Archive for May, 2009.
Posted on May 30th, 2009 by admin in Uncategorized
Q: If I get Supplemental Security Income benefits, will my children get them, too?
A: When you consult a social security lawyer or apply for Social Security on your own, it is important to keep in mind that there are big differences between Social Security Disability Insurance benefits and Supplemental Security Income (SSI). While those that qualify for Social Security Disability Insurance Benefits may be able to obtain benefits for their children (a social security lawyer can help with the process), those that apply only for SSI cannot. The reason for this is that SSI is given based only upon need, and so benefits are not offered to dependents.
If you are approved for Social Security Disability Insurance benefits, on the other hand, it is possible to obtain benefits for minor children in some cases. Your dependent children’s ability to get benefits will generally be based on your past earnings. Not all of those who apply for Social Security Disability Insurance Benefits qualify for dependents’ benefits. Those with a short work history may not qualify. Talk to a social security lawyer for details.
Q: If I have money in my bank account, can I be approved for SSI benefits?
A: Any social security lawyer will tell you: because SSI is a need based program, all resources and income will be counted towards qualification. Those that qualify for SSI must earn little money and have few assets. And while every state has a slightly different resource limit for qualifying for SSI, there are a few general guidelines that a social security lawyer will give you when looking over your application.
See below for some of the things that are generally considered a resource, and which will be considered a part of your income.
• Cash
• Bank Accounts
• Stocks and Bonds
• Real Estate
• Life Insurance
• Cars, Trucks, and Other Vehicles
• Personal Property
While you may qualify for SSI benefits if you own a car or your own home, having too many resources or too much money in the bank will affect your eligibility. In general you must have less than $2000 in the bank for an individual, or $3000 for a couple, to qualify for SSI. However, you will want to talk to a social security lawyer about the specific requirements for your state.
Q: Will they take away my benefits if I sell my house and make money off of it?
A: The answer to this question will vary from case to case, and it is a good idea to speak with a social security lawyer in this situation. If you sell your home and make a profit, the amount of profit will determine your continued SSI benefits. If you make enough money from selling your house to go over your resources’ “allowable value,” you will become ineligible for SSI during that month. If, however, you maintain those “over value” resources in a bank account into the next months, your eligibility for SSI benefits may come into question. If this happens, it is important to speak to a social security lawyer in order to know your next steps.
Posted on May 7th, 2009 by admin in Uncategorized
For those that serve their country, the Department of Veteran Affairs provides a wide range of disability benefits. But each veteran receives different types of benefits– and not all of these benefits are equally valuable. The Department of Veteran Affairs has 8 “priority groups” which they use to decide which types of benefits a veteran will receive; “1″ is the highest and “8″ (which as of 2003 is no longer assigned to new veterans) is the lowest. The level of priority you are given will depend entirely on your disability (and whether it is service- or non-service-connected), your situation financially, and the level or intensity of your disability.
Because the fact of a disability originating from service-related or non-service-related sources has a generous impact on your veteran disability benefits, it’s important to know the qualification requirements for both types of benefits.
Non-service-Connected Benefits Requirements
A veteran who suffers from a total and permanent disability qualifies for non-Service-connected benefits. Eligibility for non-service-connected benefits also depends on several other factors:
• Income- Being eligible for non-service-connected benefits is based on the recipient having limited earnings and a net worth too low to provide the veteran with adequate maintenance. To get more information on income eligibility requirements, please see 38 U.S.C.S. §§1521-22.
• Service - To be eligible for non-service-connected pensions, you must have 90 days of active duty and at least one day in a “period of war.” For those enrolled in the military after 1980, however, the requirement is simply a full period of active duty. Specifically, an individual who enlisted for the first time on or after September 8, 1980, is required to complete a minimum period of service, either twenty-four months of continuous active duty or the full period for which the veteran was called to active duty. In addition, the active service of the eligible veteran needs to include 90 total days during a period of war or one day of service during a period of war which ended in discharge due to a service-connected disability.
• Discharge- To qualify for VA benefits, you must have been discharged from military duty under non-dishonorable circumstances.
