits.

Earliest Time You May File a Claim

You must be disabled for five months prior to filing a claim. This is because benefits don’t accrue until six months after the date of onset of your disability. The date of onset is the date when you were first unable to perform your work.



Caffeinated Content for WordPress

Jonathan Kingsbury asked:


http://www.defendingthetruth.com/articles/4808-proposals-change-social-security-benefits.html

During many elections, we have heard proposals from politicians to alter or change Social Security benefits. In this paper, I’m going to research and analyze these proposals to find out whether or not they would be beneficial to the Social Security fund, how it will affect all of us in the future, and the current beneficiaries who receive Social Security.

“The key problem for Social Security is that, as the population ages, soon there will not be enough people paying Social Security taxes to provide benefits for every retired person.” (Dilulio & Wilson 486). This is why so many politicians have proposed changes to the current system. The people in my generation might not see any benefits when it’s our time to retire. “In 1950, there were 16 workers to support every one beneficiary of Social Security; today, there are only 3.3 workers supporting every Social Security beneficiary.” (White House). If Social Security stays unchanged at this rate, Social Security will be paying out more than it takes in. If we ever reach this stage we will be left with two problems, a lot of people paying into the system now will be cut off of Social Security, or the government will borrow more money to pay the beneficiaries, which will increase the national debt.

“Unless otherwise stated, payment levels apply equally to aged, blind, and disabled persons.” (State assistance programs for SSI recipients, 3) I believe that if the Social Security fund only funded beneficiaries who are aged, we would not have such a low number today of 3.3 workers supporting every Social Security beneficiary. “The Budget Enforcement Act, for example, excluded the receipts and disbursements of Social Security from the President’s budget and the congressional budget resolution. Programs that have been excluded like this are called “off-budget”.” (Collender 12)

Robert M. Ball has proposed a plan to alter Social Security while arguing against President Bush’s proposal of private accounts. One thing that Ball has proposed was, “Gradually raise the cap on earnings covered by Social Security so that once again 90 percent of all such earnings would be taxed and counted for benefits” (Ball 2). I believe the means of using tax to fix Social Security will work in the short run, but not in the long. If we do take this approach, should we gradually raise the cap on earnings covered by Social Security even more in the future when Social Security has gone further into debt? Another proposed change by Ball was, “An estate tax is a highly progressive way of meeting this cost, and dedicating it to Social Security would strengthen the contributory.” (Ball 3) Now an estate tax, or sometimes called a “death tax”, is a tax on a person’s estate depending on how much he or she was worth. Again, I see a problem with this proposal because Ball is suggesting that we use another means of tax to be paid into Social Security. I personally think it’s wrong to even have an estate tax because those who are taxed an estate tax were most likely small business owners. “More than 70% of family businesses do not survive the second generation; 87% do not make it to the third generation.” (Frequently Asked Questions about the “Death Tax”)

During the 2000 elections, President Bush was widely known for his proposals to privatize Social Security. Most of the Democrat’s are against Bush’s proposals to change Social Security, whereas, most Republican’s are for Bush’s proposals to change Social Security. In order to find out whether people would be better off under the current Social Security system or a privatized system, I researched the average returns among the current system and compared them to the average returns under a private investment or “private account”.

Barbara Boxer published a “Social Security to Social Insecurity calculator” (Boxer), that calculates the average return an individual will receive under the current system compared to Bush’s privatization plan. I entered many different salaries and years and at every given circumstance, Bush’s plan resulted in a loss. I found this very disturbing considering the large amounts of research I have done last year on retirement accounts.

Dave Ramsey published a ”Privatizing Social Security calculator” (Ramsey), that calculates the return you could expect depending on the type of fund you choose, your income, and your age. Compared to Barbara Boxer’s calculator, I found this calculator more accurate because you were able to choose a fund that had an average annual return, which is calculated into how much you contribute over a given amount of years. The result from Dave Ramsey’s calculator shows how much you will receive from social security and your private accounts when you retire which resulted in a much higher return than social security.

