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Frequently Asked Questions of Social Security Disability Injury Attorney David W. ParkerThe following information includes frequently asked Social Security disability claim questions. The answers stated are general in nature and are not intended to apply to every Social Security disability situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Salt Lake City Social Security disability Attorney David W. Parker, you can receive a personal consultation regarding your specific disability claim.
Will private disability protection reduce my Social Security Benefit? No. Private disability insurance has no affect whatsoever on your eligibility for Social Security disability payments. If you are receiving Workers' Compensation or other public disability payments, however, this could affect the dollar amount of your Social Security benefit. Are my Social Security disability benefits taxable? They may be, but only if you have substantial "combined income" apart from your Social Security. The term "combined income" comes from your 1040 Federal Income Tax return form. It means the total of adjusted gross income, plus nontaxable interest, plus one-half of your Social Security benefits. If you file your federal tax return as an individual, you may have to pay taxes on up to 50 percent of your Social Security benefits if your combined income is between $25,000 and $34,000. If your combined income is above $34,000, you may have to pay taxes on up to 85 percent of your Social Security benefits. If you file a joint return, you may have to pay taxes on up to 50 percent of your benefits if the combined joint income of yourself and your spouse is between $32,000 and $44,000. If your joint combined income is more than $44,000, you may have to pay tax on up to 85 percent of your Social Security benefits. At the end of each year, you will receive a Social Security Benefit Statement (Form SSA-1099) in the mail showing the amount of benefits you received during the year. You can use this statement when you are completing your federal income tax return to find out if any of your benefits are subject to tax. Although this form is mailed out automatically at the end of each year, an additional copy will be sent to you at any time upon your request. If you have substantial income apart from your Social Security benefits, you will want to discuss these issues with your Social Security lawyer or with your tax preparer. Does Social Security recognize common-law marriage as a basis of eligibility for receiving survivor's and spouse's benefits? The answer to this question is yes, provided the "marriage" is recognized as a valid marriage by the current state of residence of the couple. This usually depends on where the marriage was entered into. In "common-law marriage" states, a valid common-law marriage results whenever a couple lives together for a certain length of time and satisfies whatever other conditions state law may require. Some states simply do not permit common-law marriage, however, no matter how long the couple lives together. But even states that do not permit common-law marriage within their borders generally recognize the validity of common-law marriages lawfully entered into in a "common-law marriage" state. When did Social Security start? President Franklin Roosevelt signed the Social Security Act on August 14, 1935. Taxes were collected for the first time in January 1937, and the first one-time, lump-sum payments were made that same month. Regular ongoing monthly benefits started in January 1940. What types of disability benefits does Social Security pay? People who are severely disabled may be eligible for monthly benefits under one or more programs administered by the Social Security Administration. Both the Social Security program and the SSI program provide a monthly income for people with severe disabilities. The eligibility requirements for the two programs are different, however. The Social Security program pays benefits to disabled or retired workers and their families and to the families of deceased workers. To be eligible for Social Security disability benefits, you must be disabled and must have earned a minimum number of credits from work covered under Social Security (The required number of credits varies depending on your age at the time you became disabled). The SSI program provides monthly income to people who are age 65 or older, or are blind or disabled, and have limited income and financial resources. Effective January 2005, the SSI payment for an eligible individual was $579 per month and $869 per month for an eligible couple. If you are married, and only one person is eligible, a portion of your spouse's income may be counted. In addition, your financial resources (savings and assets you own) cannot exceed $2,000 ($3,000 if married). You can be eligible for SSI even if you have never worked in employment covered under Social Security. Generally, to be eligible for SSI, an individual also must be a resident of the United States and must be a citizen or a non-citizen lawfully admitted for permanent residence. Also, some non-citizens granted a special status by the Immigration and Naturalization Service may be eligible. I am receiving Social Security disability benefits right now. Will my Social Security benefits change when I turn age 65? No. The only thing that will change after your turn age 65 is that your benefits will be called Social Security retirement benefits rather than Social Security disability benefits. Everything else will remain unchanged. How many credits are required to be eligible for Social Security disability? To qualify for Social Security disability benefits, you must have worked long enough and recently enough under Social Security. You can earn up to a maximum of four work credits per year. The amount of earnings required for a credit increases each year as general wage levels rise. Family members who qualify for benefits on your work record do not need work credits. The number of work credits you need for disability benefits depends on your age when you become disabled. Generally, you need 20 credits earned in the last 10 years ending with the year you become disabled. However, younger workers may qualify with fewer credits. How does a child qualify for disability benefits? Children who are severely disabled may be eligible for monthly benefits under one or more of the programs. Both the Social Security program and the SSI program provide a monthly income for people with severe disabilities. The eligibility requirements for the two programs are different, however. The Social Security program pays benefits to disabled or retired workers and their families and to the families of deceased workers. A child's benefits generally may be paid to a dependent, unmarried child under age 18, to a child age 18 or older who became disabled before age 22, and to a full-time elementary or secondary school student under age 19. If the parent is alive, he or she must be entitled to retirement or disability benefits. If deceased, the parent must have worked long enough under Social Security for survivor's benefits to be paid on his or her record. A child age 18 or older may be entitled to Social Security benefits based on his or her disability when a parent who has worked long enough under the program is entitled or dies. The