Service-Connected Benefits Requirements
Unlike with non-service-connected benefits, veterans who receive service-connected benefits do not need to be fully disabled, have served during wartime, or meet an income or net worth requirement. Instead, you need to be able to prove the source and current status of your disability with:
• Evidence of current disability- As service-connected disability benefits are only available to those with current disabilities, the first things applicants must do is provide a current diagnosis of their disability using up-to-date medical records.
• Evidence of the occurrence of disability or injury- The next thing applicants for service-connected benefits must provide is proof that the disability occurred during or was aggravated by military service. Veterans should keep in mind, though, that the VA uses the term “in-service” broadly, also including injuries that occurred during leave.
• Evidence of connection between past injury and current disability- This requires that applicants give evidence of a connection between the injury incurred in service and the current disability.
The Social Security Administration provides more benefits to children than to any other group. Children can receive social security benefits under the account of a guardian (that is, a parent, step parent, or foster parent), that is either disabled or eligible for Social Security due to retirement. They are also eligible if said guardian has died after paying social security taxes a long enough period to qualify their survivors for benefits.
Children can receive benefits if they are:
• Single,
• Less than 18 years old,
• Or, 18 to 19 years old and still attending elementary or secondary school full time,
• Or, over the age of 18 and disabled before the age of 22.
Q: But, will my children receive social security benefits even if they do not live with me?
If your children do not live with you, their ability to obtain benefits will depend on the specific relationship you share with them. For a child to be able to obtain benefits under your social security account, he or she must be financially dependent upon you. A child is automatically considered financially dependent on you, regardless of where he or she resides, in the following cases:
• He or she is your legitimate child
• The child is your legally adopted child
• The child is your natural, recognized, but unlegitimized child, and either a court has made a determination of support, or you regularly contribute financially to support the child.
If you have a recognized, illegitimate child who does not reside in your home, and for whom a judge has not made an official determination of support, you can give evidence of that child’s financial dependence upon you by providing:
• Paperwork showing that your child is qualifies as your dependant in other state and federal programs
• Old W2s and other tax forms showing that you claimed your child as a dependent
• Records that you made periodic payments for the child
• Additional related proofs
In the case of a stepchild, however, the child is considered financially dependent on you (and therefore eligible for benefits) only if he or she lives with you in a parent child relationship. Generally, your spouse’s legitimate natural child, legally adopted child, or illegitimate natural child will be considered a step child. This step child will remain eligible for benefits after the death of or divorce from their natural parent (your spouse), as long as the child continues to live with you in a regular parent and child relationship.
In any of the above cases, you can provide proof of your relationship to your child. If you choose, you can also provide proof that you do not live with or contribute financially to the support of your child. If you do this, you child will not be entitled to social security benefits under your account.
Do you qualify for social security benefits? Picking through the convoluted regulations can be deeply frustrating, and when you are done, you may have no better idea than before whether you qualify for benefits. These frequently asked questions will clarify which disability benefits you are eligible for, and how far your benefits will stretch.
Can I get partial disability through SSA?
No, people with partial or short term disabilities are not eligible for disability benefits through Social Security. You are eligible for social security benefits only if you are deemed completely disabled and your disability is likely to last a year or more. (Note that you may continue working while collecting disability benefits if your highest possible income is beneath a certain level.)
I am able to work, but not at the level I used to, nor can I earn the same money I used to. Am I still eligible for social security benefits?
Yes, you can file for disability benefits if you are making less than a certain amount per month, averaged over a full year. Social Security changes the maximum income level yearly. You can find the current limit in the official SSA web site or in official SSA booklets.
However, your current income is not the only number the state agency will consider when evaluating your case. If you are capable of earning a higher income by changing to another job, you will not be approved for disability benefits. The state agency will take into account your medical condition, education, skills, work experience, and age when determining whether you could move to another job, so you will not be required to do work that you are not well enough to do or that you have not been trained to do.
My doctors say there is no treatment that can help me, so why do I have to keep going to doctors?
In the beginning, the state agency that handles your social security benefits will request that you go to doctors several times in order to get a complete evaluation of your medical condition. Your regular doctors may not be able to perform necessary tests or have equipment that is necessary to evaluate you, so you may need to visit another doctor to complete the evaluation. In that case, the state agency may arrange for you to be examined by another doctor.
Once you are determined to be disabled, you will need regular examinations to determine the progress of your medical condition. Because not all disabling medical conditions are permanent, your health may improve enough for you to work even without active medical care.