Archive for the ‘Law’ Category
The Full Scope of Social Security Benefits
Sammy Beanard asked:
You work during your work life. You contribute. Your employer contributes. You retire. You draw the benefits. That is a key part of Social Security, but it is only a part. The rest of the protections in their own way are every bit as valuable and as necessary as retirement benefits.
For example, there is a disability benefit. If a young worker is on their way to work today and is disabled in an accident on a freeway and cannot work again, that worker under the social contract we have under Social Security has the ability not to become a pauper, not to have their family and children become paupers, but to be able to sustain themselves because they are part of this National, social contract in the insurance system where we have anticipated that that will happen to some number of people.
And we do not want those people’s lives to be destroyed when a disabling accident happens, whether they are on their way to work, at work, or what have you.
In addition to that, we have, if we think of an even worse case, an instance where someone is a younger worker loses their life. We have a survivor’s benefit so that again, you have a situation where the family is able to derive some support and some financial strength, but it comes off this National insurance contract that we have one with the other.
We hope this will not happen to us, but if it does or to the person next door or across town, then, we are tied into this arrangement where we provide this kind of insurance one to the other.
And it is a very important benefit. In every single day, there are younger workers in our society, workers up and down the scale to which these events happen, and families.
And the Social Security system kicks in. It is there when they need it. And thank God for it.
Finally, there is also health care protection in the Medicare Part A portion of Medicare. And so it is not just a matter of a retirement benefit per se in the sense of an income that comes in at retirement age, but it also is the very important and very valuable, very financially important support that comes through Part A of Medicare.
Any serious discussion of Social Security cannot be squeezed down to an artificially small definition of what it is, as important as that may be, namely, retirement benefits, but we have to understand this broader scope of the protections because that is really what ties the generations together.
This is really a cross-generational program. This is not just a matter of the younger workers providing a flow of income into the fund for retired workers, whether in their family or outside.
It is actually a cross-generational set of insurance protections so that younger workers have available to them at exactly the time they need it the most of a form of social insurance that they would not have any other way.
Scott
You work during your work life. You contribute. Your employer contributes. You retire. You draw the benefits. That is a key part of Social Security, but it is only a part. The rest of the protections in their own way are every bit as valuable and as necessary as retirement benefits.
For example, there is a disability benefit. If a young worker is on their way to work today and is disabled in an accident on a freeway and cannot work again, that worker under the social contract we have under Social Security has the ability not to become a pauper, not to have their family and children become paupers, but to be able to sustain themselves because they are part of this National, social contract in the insurance system where we have anticipated that that will happen to some number of people.
And we do not want those people’s lives to be destroyed when a disabling accident happens, whether they are on their way to work, at work, or what have you.
In addition to that, we have, if we think of an even worse case, an instance where someone is a younger worker loses their life. We have a survivor’s benefit so that again, you have a situation where the family is able to derive some support and some financial strength, but it comes off this National insurance contract that we have one with the other.
We hope this will not happen to us, but if it does or to the person next door or across town, then, we are tied into this arrangement where we provide this kind of insurance one to the other.
And it is a very important benefit. In every single day, there are younger workers in our society, workers up and down the scale to which these events happen, and families.
And the Social Security system kicks in. It is there when they need it. And thank God for it.
Finally, there is also health care protection in the Medicare Part A portion of Medicare. And so it is not just a matter of a retirement benefit per se in the sense of an income that comes in at retirement age, but it also is the very important and very valuable, very financially important support that comes through Part A of Medicare.
Any serious discussion of Social Security cannot be squeezed down to an artificially small definition of what it is, as important as that may be, namely, retirement benefits, but we have to understand this broader scope of the protections because that is really what ties the generations together.
This is really a cross-generational program. This is not just a matter of the younger workers providing a flow of income into the fund for retired workers, whether in their family or outside.
It is actually a cross-generational set of insurance protections so that younger workers have available to them at exactly the time they need it the most of a form of social insurance that they would not have any other way.
Scott
Learning the Fundamentals of Social Security Survivor’s Benefits Claim
Claysphere Rivera asked:
General public opinion had generated the belief that Social Security is designed exclusively for retirement. Contrary to this misconception, Social Security System offers a variety of programs that cater not only benefits for retiring individuals but also programs providing assistance for the disabled including their dependents.
