Archive for October, 2009

Social Security Benefits: Some Key Facts

Monday, October 19th, 2009

The Social Security Administration is responsible for the payment of social security benefits under the social security system in the United States. There are several categories of social security benefits, depending on the need that it seeks to address. People who have had to sacrifice employment and its benefits on account of chronic illness, or those who have qualified for benefits on attaining pensionable age are still eligible for social security under different clauses. Some segments of society can receive social security benefits through some specific clauses addressing that segment. For instance, the disability benefits are available for workers unable to continue their existing jobs, once they cross a required duration at work (calculated as credits). To address the differing requirements of different sections of the society, the Social security administration pays the social security benefits through two different programs; the Social Security disability insurance program and the Supplemental Security Income (SSI) program.

The main criteria for availing social security benefits is that the person claiming the benefit is unable to work or has to stop working due to a medical condition that may last up to an year or result in death. If an individual is employed with average monthly earnings exceeding a certain amount as decided by the administration, then the person will not be considered as disabled. The amount changes each year and can be accessed from the administration’s Update (Publication No. 05 10003) for the current year. There is no provision for partial disability under the Social Security Act. In case a person is unable to perform a previously held job, the administration looks for an equitable alternative for the person. The medical condition of the person, his age, educational qualifications, previous work experience and other skills are all examined to judge whether another job could substitute the previous occupation. If no other opportunity presents, the State agency will decide that the individual is indeed disabled. However, with individuals over 50 years of age, the State rules are more relaxed and they may have a much better chance of winning some benefits. Even persons with low paying part time employment and consequently negligible savings have a good chance at obtaining social security benefits.

Making Sure You are Prepared to Have Your Social Security Benefits Case Heard Before an Administrative Judge

Thursday, October 15th, 2009

Q: When should you apply for social security benefits after you have been injured?

A: When you expect that your medical situation will keep you from being employed for 12 months or more, submit your social security benefits application. The review process can take months or years, so it is best to apply as soon as possible. There is no waiting period to apply.

Q: What will be expected of you when your case is heard by an administrative judge?

A: Having your case heard before an administrative judge gives you one final opportunity to have your social security benefits claim reviewed. You, therefore, want to make sure you are present and prepared. If you have an attorney, he will make sure that the court has all the necessary medical records, history and statements from your treating physician. If you do not have an attorney, it will be your responsibility to make sure those details are provided. The statement provided by your physician is extremely important. If your physician is not supportive, consider finding one who is. This may seem obvious, but confirm and mark the court date on your calendar. Make sure you arrive on time for your scheduled court date. Make sure you know where the courthouse is, how you plan to get there and how long it will take to get there. Know what is appropriate attire for that particular court and judge. Be courteous and alert. When you give your testimony and are asked questions, be honest. A hearing offers you one last chance to be awarded social security benefits and it is important to take it seriously.

Q: Is there anything you can do about debt, while you are awaiting notification on social security benefits claim?

A: It will be worth your time to contact any lenders or other businesses with whom you have debt when you know you plan to submit an application for social security benefits. Many institutions will suspend actions against you until you receive notification regarding your claim. You will often need to keep them abreast of the status of your claim. Please recognize that only some institutions will halt collections activities and it is not required.