criteria used to evaluate the disability are the same as those used to evaluate disability in adults. The child must be unable to do any substantial work because of a medical condition that has lasted or is expected either to last at least 12 months or to result in death. (Usually a job that pays $700 or more per month is considered substantial.) The child's disability must have begun before age 22. The SSI program provides monthly income to people who are age 65 or older, or are blind or disabled, and have limited income and financial resources. Children can qualify if they meet the definition of disability and if the household income of the parents and the child are within the allowed limits. What is the maximum Social Security retirement benefit? As of January 2006, the maximum Social Security retirement benefit for a worker retiring at age 65 was $1,971 per month. The maximum benefit for a worker retiring at age 70 as of that date was $2420. For those electing to take early retirement at age 62, the maximum monthly benefit as of January 2006 was $1530. How long does a person need to work to become eligible for retirement benefits? When you work and pay Social Security taxes, you earn up to a maximum of four "credits" for each year. The way you earn a credit has changed over the years. Before 1978, employers reported your earnings every 3 months--these credits were called "quarters of coverage," or QCs. Back then, you got a QC or credit if you earned at least $50 in a 3-month calendar quarter. In 1978, employers started reporting your earnings just once a year. Credits are now based on your total wages and self-employment income during the year, no matter when you did the actual work. You might work all year to earn four credits, or you might earn enough for all four in a much shorter length of time. The amount of earnings it takes to earn a credit changes each year. In the year 2005, $920 in covered earnings was required to get one Social Security or Medicare work credit and $3,680 to get the maximum four credits for the year. As of 2006, $970 in covered earnings was required to get one Social Security or Medicare work credit and $3,880 to get the maximum four credits for the year. During your lifetime, you probably will earn more credits than the minimum number you need to be eligible for benefits. These extra credits do not increase your benefit amount. Your average earnings over your working years determine how much your monthly payment will be. If I receive a government pension, how will this affect my Social Security benefits? If you worked in a job that was not covered under Social Security (e.g., some Federal, State, or local government employment), the pension you receive based on that work may reduce your Social Security benefits. The Government Pension Offset, a provision of federal law, requires that your Social Security benefits be reduced by two-thirds of your government pension. In other words, if you get a monthly civil service pension of $600, two-thirds of that, or $400, must be deducted from your Social Security benefits. For example, if you are eligible for a $500 spouse's, widow's or widower's benefit from Social Security, you will receive $100 per month from Social Security ($500 - $400 = $100). The "windfall elimination provision," another segment of federal law, can also require a reduction in your benefit amount. It primarily affects people who earned a pension from working for a government agency and also worked at other jobs where they paid Social Security taxes long enough to qualify for retirement or disability benefits. It also may affect you if you earned a pension in any job where you did not pay Social Security taxes, such as in a foreign country. For example, this provision affects Social Security benefits when any part of a person's federal service after 1956 is covered under the Civil Service Retirement System (CSRS). However, federal service where Social Security taxes are withheld (Federal Employees' Retirement System or CSRS Offset) will not reduce your Social Security benefit amounts. Under the windfall elimination provision, your Social Security will be reduced if:
How do I receive the Lump Sum Death Payment after a relative dies? A lump-sum death benefit of $255 may be paid upon the death of a person who has worked long enough to be insured under the Social Security program. The lump-sum death benefit can be paid upon the death of the insured person even if they were not receiving retirement or disability benefits at the time of death. This payment is limited to a spouse who was living with the worker at the time of death or to a spouse or a child who, in the month of death, is eligible for a Social Security benefit based on the worker's record. What are the requirements to receive disabled widow's benefits? A disabled widow or widower may receive benefits as early as age 50, provided he or she is found to meet the Social Security disability requirements. When a person dies, the survivors receive a percentage of the wage earner's Social Security benefit--usually in a range from 75 to 100 percent each. However, there is a limit to the amount of money that can be paid each month to a family. The limit is generally referred to as the family maximum. This limit varies, but is generally equal to about 150 to 180 percent of the benefit rate of the deceased. If the sum of the benefits payable to the family members is greater than this limit, the benefit to the family members is reduced proportionately. What are the disability requirements for an adult? The definition of disability under Social Security law is a strict one. To be eligible for benefits, a person must be unable to do any kind of substantial gainful work because of a physical or mental impairment (or a combination of impairments), which is expected either to last at least 12 months or to end in death. If, because of a medical condition, a person cannot do the work he or she performed in the past, then age, education and past work experience must be considered in determining whether the person can do other work. If the evidence shows that the person can do other work, even if it involves different skills or pays less than their previous work, he or she will not be considered disabled for Social Security purposes. The Social Security Administration uses a step-by-step process to determine whether you will qualify as being disabled. The process includes the following five questions:
How much does Attorney David W. Parker charge for legal representation in matters Social Security Disability Claims, SSI claims, or Cessation cases? The attorney fees for these types of cases are set by law, and any attorney who charges more than the legal fee faces serious problems, including disciplinary action by the State Bar Association. Mr. Parker never charges a fee for your initial consultation, and at that time, he will fully explain all of the services your case may require and give you a careful estimate of the fees involved. There will be no "hidden costs." If you or someone you know in Salt Lake City or anywhere in the state of Utah needs the assistance or the trusted legal advice of an experienced Social Security lawyer, please contact Attorney David W. Parker, P.C., today at 1-866-740-2009, or complete the contact form provided on this site to begin your free consultation with a skilled Utah SSI lawyer. |