This article focuses on Social Security program, particularly survivor’s benefits. More specifically, the article gives a thorough exposition of the fundamentals of Social Security survivor’s benefits claims.
Foremost, a brief discussion about Social Security survivor’s benefits is worthwhile.
Social Security survivor’s benefits are designed to provide the much-needed income to the surviving family members of a qualified decedent making their lives sustainable at least.
Not just anybody can apply for this kind of benefits. The Social Security Administration had provided constitutive requirements for a survivor benefit claims.
The survivor’s eligibility is gauged based on the decedent’s earning record showing his work, payment of social security taxes and earned work credits. The work credits are crucial in this respect because it would be made the basis for the survivor’s entitlement of this particular kind of social security benefit.
Worthy to note however, under a special rule, if you are only “currently insured” at the time of your death and relatively have only 6 credits in the 13 quarters prior to your death, your children and your spouse can still receive this benefits.
On the other hand, if you have determined your qualifications for benefits it would be wise to apply promptly, especially if you are not yet a recipient of social security benefits. This is for the reason that the benefits are paid from the time of application and not from the time that the worker died.
The application for benefits generally requires relevant information such as the following:
• the proof of death;
• Social Security number of the applicant as well as the deceased worker;
• marriage certificate if applying as a divorced widow or widower;
• dependent children’s social security numbers if available including their birth certificates;
• deceased worker’s W-2 forms or federal self-employment tax return for the most recent year; and
• the name of the bank and account number of the applicant so that the benefits can be deposited directly in the account
Some of the requirements mentioned above can be dispensed with especially to those who have already received Social Security benefits. However, it is essential to report the death with the Social Security office so that update and changes of payment would be made.
With reference to the amount of survivor’s benefits, the same relatively depends on the earnings of the person who died. The more the worker paid into Social Security, the greater your benefits will be.
Take notice that, there is a limitation to the payment of benefits to the survivor members each month. The limit varies, but is generally between 150 and 180 percent of the deceased’s benefit amount.
More so, reduction of benefits can be halted on the following situations:
• To those who get a pension from work that was not covered by Social Security, like the federal civil service, your Social Security benefit may be reduced.
• Those who are working and have been receiving Social Security survivor’s benefits and are younger than full retirement age, the benefits may be reduced if your earnings exceed certain limits.
However, the reduction of benefits affects only the survivor concerned and not the benefits of other family members.
A special rule applies to those who remarry. Generally, widow or widower’s benefits are not given to those who remarry before age 60.
However, remarriage after age 60 (or age 50 if disabled) will not hold the survivor from getting benefit payments based on the latter’s former spouse’s work.
At age 62 or older, the survivor may get benefits based on his/ her new spouse’s work, if the benefits are higher.
Like any other claim under the whole spectrum of Social Security, claimants are given the right to dispute the findings or decision of the Social Security Administration.
An appeal, to be specific, is given to the claimants. The latter process entails complex situations that need another careful elaboration.
The key thing in all types of claims is the right of the claimant to confer with a Social Security lawyer of their choice.
For credible information and expert representation on your survivor benefits claim, log on to our website and seek the assistance of our Los Angeles Social Security attorneys.
Glen
General public opinion had generated the belief that Social Security is designed exclusively for retirement. Contrary to this misconception, Social Security System offers a variety of programs that cater not only benefits for retiring individuals but also programs providing assistance for the disabled including their dependents.
This article focuses on Social Security program, particularly survivor’s benefits. More specifically, the article gives a thorough exposition of the fundamentals of Social Security survivor’s benefits claims.
Foremost, a brief discussion about Social Security survivor’s benefits is worthwhile.
Social Security survivor’s benefits are designed to provide the much-needed income to the surviving family members of a qualified decedent making their lives sustainable at least.
Not just anybody can apply for this kind of benefits. The Social Security Administration had provided constitutive requirements for a survivor benefit claims.
The survivor’s eligibility is gauged based on the decedent’s earning record showing his work, payment of social security taxes and earned work credits. The work credits are crucial in this respect because it would be made the basis for the survivor’s entitlement of this particular kind of social security benefit.
