Our daughter has rheumatoid arthritis and
is getting to the point of being disabled. She is 40 years old my
question is: Can she draw disability under our social security?
No. An adult child can
receive benefits from his or her parent's Social Security only if the
parent is retired or disabled and the adult child became disabled before
the age of 21.
If I don't file a income tax return, will ssa
find out that I worked ,since my employer withheld state, federal, and
Yes, SSA will find out because your employer
reported your earnings to the IRS. Those earnings will appear on your
SSA earnings statement. Furthermore, SSA will take legal action to
recover any overpayments that they made to you. Furthermore, the IRS
will come after you if you don't file a return. You had better report
your earnings to SSA as soon as possible, because the longer this goes
on, the larger the sum of money SSA will want you to repay.
Would SSA take into
consideration different tragedies that have occurred to people? Like,
deaths of a fiancť, then cat, then son within 5 year period? These seem
like they would most definitely have an impact on a persons ability to
function like they used or more normally. As these can take a dangerous
toll on the surviving personís health also. Some people do & some just
donít recover after a death of a loved one.
No, SSA does not take personal tragedies into
consideration when deciding whether or not somebody is disabled.
However, if a person is having trouble adapting to personal tragedies
because the person has a mental condition, he or she might qualify for
Social Security disability benefits due to the mental condition.
See the article
Depression and Your Claim For Social Security Disability Benefits to
read about how SSA evaluates claims due to depression.
If a woman is receiving
social security income, and she gets married, will she lose her social
If a woman is receiving Social Security Disability
Insurance (SSDI) and gets married, her benefits will not change.
If a woman is receiving Supplemental Security Income (SSI) and gets
married, her husband's income and resources will count as her income and
resources for the purpose of determining her eligibility for SSI; this
may result in her benefits being reduced or terminated due to excess
income and resources.
If my husband is eligible for Social
Security disability benefits, will my daughter be, too?
When you qualify for
Social Security disability benefits, your biological child, adopted
child, stepchild, and dependent grandchild can also receive benefits. To
receive benefits, the child must be unmarried and under age 18.
Children who are age 18 are full-time students also qualify; benefits
continue until the child graduates or until 2 months after the child
turns 19 whichever comes first. Children over the age of 18 can receive
benefits if the child has a disability that started before the age of
22. Within your family, each qualified child may receive a monthly
payment up to one-half of your full disability amount, but there is a
limit to the amount that can be paid to the family as a whole. This
total depends on the amount of your benefit and the number of family
members who also qualify on your record. The total varies, but it is
approximately 150 to 180 percent of your disability benefit.
My husband as a
child was shot in the right eye by a bb gun bullet. He is now 42 years
old and is legally blind in the right eye due from the prior injury.
Would he qualify for any type of partial/permanent Social Security
Social Security Disability Insurance and
Supplemental Security Income do not offer payments for partial
disabilities. To qualify for disability benefits, a person must
have a condition that prevents him or her from doing all types of work for at
least 12 months in a row or be expected to end in death.
When Social Security evaluates claims due to vision loss, they look at
the best corrected vision in the better eye. Best corrected means
using the appropriate corrective lens. SSA only looks at the
person's better eye. Even if a person is blind in one eye, he or
she is not disabled if he or she has adequate vision in his or her other
Does the decision for Social
Security disability benefits come from your local
Disability Office or is that determined by Social Security? Is it
possible for one to qualify for SSI only and not be approved for Disability
Please, see the
Who Makes the Decisionon Your Disability Case? for the answer to
your first question. The medical requirements for Social Security
Disability Insurance and Supplemental Security Income disability
benefits are the same. However, you might get one kind of benefits and
be denied the other due to nonmedical reasons. For example, you might
qualify for Supplemental Security Income disability benefits but be
denied Social Security Disability Insurance because you have not paid
into Social Security enough to earn enough quarters of coverage. Or,
you might get Social Security Disability Insurance but be denied
Supplemental Security Income disability benefits because of excess
income and resources. Sometimes, Social Security Disability Insurance
looks at a different time period than Supplemental Security Income. If
you quit paying into Social Security, then at some point your coverage
will run out. Think of it like your car insurance. If you decide today
that you are never going to pay for your car insurance again, at some
point in the future your insurance will run out. The date a personís
coverage runs out is called the date last insured (DLI). If a personís
DLI is sometime in the past, SSA will just look at the medical evidence
to see if the person was disabled prior to the DLI; it doesnít matter
whether the person is currently disabled. Supplemental Security Income
always looks at whether the person is currently disabled. Therefore, it
is possible that a person could be denied Social Security Disability
Insurance on the grounds that he or she was not disabled prior to his or
her DLI but be found to be currently disabled for the purpose of
Supplemental Security Income.
