What Is Social Security Disability
Social Security is a federal government entitlement program that provides benefits to disabled workers as well as people with limited financial means. There are two federal programs: Social Security Disability Insurance and Supplemental Security Income , both of which operate under the purview of the Social Security Administration .
If You Havent Applied For Retirement Benefits Yet
Spouses who are eligible for both the survivor benefit and the retirement benefit based on their own work record, can maximize their total benefits by taking them in the most advantageous order. The Social Security Administration explains how this works:
If you are also eligible for retirement benefits , you have an additional option. You can apply for retirement or survivors benefits now and switch to the other benefit at a later date.
The right order for you will depend on the size of each benefit. If both payouts currently are about the same, it may be best to take the survivor benefit at age 60. Its going to be reduced because youre taking it early, but you can collect that benefit from age 60 to age 70 while your own retirement benefit continues to grow. Then you can collect your own benefit starting at age 70 when it maxes out.
Conversely, if your own benefit is small compared to the survivor benefit , you could take your own benefit at age 62, which is the earliest age at which youre eligible. Then, at age 66, you could switch over to the survivor benefit. However, the survivor benefit would be reduced since it was taken early or before full retirement age.
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Other Facts You Should Know
When you apply for Social Security Disability benefits, you should be screened for both SSDI disability and SSI. If you are awarded SSDI benefits of an amount less than a thousand dollars per month, it would be wise to consult with a representative to check if you may qualify for SSI as well.
When you make a disability claim for SSI, you may also be required by the Social Security Administration to provide financial records which include bank statements, mortgage and lease agreements, savings and other financial data that will let them assess your financial status.
You can seek the help of a Social Security Disability lawyer or advocate to help make the application process for Social Security Disability benefits or appealing a decision much more manageable.
If you have a question regarding your SSI or SSDI case, you can ask in our forum here.
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Can I Claim One Benefit And Then Switch To Another Later
If you are eligible for a survivor benefit before you reach your full retirement age, you can select the survivor benefit and delay receiving your benefit should it exceed the survivor benefit before or upon reaching age 70. You can collect the survivor benefit at age 60 and then let your benefit increase until age 70. You could switch to your benefit once it exceeds the survivor benefit or let it continue to increase until your reach age 70.
The opposite option is also available. If your deceased spouse had not claimed their benefit and if you have reached age 62 you could claim your benefit. When your spouses benefit is fully maximized upon them reaching age 70 you could then switch and claim the survivor benefit.
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Overpayments Underpayments And Missed Benefits
The Social Security Administration indicates that their âgreatest payment accuracy challenges occur within the SSI program.â Further, the agency notes administering âthe SSI program is complicated by the statutory requirement for us to determine SSI eligibility and calculate SSI payments on a monthly basis.â Because payment accuracy is sometimes the result of âprogram requirements themselvesâ, the agency is seeking ways to simplify the program.
An overpayment occurs when the Social Security Administration pays an individual benefits that they are not eligible for. This may occur if an individual exceeds the income or resource limit for a given month. The overpayment amount is calculated as they difference between the amount that was paid and the amount for which the individual was eligible. To avoid overpayments, individuals should make sure to comply with their reporting responsibilities . Additionally, individuals should be aware of the resource and income thresholds that determine eligibility. To avoid overpayment, when an individual knows they will surpass a resource or income threshold for a given month, they should proactively report this to the Social Security Administration.
An underpayment occurs when the Social Security Administration pays an individual benefits below the amount they are due. Underpayments in SSI often occur if the agency is unaware of changes in a beneficiaryâs earnings or living arrangements.
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Ssi Vs Ssdi: A Guide To Social Security Disability
Supplemental Security Income and Social Security Disability Insurance often get lumped together or confused for each other, despite being two distinct government programs. This is understandable: They are both government disability assistance programs with very similar acronyms.
That said, the two programs have some key differences, including the requirements for eligibility. If youre experiencing a disability , youll want to know how each program functions.
Determining Your Eligibility For Ssd Or Ssi
There are no asset limits for Social Security Disability. You do not have to spend down to poverty to be eligible. You can collect SSD even if your spouse still works and you own your home.
However, SSI has strict limits on assets and income. The person must essentially qualify for welfare: no more than $2,000 in assets for an individual or $3,000 for a married couple. A car or home is not counted. However, if you own more than one car or home it will count against your claim.
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Differences Between Ssi And Ssdi
The Social Security Administration provides monthly income to those who are disabled and cannot earn a living as a result of their disabilities. The SSA has two separate programs that provide disability benefits: Supplemental Security Income and Social Security Disability Insurance . While both SSI and SSDI use the same definition of disabled to qualify for benefits, the programs have some very important differences.
