Most people are familiar with Social Security as a retirement benefits program. You’ve paid part of your paycheck into Social Security for years, and you receive a modest payment every month once you formally retire. However, there is also a disability insurance component to the Social Security program. This benefit is difficult to receive, but it is a lifesaver for those who need it. Let’s look at some of the issues people face when they claim Social Security benefits.
Dependents of Retirees
Social Security benefits for the spouses of retirees are rather straightforward. Spouses 62 or older can claim Social Security themselves, and depending on their work history and how long the marriage lasted, they may be able to claim part of the deceased spouse’s Social Security benefits. If your spouse is under 62 but taking care of a minor child, not an uncommon situation with second marriages and late marriages, they may be able to claim part of your Social Security benefits. The benefits will continue until the child finishes school or hits 19. If the dependent child is disabled, your surviving spouse could claim your Social Security benefits as long as they live.
Social Security Disability Insurance Claims
Social Security disability insurance claims are the biggest reason people hire Social Security attorneys. The best Social Security attorneys help their clients get claims for benefits approved, whereas less than half of initial claims for SSDI are approved. You want to work with lawyers who focus on Social Security issues, because they are familiar with this intricate, time-consuming process. And generally, time is of the essence in these cases, since those who are seeking disability are generally unable to earn an income and may have bills piling up. A Social Security expert can fill out the paperwork so that the initial claim is more likely to be accepted, and they will help you if your initial claim was rejected. For example, they can demonstrate that you cannot work in your prior field nor retrain to work in a new area.
It is wise to consult with a top Social Security lawyer before you file a claim, because they will be able to tell you when you don’t have a strong claim for benefits. They’ll also be able to direct you to experts who could help you, such as when your case is better handled by a worker’s compensation or personal injury attorney. In other cases, it is possible to be eligible for both workers compensation and Social Security Disability. Nor will receiving worker’s compensation for an injury disqualify you for Social Security. However, Social Security doesn’t pay out partial disability benefits or short-term disability. However, Social Security attorneys can work with you to ease you from short term disability to long-term disability if it appears you will not recover within a year or the condition is expected to result in eventual death.
There are occasions where a family receives Social Security Disability Income for taking care of a special needs child. These individuals may be eligible for SSDI upon reaching adulthood. These individuals require assistance when applying for Social Security Disability, and this is especially true if their initial claim is rejected.
Issues with Retirement Benefits
It is not uncommon for people to run into problems with their Social Security retirement benefits. They may have started to collect Social Security at 62 due to prolonged unemployment and can now return to work. It is possible to file paperwork, return your payments, and then file later for Social Security. It is advisable to work with an experienced lawyer familiar with this process so that you don’t miss key deadlines or make a costly mistake. Some cases occur when you’ve worked for the government as well as private entities. When you receive a government pension, this can affect how much money you can receive from Social Security. One potential problem is when the government hasn’t properly recorded earnings with private employers, leading to reduced benefits until their records are corrected.
So Why Hire A Social Security Attorney?
Social Security is intended to be a safety net for those who are unable to work, whether disabled as adults or simply reaching the end of their working lives. The slow bureaucracy, complex paperwork and default rejections of claims make it necessary to have legal assistance to successfully resolve issues with Social Security.