Worthy to note however, under a special rule, if you are only “currently insured” at the time of your death and relatively have only 6 credits in the 13 quarters prior to your death, your children and your spouse can still receive this benefits.
On the other hand, if you have determined your qualifications for benefits it would be wise to apply promptly, especially if you are not yet a recipient of social security benefits. This is for the reason that the benefits are paid from the time of application and not from the time that the worker died.
The application for benefits generally requires relevant information such as the following:
• the proof of death;
• Social Security number of the applicant as well as the deceased worker;
• marriage certificate if applying as a divorced widow or widower;
• dependent children’s social security numbers if available including their birth certificates;
• deceased worker’s W-2 forms or federal self-employment tax return for the most recent year; and
• the name of the bank and account number of the applicant so that the benefits can be deposited directly in the account
Some of the requirements mentioned above can be dispensed with especially to those who have already received Social Security benefits. However, it is essential to report the death with the Social Security office so that update and changes of payment would be made.
With reference to the amount of survivor’s benefits, the same relatively depends on the earnings of the person who died. The more the worker paid into Social Security, the greater your benefits will be.
Take notice that, there is a limitation to the payment of benefits to the survivor members each month. The limit varies, but is generally between 150 and 180 percent of the deceased’s benefit amount.
More so, reduction of benefits can be halted on the following situations:
• To those who get a pension from work that was not covered by Social Security, like the federal civil service, your Social Security benefit may be reduced.
• Those who are working and have been receiving Social Security survivor’s benefits and are younger than full retirement age, the benefits may be reduced if your earnings exceed certain limits.
However, the reduction of benefits affects only the survivor concerned and not the benefits of other family members.
A special rule applies to those who remarry. Generally, widow or widower’s benefits are not given to those who remarry before age 60.
However, remarriage after age 60 (or age 50 if disabled) will not hold the survivor from getting benefit payments based on the latter’s former spouse’s work.
At age 62 or older, the survivor may get benefits based on his/ her new spouse’s work, if the benefits are higher.
Like any other claim under the whole spectrum of Social Security, claimants are given the right to dispute the findings or decision of the Social Security Administration.
An appeal, to be specific, is given to the claimants. The latter process entails complex situations that need another careful elaboration.
The key thing in all types of claims is the right of the claimant to confer with a Social Security lawyer of their choice.
For credible information and expert representation on your survivor benefits claim, log on to our website and seek the assistance of our Los Angeles Social Security attorneys.
Glen
Social Security Benefits After Divorce
Jean Mahserjian asked:
Divorce does have some effects on social security benefits. The basics are quite simple. If you are entitled to receive social security benefits based upon your own earnings record, you will, of course, be able to collect social security after divorce based on that earnings record. However, if you were married for ten or more years, you might be able to collect social security benefits under your spouse’s record after you are divorce. There are a few qualifications that you must deal with.
The first issue to be addressed is the amount of time that you were married before the divorce. To collect social security benefits based upon your former spouse’s earnings record, you must have been married for at least ten years. If you or your spouse are considering divorce, this ten year time limit might be an important issue. For example, if you have been married for just nine years, and if having this social security benefit after divorce will help you, you might want to negotiate a one year separation before the divorce. That way, you have preserved your ability to collect social security under your soon to be ex spouse’s earnings record after the divorce. The one year separation could have some impact upon other rights that you need to address. So, it is a good idea to discuss this issue with your divorce attorney or with an accountant before finalizing a separation or divorce agreement.
You cannot collect social security under an ex spouse’s earnings record if you remarry. So, if you have carefully preserved this benefit after divorce, you might want to be very careful about remarrying. You can collect social security benefits under the next spouse’s earnings record, but the same time rule will apply. That is, you must remain married to that individual for ten years before you can collect social security under their earnings record.
Many people simply want to know how much they will collect in social security benefits. The general rule when collecting benefits under someone else’s earnings record is that you cannot collect more than fifty percent of that person’s benefit. So, if your spouse or ex spouse is going to receive a monthly benefit of $1500, you cannot collect more than $750 if you collect under their earnings record. You need to know what your own benefit will be to decide if you would be better off collecting under your own earnings record or under a spouse or former spouse’s earnings record after divorce.