Assuming you are allowed Social Security disability benefits, and you have been disabled for 18
months, will you receive back payment? From the time you are disabled,
do you get pay from that date?
For Social Security Disability Insurance, you can get
back pay for up to 12 months prior to the date you filed for disability
benefits depending on how long you have been disabled. For Supplemental
Security Income disability benefits, you can get benefits back to the
first day of the month you filed for disability benefits depending on
when you became disabled.
Will my Social Security disability benefits change if I marry another person with
Social Security disability benefits?
If you both are receiving Social Security Disability
Insurance, your benefits will not change due to your marriage. The
amount of your Social Security Disability Insurance benefits are
determined by how much you have paid into Social Security. If one of
you is receiving Social Security Disability Insurance and one of you is
receiving Supplemental Security Income disability benefits, then the
benefits of the person receiving Supplemental Security Income may change
due to a change in income and resources. If you are both receiving
Supplemental Security Income disability benefits, then both of your
benefits will change. A single person receiving Supplemental Security
Income receives $564 per month (plus any amount that personís state adds
to that amount, if any). A married couple in which both people are
receiving disability benefits receives $846 (plus whatever that personís
state adds to that amount, if any). Of course, the $846 that a married
couple receives is less than what 2 single people receive.
I have been receiving social security
benefits for some months now and as it is tax season, I was wondering if
I'll receive a 1099 for tax purposes.
Yes, should have received a 1099. The Social Security Benefit
Statements (SSA-1099) were all mailed by January 31, 2003. If you
have not received yours, go to
http://www.ssa.gov/1099/ or call 1-800-772-1213 to request another
one. To determine if your benefits are taxable, contact the IRS
and request Publication 915, Social
Security Benefits and Equivalent Railroad Retirement Benefits by
going to http://www.irs.gov or calling
I am a 53 yr old bipolar
housewife under regular care of the state mental health office. Someone
told me I could probably get on SSI.
If I am married and living with my husband, will his income be
considered as if it were my income?
He has tried to find some sort of reasonable medical insurance that
would cover me over the years, but several companies have turned him
down just because I took lithium and was bipolar. The income would
help us, but the Medicaid covering me would help so much.
Yes, your husband's income and any other financial resources that the
two of you have will be considered when SSA decides if you are eligible
2001, I was breaking up a fight between two boys at a psych Hospital
where I worked. I fell with one of the boys on my left side. After a
few months of physical therapy, an x-ray was done and it was found that
I had DJD in my left hip. Workmen's comp fought me on this and I ended
up getting a lawyer. I won my case, or at least half of it. My
attorney is trying to get a permanent disability from workman's comp and
they are fighting about that. My husbands insurance agreed to do my
surgery because I could no longer wait for worker's comp to do it. I no
longer work for the hospital where I got hurt and have applied for
another job working with trouble kids. The school is having a hard time
with the fact that I had a hip replaced and I have to see one of their
doctors. My question is, if no one will hire me because I had a hip
replaced, could I get disability? I've been on several interviews and
when I say I had a hip replaced, I never hear from them again. I have
no problems with the new hip, but do know that there are some things I
can't do. I also think that I'm having trouble in the right hip now and
may have to have it replaced. I know I can't prove that I'm not being
hired for a job because of my hip, but the jobs I'm applying for, I've
done for 13 years.
In order to qualify for Social Security disability benefits, a person not only has to be
unable to do his or her past work, he or she must be unable to do any
type of work. SSA does not consider how your condition may affect the
willingness of employers to hire you.