If you are disabled and cannot work as a result of your impairment, it is important that you understand the SSI and SSDI benefits programs. There is a long application process for each program that takes many months, if not years. Our New York and New Jersey SSDI and SSI attorneys can help you move your claim through the system as rapidly as possible while doing everything we can to ensure that you receive the maximum benefits you deserve.
Which Areas Of Florida Do We Represent
Because of the travel required to attend hearings, Dax J. Lonetto, Sr., PLLC is limited at this time to representing social security disability benefits clients in the Tampa, St. Petersburg, and Clearwater areas of Florida only. This includes the following counties: Hillsborough, Pinellas, Sarasota, Manatee, Pasco, Hernando, and Polk.
I Am A Surviving Spouse Am I Eligible For The Lump
Yes, if all these are true:
You were married for at least nine months immediately before your spouse died.
Your deceased spouse was fully insured according to Social Security, meaning your spouse had worked and paid into the system long enough to qualify for benefits.
You were living together in the same household when your spouse died. There are exceptions for things like hospital and nursing home stays.
You apply for the lump-sum death benefit within two years of your spouses death.
Qualifying For Social Security Disability Insurance
First, lets consider eligibility requirements for SSDI. The person must meet the definition of disability established by the Social Security Administration . This includes that the condition has lasted or is expected to last at least 12 months , the individual is unable to perform previous work, and is unable to adjust to other types of work.
The mental or physical condition must be severe enough and be found in the SSA Listing of Impairments. Finally, the individual must have worked long enough and recently enough to have earned an adequate number of work credits.
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Can I Receive Both Disability And Retirement Benefits From Social Security
In most cases, the answer is no. The benefits you receive through Social Security Disability Insurance, also known as SSDI, are the same amount that you would receive in regular Social Security benefits at your full retirement age. When you reach this milestone, the Social Security Administration will convert your current disability benefits into retirement benefits. For most people, the amount received in benefits will not change because of this conversion.
How Do I Apply For Ssdi Or Ssi
If you’re applying for Social Security disability insurance , you can file your whole claim online on Social Security’s website.
If you’re applying for SSI, you can get started on Social Security’s website, but you might not be able to file the entire application online unless you’re also applying for SSDI at the same time.
If you can’t file online, or you’re not comfortable online, call Social Security at 800-772-1213 to start your claim. For more information on applying for either SSDI or SSI, see our article on applying for Social Security disability benefits.
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A Note About Spousal Benefits
According to the SSA, spousal and family benefits for those receiving SSDI payments are capped at 50% of your benefits per individual and about 180% for an entire family. These spousal and family benefits are available in specific situations that may not apply to you. The spousal benefit will not increase to the full amount of your retirement benefit when you reach full retirement age or when your spouse does.
How Monthly Payment Is Established When Collecting Concurrent Benefits
Lets say an individuals unearned income must be less than $741 per month to qualify for SSI. After applying for SSDI, the SSA approves the claim and determines the individual is entitled to receive $900 each month in SSDI payments. Since that amount is higher than the maximum income limit of $741 to qualify for SSI, SSI wouldnt be available.
However if the disability payment is $600, the individual would be entitled to both SSDI and SSI since its less than $741, but only up to the maximum SSI payment. In New York, the maximum payment for a person living alone is $808, which includes the federal and state payment.
Another advantage with concurrent benefits is that the individual might be entitled to Medicare. Those who only qualify for SSI generally cannot get Medicare coverage. But if the person is collecting concurrent benefits, then it may be available. Keep in mind there is a two-year waiting period from the date of eligibility for SSDI.
But those who receive SSI are automatically entitled to Medicaid . Its important to note that with regard to Medicare and Medicaid, coverage for either isnt necessarily guaranteed. Its important to consult with Social Security to learn more about eligibility.
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Ease The Stress And Avoid Mistakes With An Attorneys Help
Weve only covered the basics of this complex area of Social Security law. Everyones circumstances are different and will directly affect eligibility and even the strategy taken with a claim.
If your ex-spouse or spouse has passed away, we urge you to contact us as soon as possible so you understand whether you qualify for disability benefits, as either a widow or widower or as a surviving divorced spouse.
Your initial legal consultation is free and will be highly informative. We can help with your initial application or take your case to appeal a denied claim. We will discuss any questions you have and provide insights into many concerns not addressed here. Call today.
