Your Social Security Disability Claims Questions Answered
04/05/09
Q: Should I make my claim for social security disability under my own account, or under the social security account of my spouse who recently passed away?
A: Of course, for most people applying for social security disability, your objective is to receive the highest payments you can. Sometimes the largest social security disability payment will come from the survivor's benefits you receive from a deceased spouse's account. In other situations, the greatest social security disability payment will come from applying under your own account. In either case, you will need to determine the highest payment, as you cannot apply under both.
When deciding if you want to apply under a spouse's account or your own, calculating the highest social security disability payment is an obvious first step. The wisest thing is to consult the Social Security Administration to figure out under which account your payments would be higher. Whether the payments are higher under your own social security disability account or your deceased spouse's is determined by your current age, the severity of your disability, and your earnings record. If you do apply for survivor's benefits, you will generally receive full benefits if you are at full retirement age or older at the date of application (or over 50 and disabled). If you are not disabled, you can get anywhere from 71 to 99 percent of your spouse's benefits before you reach retirement, as long as you are 60 years old or older.
Q: I currently get my benefits from social security disability, but I want to switch to social security retirement.
A: In most cases, a person currently receiving social security disability benefits will automatically receive retirement benefits when they reach full retirement age. Most people who get social security disability have to do little or nothing to bring about the transfer. Consult the Social Security Administration or talk to a lawyer for information about transferring from social security disability to retirement.
Q: Is it true that everybody's social security disability claim gets denied the first time?
A: You have probably heard comments and complaints from many social security disability applicants that their claims are constantly denied; but in reality, not all first applications are rejected. The Social Security Administration has no policy or regulation stating that all first applicants should be denied. That said, it is true that many first applications are denied, and that approvals tend to result from the appeals process.
Of all social security disability claims, about 70% are denied the first time they apply. Unfortunately, many of those who are denied do not have a full understanding of what they should do in order to be approved next time they apply. Since most social security disability approvals happen through appeal, it is key to have knowledge of the ins and out of the appeals process. Speak to a social security disability professional or the SSA for details.
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Tampa social security lawyer