Social Security Benefits Concerns

Q: I own a business, but do not run it myself. Can I have still apply for social security benefits?

A: As defined by the Social Security Administration, disability is the “inability to engage in any substantial gainful activity.” What is considered “substantial gainful activity” comes from the National Wage Index, which averages monthly wages across the board. They consider a person to be working any day that he or she “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. If that income goes over the predetermined substantial gainful activity (SGA) level, the SSA may consider it a substantial income. This level is determined by comparing your business earnings to your pre disability earnings, and the earnings of a non disabled person engaged in the same business.

Q: What will happen to my claim if I die while in the process of applying for benefits?

A: According to the Social Security Administration, if a person who may be eligible for social security benefits dies (this includes Supplemental Security Income), their survivors may apply for a Lump Sum Death Payment. This means that, if you were to die in the process of applying for social security benefits, your survivors may make a case for the social security benefits you may have earned after the waiting period. In order to receive the lump sum payment, your survivors must prove that you would have qualified for social security disability in the month of death.

Lump Sum Death Payment of social security benefits is available only to particular surviving family members. 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: What will happen to my social security benefits, once I am already on them, and I die?

A: When you are receiving social security benefits, and have paid social security taxes, some family members may be eligible to receive survivor’s benefits upon your death. In general, for family members to receive survivor’s social security benefits, ten or so years of work will be needed (though this does vary). The following relatives may be eligible for survivors’ social security benefits:

• A spouse, with full benefits when they reach retirement, or some benefits beginning at age 60
• A disabled widow or widower, starting at age 50
• Unmarried children under 18 (or up to 19 if attending high school)
• Children of any age disabled before the age of 22
• Dependent parents who are 62 years old or older.

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