Last year I took an economics class, which covered a great deal in investing for retirement. Some people who are against Bush’s plan of private accounts state that privatizing social security is too risky for retirement. “For individual investors who have neither the time nor the inclusion to actively monitor a stock or a bong portfolio, mutual funds have an obvious appeal. Just pick a good fund and let the managers do the work for you.” (Groz 105). At the age of 19, I visited Fidelity Investments in Braintree, Massachusetts where I was able to start my own investment portfolio. They showed me many funds that ranged from aggressive growth to conservative growth funds. I then chose a couple of mutual funds that were aggressive growth because I was starting my investing at such a young age. “Many investors draw the inference that they should not invest all their money in a single stock or bond, but rather spread out their investments among a group of securities.” (Groz 106). If private accounts were an option, I would recommend people to diversify their investments into many different funds just to limit risk.

Another benefit from investing in certain types of stocks is the dividends. “Dividends, then, are a dividing up and distribution to shareholders of a portion of the corporation’s earnings.” (Groz 27). With these dividends, you can reinvest them into the stock or fund; “Compounding occurs when you get many (e.g., interest or dividends) from an investment and put it back into the portfolio, letting it grow alongside the original investment.” (Groz 183).

After doing researching and analyzing the proposals offered by many politicians, I feel that privatizing Social Security is not such a bad idea. I feel that privatizing Social Security would give people more control of their money when it comes to saving money for retirement that the government cannot touch. I understand that some people might fear the risks of investing in the stock market, but if someone diversifies and chooses funds that are somewhat conservative, there is a very small risk of having little return. Considering that Social Security today has very little return “Social Security’s inflation-adjusted rate of return is only 1.23 percent for an average household of two 30-year-old earners with children in which each parent made just under $26,000 in 1996.” (Beach), you would be better off putting your money into a savings account earning a return close to 3 percent.

“If someone’s definition of national debt excludes the debt owed to federal entities, they are not accounting for the interest on the debt owed to federal entities.” (Ruoco). Since the government’s national debt has been rising year after year which can be seen on (www.publicdebt.treas.gov/opd/opdhisto4.htm), why should I trust the government with my retirement money? This is why I support the idea of privatizing Social Security, or at least giving the American people the option to invest in private accounts.

Sources

Orr, Doug. “Social Security Q & A: separating fact from fiction.” Dollars & Sense 259 (May-June 2005): 15(6).

State assistance programs for SSI recipients. Baltimore, Md. : The Branch, 2002 Jan

Ball, Robert P (2005). “Fixing Social Security” The Century Foundation. 5/3/2005 JustFacts.com. 1 Sep 2001. 25 Nov. 2005 .

United States. A blueprint for new beginnings : a responsible budget for America’s priorities. Washington, D.C: U.S. G.P.O., 2001.

United States. “U.S. Department of the Treasury, Bureau of the Public Debt.” Historical Debt Outstanding – Annual. 25 Nov. 2005 .

White House. “Strengthening Social Security for Future Generations.” Strengthening Social Security. The White House. 25 Nov. 2005 .



Caffeinated Content for WordPress

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!



Caffeinated Content – Members-Only Content for WordPress

Joseph Kenny asked:


In order to address the routine concerns of many, regarding the payment of bills post-retirement or disability, a federal benefits program was designed in the United States, in 1935, known as the Social Securities Act. The program known as the social security program provides disability, retirement, unemployment and survivor benefits and Medicare. The benefits offered aim at providing financial support to the citizens of the U.S., who fall under the categories specified within the paradigms of the program.

The Social Security Act of 1935 introduced the social security system in the US. The system caters to the financial needs of the retired citizens, who have contributed to the social security trust fund for at least 10 years. It also provides benefits to the survivors, in event of the employee’s death. The other benefits offered cover disability and unemployment.