The rules that pertain to collecting social security after divorce are different than the rules that pertain to collecting social security after the death of a spouse to whom you are still married. THose rules should not be confused.
You can always check with the social security administration to find out what your social security rights and benefits are. The social security administration also maintains a website that you can interact with to figure out your rights and benefits.
Gabriel
Divorce does have some effects on social security benefits. The basics are quite simple. If you are entitled to receive social security benefits based upon your own earnings record, you will, of course, be able to collect social security after divorce based on that earnings record. However, if you were married for ten or more years, you might be able to collect social security benefits under your spouse’s record after you are divorce. There are a few qualifications that you must deal with.
The first issue to be addressed is the amount of time that you were married before the divorce. To collect social security benefits based upon your former spouse’s earnings record, you must have been married for at least ten years. If you or your spouse are considering divorce, this ten year time limit might be an important issue. For example, if you have been married for just nine years, and if having this social security benefit after divorce will help you, you might want to negotiate a one year separation before the divorce. That way, you have preserved your ability to collect social security under your soon to be ex spouse’s earnings record after the divorce. The one year separation could have some impact upon other rights that you need to address. So, it is a good idea to discuss this issue with your divorce attorney or with an accountant before finalizing a separation or divorce agreement.
You cannot collect social security under an ex spouse’s earnings record if you remarry. So, if you have carefully preserved this benefit after divorce, you might want to be very careful about remarrying. You can collect social security benefits under the next spouse’s earnings record, but the same time rule will apply. That is, you must remain married to that individual for ten years before you can collect social security under their earnings record.
Many people simply want to know how much they will collect in social security benefits. The general rule when collecting benefits under someone else’s earnings record is that you cannot collect more than fifty percent of that person’s benefit. So, if your spouse or ex spouse is going to receive a monthly benefit of $1500, you cannot collect more than $750 if you collect under their earnings record. You need to know what your own benefit will be to decide if you would be better off collecting under your own earnings record or under a spouse or former spouse’s earnings record after divorce.
The rules that pertain to collecting social security after divorce are different than the rules that pertain to collecting social security after the death of a spouse to whom you are still married. THose rules should not be confused.
You can always check with the social security administration to find out what your social security rights and benefits are. The social security administration also maintains a website that you can interact with to figure out your rights and benefits.
Gabriel
Understanding the Basics of Social Security Spouse Benefits
Melvin Magadia asked:
Disability can bring a lot of hassle and inconvenience to you and your loved one as well. You could lose your income or worse result to your death. The good news is you can be qualified to avail of disability benefits under the law of your state.
If you are a spouse of a disabled employee who has their paid social security taxes, you are eligible to avail of social security spouse benefits. Here we will look at the basic principle of how spouses can available of disability benefits.
Determining your social security benefits can be easy. In fact, you do not even have to go out of your house. If you have a personal computer, all you need to do is log on to the Internet and check out what the search engines have for you. There are trusted websites that focus on social security disability. You can also check out the official website of the Social Security Administration (SSA).
Current, divorced, or former spouses are entitled to receive benefits if the marriage lasts for a minimum of ten years. However, although the law allows workers to avail of benefits for up to five spouses, each marriage should have followed proper divorce.
Since age 70 is the latest age for retiring and because pre-teen marriage is not recognized in any state, the number of successive benefits will not be more than five in a ten-year period. The non-working spouse may be eligible to receive benefits only upon application of the disabled worker.
The earliest age that the spouse can avail of benefits is at 60 years old. The beneficiary will receive full benefits since they retired at the start of the normal retirement age. However, if the spouse decides to avail of the benefits before the retirement age, it will be subjected to actuarial reduction.
If you are a handicapped widow or widower, the minimum age requirement in order to avail of social security spouse benefits is 50 years old. Under the law, you are qualified to receive disability benefits, if you become handicapped immediately after the demise of your spouse at age 50.
