Social security lawyer

Along with every paycheck that you receive from your employer comes a corresponding deduction of Social Security taxes. For most people, Social Security is used for the purpose of retirement benefits that they can avail of when they reach the age of retirement. Many people are not aware however that part of the Social Security tax can be used in the form of a disability plan. Even if you are not quite at the retirement age yet, there is a clause in the Federal law that allows you to claim some Social Security benefits if you suffer from an injury or any other type of illness or disease that will prevent you from working. These benefits can be used to provide you with an income source in the event that you are not able to work.

The Social Security Act defines disability as either a physical or mental condition that prevents the sufferer from engaging in any activity that generates income, and that can either result in his or her death or last for 12 months or more. Many people seem to be confused about when they can apply for Social Security disability benefits and when they can begin collecting payments. What you should realize is that it is important that you file for disability as early as you can, even on the day that you are disabled if possible. This is because the process can take a lot longer than anticipated, and waiting too long before you apply may mean delaying your benefits even longer, as well as risking the chance of lost benefits. Keep in mind that even with the help of an experienced Social Security lawyer, the claim process can still take a long time. Keep in mind that you will also have to be out of work for at least 5 months before you can begin to receive disability benefits.

The question of why the entire claim process takes so long…often lasting more than a year…is one that comes up often. Even with a competent Social Security lawyer on your side, the process can still take an excessively long time. Many people find it quite frustrating to be out of work and unable to claim their benefits, but the severe backlog of Social Security cases is the cause of all this. Social Security cases are typically processed on a first come, first served basis, which means that you have no choice but to wait it out. In certain states in fact, the entire process has been known to take anywhere from eighteen months up to two years in order to get a hearing.

It is interesting to note that even if a Social Security Disability lawyer cannot help you get a hearing with an administrative law judge sooner, a good one can work wonders for your case even before you get a hearing. A good Social Security Disability lawyer will have enough experience to know what type of evidence to collect as well as how to use any opportunities to your advantage, such as filing the claim with the Office of Disability Determinations or coming up with an On the Record opinion so that a hearing for your case may not even be necessary. In any case, there are a number of obstacles that you have to deal with when filing for Social security benefits. With a competent lawyer on your side however, the process can be resolved much sooner than if you take on the task of filing the claim by yourself.

Q: I have a business under my name but my spouse runs it. Can I have still apply for social security benefits?

A: The SSA defines the word disability as being unable to complete any substantial activity that will earn you a living. What is considered “substantial gainful activity” comes from the National Wage Index, which averages monthly wages across the board. The SSA considers an applicant to be working or employed at any time the that person “is the owner or part owner of a trade or business even if he or she does not actually work in the trade or business or receive any income from it.”

Your business income may affect your social security benefits. The income you receive from your business, regardless of who runs it, may be considered substantial if it exceeds a determined SGA (or substantial gainful activity) level. The SSA determines this SGA level by doing a comparison of the income of your business to the income you received before you became disabled, as well as to the income of a healthy individual doing the same business.

Q: If I pass away while I am in the Social Security Disability application process, where does my claim go?

A: The SSA states that when an individual who was or could have been eligible to receive social security benefits becomes deceased, surviving family member can request a Lump Sum Death Payment. What does this mean? If you die in the while your claim for social security benefits is pending, your family may be able to get some of the benefits you would have been eligible to receive after the waiting period. To do this, surviving family members need to prove that their deceased relative did or could have qualified for social security benefits in the month that they died.

Only certain close family members are eligible for these survivor’s social security benefits. When making the claim, the family will need to provide information and records about the deceased’s social security benefits eligibility and application (if there was one). The SSA will also want to see information about the deceased’s overall disability, starting at fourteen months before death.

Q: If I am receiving social security benefits and I die, what happens to them?

A: A person who has worked and paid social security taxes may be eligible for survivor’s benefits upon their death. For one’s family to be eligible for survivor’s benefits, up to 10 years of work is needed, depending on one’s age. Survivors’ social security benefits can be paid to:

• A widow or widower, who will receive full benefits at retirement age, and reduced benefits starting at 60
• A disabled spouse aged 50 or over
• Unmarried children under 18 (or up to 19 if attending high school)
• Children of any age disabled before the age of 22
• Dependent parents over 62 years of age.

Just a little note on my very first blog page. I will try hard to post each and every day here on my blog. I am writing about social security and disability benefits. I trust you will find this of use and will comment. Thanks gain for stopping by.