It is essential for the person to make the regular required contribution to the Social Security Trust Funds through the payroll taxes, to be eligible. By virtue of the provisions of the Federal Insurance Contributions Act or FICA, every worker’s income is subject to a tax payment of 12.4% on the first $94,200 earned during the year. Half of this amount or 6.2% is paid by the employer, while the other 6.2% is deducted from the salary of the employee. The amount is given to the government. Self-employed people are responsible for paying the full 12.4%. This amount is used fund the social security system.

The system has been designed to benefit those who make the necessary contributions for a period of ten years. There is a credit system incorporated in the scheme and you can earn a maximum of four credits per year. This means that irrespective of the higher limit of your actual earnings and consequently the quantum of your contribution to the fund, your earnings would entitle you to receive four credits.

The amount of the monthly social security check that you would receive after retirement would be calculated on the basis of your 35 highest income-generating years. You need to apply, to start receiving you social security benefits. The best time to do this would be a few months before your actual retirement date.

The social security program attempts to pay the retired citizens a pre-determined sum of money, to cover their basic needs. It works as a kind of insurance for the retired people, helping them to cope with financial difficulties, post-retirement.

It is a form of insurance that covers the surviving spouse and children, in case of the employee’s death. If the spouse is between 62 to 65 years, 70 to 99 percent of the benefits are payable. Dependent parents and unmarried children under 18 years are entitled to receive the benefits too.

Disability that prevents employment opportunity is also considered for benefits under the social security system. Physical and mental disabilities are also covered and the payment starts five months after proving the disability to the authorities.

Under the social security system, unemployment benefits are available to those whose unemployment is due to circumstances beyond their control. The program is designed to provide financial relief to the citizens of the U.S. at crucial times.



Create a video blog

Luis R Cardenas asked:


The main idea of the social security program is people welfare. The United States created this program based in what other countries in Europe were doing for its citizens. This program has experimented many changes since its creation in 1935. When this program was signed by President Roosevelt, the idea was to provide retirement income for people 65 or older. Lately the government has made changes on the retirement age and social security income requirements. People in the US are starting to worry about the Social Security funds which they think are getting lower and lower with time. The main question could be: Is there going to be money left when you retire. 

The average Social Security Check a retired person gets is around $1000.00 per month and usually does not replace more than 60% of the income they were making before retirement. The main factor that contributes to set a check figure is the average annual income the retired person was making while he/she was working. If that person was not able to save on a 401k program or any other retirement account before deciding to leave the workforce, he/she will have to considerably lower their living standards to be able to retire. But, it could get worst! 

It is considered by many that if congress does not make a big injection of money to the social security funds soon, money will run out within the next 30 years. In the past few years the Social Security reforms have helped alleviate the problem but, currently, more money is been paid to retirees than what the administration is collecting. In other words, more money is going out than what is coming in. If the social security administration don’t get at least 6 trillion dollars soon, we could expect the fund to run out by the year 2041 and it considers the contribution of tax payers made during that period too. The Social security administration has considered lowering the social security payment in the future. Would you like that? 

Without a doubt we need a Social Security reform soon. But we need to know where the money is going to come from. Congress can not make a good reform if it has not been studied as for its consequences. It is very difficult to consider a tax increase when the economy may not be able to support its impact. The normal citizen may be pushed to avoid paying what for others could be considered fair but some do not have. Our best option at this time could be to start preparing our selves by saving money for retirement through a retirement account or long term investments but not every person will be able to do it. 

We need to make conscience that the Social Security fund may not be enough for everybody to retire unless something is done soon. Due to the actual situation some people are thinking about how to survive the moment but time does not stop and we have to get ready for the future. Our congress needs to start working on a reform and stop thinking about the next election or how to look good in the eyes of the voters. We could be sure that good ideas are welcomed by your congressman because if he/she can not come up with something we may be able to help. Think about it. We may be able to change things.  The point is that we need a reform NOW!



Caffeinated Content