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.



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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 (http://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 http://www.socsec.org/facts/Check_Lists/checklist1.PDF

Beach, William W., Gareth E. Davis. “Social Security’s Rate of Return.” The Heritage Foundation. 15 Jan 1998. 25 Nov. 2005 .

Bogle, John C. Common Sense on Mutual Funds : New Imperatives for the Intelligent Investor . San Francisco: John Wiley, 1999.

Boxer, Barbara. “Social Security into Social Insecurity.” Social Insecurity. 25 Nov. 2005 .

Brohawn, Dawn K., Norman G. Kurland, and Michael D. Greaney. Capital Homesteading for Every Citizen: A Just Free Market Solution for Saving Social Security. : Center for Economic and Social Justice, 2004.

(Brohawn et al. 256)

Collender, Stanley E. The Guide to the Federal Budget : Fiscal 2000. New York: Century Foundation Press, 1999.

“Frequently Asked Questions about the “Death Tax”.” DeathTax. 29 Mar 2001. The Seattle Times. 25 Nov. 2005 .

Groz, Marc M. Forbes Guide to the Markets : Becoming a Savvy Investor. New York: J. Wiley, 1999.

Hubbard, Glenn. “Happy 70th, Social Security.” Business Week August 08 2005.

Ramsey, Dave. “Making the Case for Privatizing Social Security.” Social Security Reform. 25 Nov. 2005 .

Ruoco, James. “The Impact of Social Security on the National Debt.” 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 .



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Meghan DiTolla asked:


For a number of years, people have been talking about how the Medicare and Social Security system are potentially not sustainable in its current incarnation.  This will come as dire news to anyone looking to secure Social Security disability payments.  Right now there is a backlog for approvals as well.  In short, the Social Security disability system is not as stable or efficient as it could be.

This is yet another reason to work with a Social Security disability attorney, as a lawyer will be able to navigate this very tough and complicated process and ensure that your future SSD payments are not delayed.  In 2008, the average amount of time to process a Social Security disability application was 480 days.  Now imagine trying to receive benefits without an attorney: if you file information incorrectly, you could be looking at double that amount of time.  Worse yet, it could mean no claim at all, regardless of the amount of time it takes.

The stimulus package could help this scenario, but that is no reason to think you can go it alone.  Though there may be new measures in place to speed up the process, there are still a record number of people filing a SSD claim.  Close to 800,000 people filed a claim in 2008.  The SSD workload is set to increase significantly in the coming years.

The Economic Recovery Bill

The economic recovery bill has a number of provisions that will help the Social Security claim process go more smoothly:

$500 million to help the Social Security Administration process the increasing influx of disability applications. $400 million to improve the computer capability of the SSA – currently utilizing outdated technology. $4.2 million to help people with certain disability receive additional SSI income.

All told, the system should hopefully be better.  Again, it must be stressed that a Social Security attorney is still necessary.  Even if the SSD application process goes more smoothly, it’s still going to mean a long haul for most applications – possibly a year or more.  What this means ultimately is that when you hire a Social Security attorney the process will now go faster, which is very good news.  But you will still need to gather all relevant medical information, accurately dot the “i’s” and follow complicated regulations, so hiring representation is your best avenue towards getting benefits as quickly as possible.

Given the fact that new processes are going to come about via the stimulus package, it is even more necessary to hire an attorney who keeps up with all developments in the Social Security system.  California, in particular, has a large backlog of SSD applicants, given its high population relative to other states.  So while it is very good news measures are being taken to fix a sometimes cumbersome system, you will need an advocate to help you correctly file your application whenever new changes go into effect.  It’s important to remember also that new regulations can occur on a state level as well, in addition to a federal level, so California has particular laws to help SSI applications get processed.



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Abhishek Agarwal asked:


The Social Security Act of 1935 is among the primary acts the United States government is imposing. The acts main function is to give a lifetime reward to workers who have retired by the age of 65. That was the time of the Midst of Depression and where programs regarding social security were then based on. Due to the expansion of these programs, the programs are considered to be a leading federal program. The funds for these programs demand almost a quarter of the funds in the federal.

For in a long time now, the payments given by the social security programs were free of tax. This was the setup since for the most part of the grantees life, the grantees were paying for their social security record.

In this case, change has always been a part of our life. Just like for programs in Social Secuirty, it has changed over the years and are still subject to change. Presently, a part of the payments given by the programs is taxable. There was one period where the benefits were almost taxed by 50% and other brackets even reached 85% taxable rate. Various measures were tried and employed in reducing the tax rates of the payments, however majority of them were futile. Due to the changes, it won’t be a surprise if there would come a year where people would pay the benefits of their social security at a very high rate. This could be partly attributed to increasing population. One important setback that is situation reflects is that because of the increasing population, some time in the future many people would become dependent on the social security programs especially the benefits when the time for their retirements comes. The setback could probably be best solved if the tax rates could be lessened by the government. In this way, there’s a higher probability that people would gain more income.

Another possible solution that could be taken as of the moment is to increase the rates of the taxes imposed on present employees. This way could somehow ensure that while there is an increasing population, the entire system would not necessarily fall apart. Presently, employees pay taxes after earning $ 90,000 firstly. The employees are still taxed similarly, since in this way the government is able to increase the cap rather than having the employees pay a higher percentage. In this way, the burden in placed on the higher bracket employees rather than those middle class ones.

One concern arising presently is that the social security and its benefits are now put at risk. There are retirees now enjoying benefits that people in the future would not be able to perhaps enjoy. Currently, it is determined that employees now would be getting 25% less of the benefits that retirees are enjoying presently. However retired grantees are also on the lookout to make sure that even with the booming population, taxes would be reduced so that we could avoid having people living underneath the poverty line.