I applied for my Social Security disability benefits in March 2000 was denied twice. I hired an
attorney and 18 months later I had a hearing. The judge told me that day
that she was going to approve me, but I would of course have to wait for
the letter. It has been 3 months since my hearing and I haven't
heard any thing. I called my attorney, and as usual they didn't
know anything. At that time I informed them that I was going to
call the admin hearing office. I called and they told me that it
was in the final stages and I should be hearing something in a month.
Is this normal?
This is very typical, unfortunately. The offices of the
administrative law judges are always far behind on their work. There
isnít anything you can do about it. Youíll just have to wait.
How do I
calculate how much disability compensation that I will receive? My case
has finally been approved but I have no idea what to expect money wise,
I have not seen any paperwork yet. I am getting $650 a month from work
comp permanent disability payments and $400 for child support. Does any
of this income matter?
The amount that you will receive in SSDI benefits is based on how much
you have paid into Social Security (just like Social Security retirement
benefits). Your Social Security disability benefit will be reduced so
that the combined amount of the Social Security benefit you and your
family receive plus your workers' compensation payment does not exceed
80 percent of your average current earnings. Your child support will
not affect the size of your SSDI benefit. Call SSA to find out how big
your SSDI payment will be. To be eligible for SSI, you must have below
a certain level of income and resources. In 2003, the SSI payment is
$552 a month for an eligible individual and $829 a month for an eligible
couple. Many states add money to the basic SSI benefit. People who get
SSI usually get food stamps and Medicaid, too.
claim for Social Security disability benefits was
allowed. I applied due to a physical condition, but SSA allowed my case
due to a mental condition. This is so unfair. Should I appeal the
you cannot appeal. If SSA denies a case, the claimant can, of course,
appeal the decision. If SSA allows a case but SSA gives the claimant an
established onset date later than the date the person quit engaging in
substantial gainful activity, then the person can appeal the onset date;
a person might want to appeal the established onset date in order to
receive back benefits for a longer period of time. However, if a person
applies for disability benefits due to one condition but SSA allows the
case due to some other reason, the person cannot appeal the reason SSA
allowed the case. It is not uncommon for cases to be allowed for a
reason other the main reason the person was applying. Also, it may
be that a combination of both your physical and mental impairments
resulted in the allowance. The reason SSA allowed your case does
not affect the size of your monthly benefit. Let me suggest
that you just be glad that your case was approved.
If I became disabled in January
2003 and was approved for ssi benefits in may should I receive back pay
immediately upon approval?
Once a person receives notice that
he or she is medically approved, then back pay usually is received
within a couple of months. For SSI, a person can receive back pay
as far back as the first day of the month that he or she filed for
disability benefits. For SSDI, a person can receive back pay up to
12 months prior to the date he or she filed for disability benefits.
Can I receive
Social Security disability benefits if
I am unable to do my regular job but receive training for a new job at
the same time? I can no longer work as a secretary at my current place
of business. The environment contains mold, dust, construction
materials, vehicular odor, etc., which caused my allergies to develop,
and subsequently for me to develop severe asthma and depression. I and
my doctors have since determined that it is not only the physical
environment but also the function of the work that has made me ill. The
repetitive sedentary work I do also is directly linked to the above
problems. I would like to return to school to develop skills for
another industry, job, and life. Is this possible to do and still
remain on disability?
People can receive disability benefits while attending school or job
training. If you havenít done so already, let me suggest you contact
your stateís vocational rehabilitation agency to see if you qualify for
financial assistance with your schooling.
I'm 58 years old male. About 4
weeks ago I had open-heart surgery- 5 bypasses. I have worked at the
same company 32 years as of Jan. 2004. My cardiac surgeon doesnít have
a clue what I do. I am in management and have a B.S. degree from a major
university. I feel that I have earned my disability pay. There comes
a time when a person knows "its over" and in my view I have come to that
point. My health problems have not been confined to my heart. I am
subject to major depression. It was not until 1994 that divorce and my
"discovery" of Prozac "cures" my depression. How do I convey my mundane
life to a busy cardiac surgeon who know me as a number and checks the
box "disabled" and sets me free?