About Marc Whitehead
Dependents And Social Security
One key difference between the two programs is how dependents are treated. Dependents may be eligible to collect Social Security after monthly benefits begin. Family members can receive a combined total equaling 150 to 180 percent of your Social Security benefit after you die. Child eligibility extends to age 18 unless the child is a student, in which case benefits continue until he graduates, or becomes disabled before age 22. Ex-spouses also may qualify two years after the divorce, provided the marriage lasted 10 years and they are at least 62.
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Can I Collect Both Ssdi And Ssi
You can collect SSDI and SSI at the same time if you’re approved for SSDI but your SSDI payment is low. This might be the case if you made low wages over the years or you didn’t work much in recent years. If your SSDI payment is less than $861 , you could get a small SSI payment in addition to your SSDI payment, to raise it up to the SSI amount.
But you still have to meet the SSI requirements, so if you have more than a thousand or two in cash or assets, or income other than SSDI, you won’t qualify.
When you get SSDI and SSI at the same time, it’s called receiving “concurrent benefits.” You receive two different checks, on different payment dates for SSDI and SSI.
Can I Collect Widows Benefits And Ssi At The Same Time
Top Contributor 2021
- Posted on Nov 1, 2011
As stated yes you can apply for even though you are on widows SS. But you have to understand SSI is welfare disability as such it is usually reduced dollar for dollar from other income. So if your Widows benefits exceeds $674 a month then you not get SSI.
This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.
Why Should You Let Dax Lonetto Represent You
As a firm dedicated to disability rights, Dax J. Lonetto, Sr., PLLC can help guide you through the maze of governmental red tape, ensure all deadlines are met, and prepare your claim to present to the Social Security Administration in the most favorable manner possible.
Dax J. Lonetto, Sr., PLLC has been helping workers obtain their disability benefits since 2007, and has the experience needed to deal with the SSA and frame your case in a way that will make it easy for the personnel at the SSA to review and make their decision.
We handle cases from initial application, through the reconsideration stage, the hearing, the Appeals Council and all the way to the federal courts level, if needed.
Unlike some firms who either send non-attorneys to your hearings or who never speak to you until the day of your hearing, Dax Lonetto himself will be personally involved in your case each step of the way, supported by his knowledgeable team.
As a member of NOSSCR , Dax keeps on top of any changes to new or revised laws that might affect those eligible for social security benefits, and regularly attends continuing education seminars presented by NOSSCR.
What Is Supplemental Security Income
SSI provides minimal basic cash assistance to disabled individuals with little recent work experience. To qualify for SSI, you must have a very limited income and less than $2,000 in assets .
Technical requirements for SSI. Unlike the SSDI program, you don’t need to have a certain amount of work history for SSI. If you meet the income and asset limits, you financially qualify for the program. Of course, you must also prove that you medically qualify by proving that you’re disabled.
How much does SSI pay? The amount of SSI that an eligible person will receive is dependent on the amount of regular, monthly income they have and where they live. The maximum federal SSI payment is $841 in 2022 .
When does SSI start? SSI benefits will begin on the first of the month after the month in which you submit your application.
What other benefits are available? Disabled people who are eligible under the income requirements for SSI are also able to receive Medicaid in the state they live in. Most people who qualify for SSI also qualify for food stamps. SSI is paid out of general funds of the U.S. Treasury, much like other safety net programs.
Who gets SSI? SSI applicants are somewhat more likely to be female, as fewer women are eligible for SSDI benefits . Women generally have fewer qualifying years of work .
Learn more about the SSI program and SSI benefits.
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Can You Work While On Social Security Disability Yes But Use Caution
Social Security Disability benefits are for individuals who genuinely need financial help and cannot maintain full-time work. Can you work while on Social Security Disability? Yes! However, its important not to abuse the system. Use caution and make accurate earning reports when choosing part-time work to supplement your disability benefits from the SSA.
If you need help navigating the rules of your disability benefits, we can help! Contact our team or call us 617-825-0965.
To receive Social Security Disability Insurance benefits, you must meet specific criteria. If you are earning money, you can only make up to a certain amount to qualify for benefits. For most people, how many hours you work doesnt count as much as how muchyou earn per month on SSDI.
The Social Security Administration will determine whether youre engaging in substantial gainful activity . SGA means:
- You are earning more than a certain monthly amount .
- For 2020, the SGA amount is $1,260 per month. For blind individuals, the SGA is $2,110 per month.
- Its essential to check the SGA each year, as it can increase.
Most of the time, how much you earn matters more than work hours. However, there are exceptions.
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