Those who are currently working and paying for their benefits could be assured that in the long run they would be able to enjoy the benefits they are saving for now with additional savings for that matter. The present situation demands that the government find ways to reduce the taxes so as to avoid the conflict that the benefits enjoyed by the retirees presently would not be the same as to the retirees in the future. The changes could happen given that bad case social security programs are now encountering, it would perhaps be possible for the government to eventually lessen the taxes on these benefits and programs.



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Shelley Godra asked:


Social Security Myths

Written by Shelley Godra 

            Social Security was created to help finance US citizens after retirement.  A portion of every worker’s paycheck assists in funding the Social Security reserve.  Currently, these paycheck portions are creating a surplus in the reserve because there are more citizens employed than retired.  Some spectators believe that the Social Security fund will not be available to younger US citizens once they decide to retire.  Furthermore, some people believe this future crisis will be created by the retirement of the baby-boomers.

            These statements are not necessarily true.  The Social Security reserve might run out by the time I am ready for retirement; however, the cause cannot entirely be blamed upon the baby-boomers.  There are also several steps that can be taken in order for the Social Security reserve to still be used by my generation. 

            Current statistics show that the Social Security fund, if nothing is changed, will dry up by 2040.  There are several reasons for this dilemma, not just the baby-boomers retiring.  The government is using the funds from Social Security to pay other federal expenditures and budgets.  Thanks to medical advancements, US citizens are living longer and using more of the Social Security funds.  People are putting more emphasis on their careers and putting marriage and family on hold.  Since there are less children being born now, there will be less workers funding my Social Security once I am ready to retire.  The final reason is that more companies are outsourcing their employment positions and less US citizens are offered jobs.  Less offered jobs mean a smaller percentage funding the Social Security reserve.

            Like stated in the previous paragraph, the Social Security fund will run out if nothing is changed.  The first option is to change how Social Security is looked at now and how it will be treated once the baby-boomer generation retires.  Government could increase the age eligibility for retiring since people are living longer or could cease payments once a retiree reaches a certain age limit.  The percentage from the paychecks currently contributing could be increased, therefore, increasing the funds.  The government could be more lenient on its immigration restrictions; more immigrants would help to contribute more to the Social Security reserve.

            Changes in the government are not the only way to avoid this Social Security crisis.  Proper arrangements are needed for my generation in order to retire without dependency on monthly Social Security payments.  Citizens can make alternative retirement plans by investing in 401Ks and IRAs; this way people can take their own risks with their money.  Unfortunately, obesity and unhealthy lifestyles might lower the longevity of some in my generation.

            In conclusion, there is a future problem concerning Social Security, however, the problem is not fully caused by the baby-boomer generation.  Additionally, there are changes that can be made in order to avoid this problem.  Personally, I believe that there will be no government changes and the Social Security will indeed run out by 2040.  I have taken this burden onto myself by creating an alternative retirement plan.  I will be in charge of my retirement.



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Claysphere Rivera asked:


According to a recent study, the denials of initial application of social security benefits are prevalent.

In response, the Granada Hills Social Security Lawyers have made the initiative to impart some basic information regarding social security and relate the judicious option in cases of denied claims for social security.

Cases of denial at the initial application for social security disability benefits or SSI disability benefits of individual claimants are on high.

This is a fact but true in all instances.

Practically, many factors lead to the denials of most disability benefits claims.

Among the varied reasons is the lack of necessary preparation, insufficiency of pertinent documents – particularly the medical records – lack of a sound professional advice and guidance and the proper representation even at this early stage of application.

The factual scenario would lead to the conclusion that the whole process for social disability claims is tough and arduous.

Having been denied of their claims, individual claimants relatively have different reactions.

Some are in the dilemma whether to give up on their case or not. To some, they consider starting over with the filing of a new application. Some claimants have referred to social security lawyers and decided in taking the course of appeal.

From these diverse reactions, a judicious option is worth to expound.

From among the varied reactions, the most sensible option is going through the appeal process. By appeal, the claimant’s will have a better chance of getting their worth. It is the best and smartest choice.

It is worthy to note that in some jurisdictions, a reconsideration of the denial is required before the proper appeal process.

The reconsideration usually takes a relative amount of time before the proper appeal. However, the reconsideration phase may no longer be in effect in recent times. A move to streamline the whole process has been devised.

Going back, the appeal process involves a great deal of perseverance and attention. Taking the appeal course involves time element (to be exact, lengthy) and a lot of paperwork. Not to mention, the financial devastation it could bring to the claimants.

Substantiation of the claims is more sophisticated at this stage. Pertinent documents such as the detailed Medical records and evidences in reference to the disability are highly required at this moment.

Aside from the paperwork, the hearing with the administrative judge needs a lot of preparation so that the desired result would be achieved.

The whole appeal course could be tiresome, stressful and distressing. But on the lighter side, if the same have been smoothly endured it would reap positive results.

Of course, conferring with a qualified social security attorney is paramount at this stage. The need of professional help following this course is crucial.

Appointment of a representative lawyer would ease up the whole process and would freed claimants from discomfort.

The representative lawyer would usually do the work in the claimant’s behalf. The gathering of the necessary paperwork as well as the preparation and attendance at the hearings before the administrative judge are the usual things that a representative attorney does in the representation of the claimants.

In full, it would really be a judicious option to take the course of appeal. Consideration of the appointment of a representative– a social security lawyer is also paramount, at all cost.

To help you with your social security claims and other benefits, you can consult with our experienced social security lawyers by logging on to our website and avail of our free case analysis.

 



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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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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!



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