For the purpose of SSDI and
SSI disability benefits, it doesnít matter whether or not your cardiac
surgeon thinks you are disabled. SSA will not ask your cardiac surgeon
whether or not he thinks you are disabled. SSA will request a copy of
your medical records from all doctors who have treated you. SSA has its
own laws and regulations that it will use to evaluate your medical
records in order to decide whether you are disabled. Please, see the
Who Makes the Decisionon Your Disability Case?
(For your private disability insurance, you may need your own
doctor to state that you are disabled depending on the specifics of your
policy.) Also, please see the article
Depression and Your Social Security or Supplemental Security Income
Disability Claim. I also hope that you will read the question just
below this one because it is relevant to your situation.
Does benefit amounts change if you move from one state to another
once you are all ready receiving on going SSI payments?
Your SSI benefits do not change from one state to another.
However, many states add some additional money to the checks of SSI
recipients. This amount is included in your monthly SSI benefit.
This amount varies from state to state. Therefore, if you move
to a different state, the size of your total monthly benefit may be
My husband is 53 years old
and up until April of this year he was able to work. That has now
changed. We applied for Social Security benefits in April of this year. He has COPD,
diabetes, high blood pressure, arthritis, and he had to have a
mechanical valve put in his heart. We have no medical insurance, as he
had just returned to work, after being laid off after 9-ll. He is on
very expensive medication including Coumadin, which he will be on the
rest of his life. He has done only one type of work his whole life. He
worked in the oilfield. On September 3 of this year he went to see the
social security doctor and he gave him 100 percent disability. My
question is, can they still deny him after their doctor gave him the
disability? We are still waiting to hear.
Yes, SSA can deny his claim.
The doctor who
examined your husband does not make the decision as to whether or not
your husband is disabled. He or she simply provides SSA with
information that it needs to make its decision. SSA will make its
decision based on its own laws and regulations. You will not know the
decision until SSA notifies you of the decision. Please, see my article
Examinations Scheduled for You by SSA for Your Disability Claim
My husband has
multiple myeloma and is 46 yrs. old. Assume that he applies now and is
denied and we don't appeal. If he gets very sick again and applies lets
say one or two years later, will the SSA look at all of his medical
records or only the med records since the date of the second application
(the date he was unable to work for the second time)? Is the answer any
different if you do appeal? What if money is received during the time
he is disabled, but it was earned before he was disabled?
If you havenít done so already, I hope you will read
Multiple Myeloma and Social Security and SSI Disability Benefits.
SSA generally tries to obtain medical records for one year prior to the
date of filing (i.e., the application date). If the person has filed
for disability benefits in the past, SSA generally attaches that file to
the current one so that the previous material is considered. When a
person files for disability benefits, he or she can submit copies of any
medical records that he or she wants SSA to consider. All material that
a person submits becomes a permanent part of his or her file and is
considered when SSA makes its decision. However, the more recent
records will carry more weight when SSA is trying to decide if the
person is currently disabled. The important thing here is that a person
can receive back benefits for up to 12 months prior to the date of
filing the current application (if he is disabled and unable to work for
that time). For example, say that he applied for disability benefits on
September 1, 2003 and is denied on October 1, 2003. If he appeals the
current decision, the filing date of September 1, 2003 continues to be
in effect for the duration of all the appeals. However, if he does not
appeal and then files a new application, the new case will have a new
filing date; on the new application, he could only receive back benefits
up to 12 month prior to the new filing date. Furthermore, SSA will not
generally pay back benefits into a period it previously determined the
person was not disabled. Therefore, if he is found to be not disabled
on October 1, 2003, and then files a new application on December 1,
2003, the longest he could receive back benefits would be back to
October 2 because it was already determined that he was not disabled
through October 1; on the other hand, if he had appealed the decision on
the application he filed September 1, 2003, he could get back benefits
for 12 months prior to that filing date. Money earned before he was
disabled but received while he was disabled will not affect an
application for SSDI benefits. It will make a difference for the
purpose of SSI benefits, however, which looks at all of the personís
income and resources.
To see more questions about general issues regarding Social Security and
Supplemental Security Income disability benefits, click here.