When availing of spousal benefits, your application can be facilitated if you have the following documents:
• Death certificate
• Your SS number as well as the dead worker’s number
• Birth certificate
• In the case of a widow or widower, marriage certificate
• Divorce papers, if applicable
• SS number of dependent
• Your dead spouse’s W-2 form, or federal self-employment tax return, for the current year
• Depository bank and account numbers
If these documents are not available, the Social Security Administration can obtain them for you.
Understanding these provisions can be too much for you. By hiring a competent social security disability lawyer, things will not be as complicated as they are before you hired an attorney. They can make things more convenient and hassle-free. Just make sure that you are comfortable with the lawyer otherwise, everything will just be waste of time and money.
When hiring these lawyers, you do not have to worry about attorney’s fees. Most of them charge a contingency fee. This means that they will not collect anything from you until the issue has been resolved and compensation has been determined.
Our Los Angeles attorneys are experts in handling Social Security spouse benefits claims. For your inquiries and free case evaluation, please do visit our website.
Theodore
Disability can bring a lot of hassle and inconvenience to you and your loved one as well. You could lose your income or worse result to your death. The good news is you can be qualified to avail of disability benefits under the law of your state.
If you are a spouse of a disabled employee who has their paid social security taxes, you are eligible to avail of social security spouse benefits. Here we will look at the basic principle of how spouses can available of disability benefits.
Determining your social security benefits can be easy. In fact, you do not even have to go out of your house. If you have a personal computer, all you need to do is log on to the Internet and check out what the search engines have for you. There are trusted websites that focus on social security disability. You can also check out the official website of the Social Security Administration (SSA).
Current, divorced, or former spouses are entitled to receive benefits if the marriage lasts for a minimum of ten years. However, although the law allows workers to avail of benefits for up to five spouses, each marriage should have followed proper divorce.
Since age 70 is the latest age for retiring and because pre-teen marriage is not recognized in any state, the number of successive benefits will not be more than five in a ten-year period. The non-working spouse may be eligible to receive benefits only upon application of the disabled worker.
The earliest age that the spouse can avail of benefits is at 60 years old. The beneficiary will receive full benefits since they retired at the start of the normal retirement age. However, if the spouse decides to avail of the benefits before the retirement age, it will be subjected to actuarial reduction.
If you are a handicapped widow or widower, the minimum age requirement in order to avail of social security spouse benefits is 50 years old. Under the law, you are qualified to receive disability benefits, if you become handicapped immediately after the demise of your spouse at age 50.
When availing of spousal benefits, your application can be facilitated if you have the following documents:
• Death certificate
• Your SS number as well as the dead worker’s number
• Birth certificate
• In the case of a widow or widower, marriage certificate
• Divorce papers, if applicable
• SS number of dependent
• Your dead spouse’s W-2 form, or federal self-employment tax return, for the current year
• Depository bank and account numbers
If these documents are not available, the Social Security Administration can obtain them for you.
Understanding these provisions can be too much for you. By hiring a competent social security disability lawyer, things will not be as complicated as they are before you hired an attorney. They can make things more convenient and hassle-free. Just make sure that you are comfortable with the lawyer otherwise, everything will just be waste of time and money.
When hiring these lawyers, you do not have to worry about attorney’s fees. Most of them charge a contingency fee. This means that they will not collect anything from you until the issue has been resolved and compensation has been determined.
Our Los Angeles attorneys are experts in handling Social Security spouse benefits claims. For your inquiries and free case evaluation, please do visit our website.
Theodore
Pursuing Social Security Claims With Rolling Hills Lawyers
Mary Jean Kuda asked:
Rolling Hills is a city in Los Angeles County bordered by the Rolling Hills Estates to the north and Rancho Palos Verdes on all other sides. As of the recent census, the city population was 1,871. It is the 21st richest place in the United States and fourth for places with a population of at least 1,000.
It is a private, gated city atop the scenic hills of Palos Verdes. Incorporated in 1957, it maintains a ranch character with an enduring respect for the natural surroundings, with no traffic lights, large spaces between houses and wide equestrian paths along streets.
In a rich city like Rolling Hills, Social Security problems will surely arise. When they do, Rolling Hills Social Security lawyers are just standing by to help you with the complex and often frustrating procedure of applying for and obtaining Social Security benefits.
Claims under Social Security may be pursued with or without a representative. However, when filed with a representative, preferably a lawyer, the claimants will definitely have a higher percentage of winning their claims rather than in pursuing it alone.
This is because upon application necessary paper works must be submitted – and if it does not convince the Social Security Administration then the claim will be denied at the onset.
So if you doubt the weight and believability of your paper work for your social security claim take some advice and look for qualified assistance right away.
Denial at the Initial Stage does not deter you from further enforcing your claim. You may file a request for reconsideration. Denial of the request may be expected at this stage. In fact, 80% to 85% of claims for reconsideration are denied.
Denial of the request for reconsideration does not put an end to your claim. You can ask that your case be heard by a Judge. Again, this may be done with or without a representative.
Then again, it is better to go to court with a representative as to do without will expose you from further partiality.
For example, the judge, upon seeing you alone and without any knowledge of court procedure, will not be hesitant to deny your claim.
Undeniably, the role of a Rolling Hills Social Security lawyer in your claim is necessary not only to facilitate a faster claim but also to guide you in navigating through the intricate legal process.
However, this should not be understood to mean that the assistance of a lawyer would surely bring positive results on your claim. Of course, Social Security lawyers are not insurers of your claim’s approval. There are times that even when assisted by a lawyer denial may still result.
Engaging the services of a lawyer in your social security case can surely spell a difference between approval and disapproval of claim for benefits. You will for sure put a good fight when you appear prepared before the administration or judge.
With this in mind, determining the issue of representation and the representative to handle your social security case is not simple task. You must think several times before filing your claim unprepared or unrepresented.
For immediate response to your Social Security concerns, employ the aid of our Rolling Hills lawyers. Just log on to our website and avail our free case evaluation services.
Steve
Rolling Hills is a city in Los Angeles County bordered by the Rolling Hills Estates to the north and Rancho Palos Verdes on all other sides. As of the recent census, the city population was 1,871. It is the 21st richest place in the United States and fourth for places with a population of at least 1,000.
It is a private, gated city atop the scenic hills of Palos Verdes. Incorporated in 1957, it maintains a ranch character with an enduring respect for the natural surroundings, with no traffic lights, large spaces between houses and wide equestrian paths along streets.
In a rich city like Rolling Hills, Social Security problems will surely arise. When they do, Rolling Hills Social Security lawyers are just standing by to help you with the complex and often frustrating procedure of applying for and obtaining Social Security benefits.
Claims under Social Security may be pursued with or without a representative. However, when filed with a representative, preferably a lawyer, the claimants will definitely have a higher percentage of winning their claims rather than in pursuing it alone.
This is because upon application necessary paper works must be submitted – and if it does not convince the Social Security Administration then the claim will be denied at the onset.
So if you doubt the weight and believability of your paper work for your social security claim take some advice and look for qualified assistance right away.
Denial at the Initial Stage does not deter you from further enforcing your claim. You may file a request for reconsideration. Denial of the request may be expected at this stage. In fact, 80% to 85% of claims for reconsideration are denied.
Denial of the request for reconsideration does not put an end to your claim. You can ask that your case be heard by a Judge. Again, this may be done with or without a representative.
Then again, it is better to go to court with a representative as to do without will expose you from further partiality.
For example, the judge, upon seeing you alone and without any knowledge of court procedure, will not be hesitant to deny your claim.
Undeniably, the role of a Rolling Hills Social Security lawyer in your claim is necessary not only to facilitate a faster claim but also to guide you in navigating through the intricate legal process.
However, this should not be understood to mean that the assistance of a lawyer would surely bring positive results on your claim. Of course, Social Security lawyers are not insurers of your claim’s approval. There are times that even when assisted by a lawyer denial may still result.
Engaging the services of a lawyer in your social security case can surely spell a difference between approval and disapproval of claim for benefits. You will for sure put a good fight when you appear prepared before the administration or judge.
With this in mind, determining the issue of representation and the representative to handle your social security case is not simple task. You must think several times before filing your claim unprepared or unrepresented.
For immediate response to your Social Security concerns, employ the aid of our Rolling Hills lawyers. Just log on to our website and avail our free case evaluation services.
Steve
