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SOCIAL
SECURITY WHAT
EVERYONE SHOULD KNOW The
technical name for Social Security is Old Age, Survivors and Disability
Insurance. It is the federal government's program for providing income, in the
form of monthly checks, when a worker's earnings stop or are reduced due to
retirement, disability or death. It is a required retirement program for
everyone who works and payments are deducted from each paycheck a worker
receives. A worker's spouse, including common-law spouses,
and dependent children, including illegitimate, adopted and stepchildren, may
also be eligible for benefits. Unmarried grandchildren who are under the age of
18 or who are full-time students may be eligible for benefits if they can be
shown to be dependent on the income of a grandparent. RETIREMENT
BENEFITS Those
born before 1938 will be eligible for full Social Security benefits at age 65
years. Beginning in 2003, the age at which full benefits are payable will
increase in gradual steps from age 65 to 67 years of age. You can begin to
receive benefits as early as 62 years of age. However, your benefits will be
reduced by five-ninths of 1 percent for each month in which you request to
receive benefits before your "full" retirement age. AM
I ELIGIBLE FOR BENEFITS? Whether
or not you qualify for Social Security benefits and the amount depends upon your
date of birth, the type of benefit for which you are applying and, most
importantly, your past earnings. To obtain a detailed personal estimate of your
Social Security benefits, contact your Social Security office. WHAT
IF I DO NOT QUALIFY? If
you have not worked long enough to be eligible for Social Security benefits, you
may qualify for Supplemental Security Income, or SSI. To be eligible for SSI you
must 1) have an income level at or beneath that identified for eligibility; 2)
be living in the U.S. legally and be a U.S. citizen; and 3) be 65 years of age
or older or blind or disabled. Children may also be eligible for SSI if their
income and assets are below the limit required and they are disabled. SSI
also has a program to assist individuals in returning to work. Contact your
local Social Security office for information on SSI. DISABILITY
BENEFITS When
a worker becomes severely disabled, monthly benefits can be provided for the
length of the disability. To receive social security disability benefits, you
must have a physical or mental impairment which is expected to keep you from
being able to perform any substantial employment for one year or you must have a
physical condition which is expected to result in your death within one year.
Disability benefits can commence at the sixth full month of disability and the
spouse and dependent children may also be eligible for benefits. Social
Security disability rules are different than those of other private plans or
government agencies. If you qualify for disability benefits from some other
plan, this does not automatically mean that you qualify for Social Security
disability. SURVIVORS
BENEFITS When
a worker dies, benefits can go to certain family members as monthly payments if
sufficient credits were earned while working. If
sufficient credits were earned, a special one-time payment of $255 is payable
after death. This benefit is payable only to a widow(er) or minor children. MEDICARE Medicare
is a hospital medical insurance program under Social Security Those eligible are
people 65 and older and disabled people under 65 who have been entitled to
disability benefits for at least 24 months. Medicare is also available to those
insured workers and their dependents who require dialysis treatment or kidney
transplant due to permanent kidney failure. In
some cases, a monthly premium must be paid for Medicare benefits. If you are 65
or older or under 65 and severely disabled and you do not have Medicare
coverage, you should contact your Social Security office for information. DIVORCE
When
a worker receives Social Security benefits, his/her divorced spouse, aged 62 or
older, may be entitled to benefits if 1) the marriage lasted at least 10 years;
2) the spouse is unmarried; or 3) the spouse is not eligible for an equal or
higher benefit on his/her own or someone else's Social Security record. If a
deceased worker was divorced, the surviving spouse can get benefits at age 62
years, or at age 50 years if disabled, if 1) the marriage lasted at least 10
years; 2) the spouse is unmarried; or 3) the spouse is not eligible for an equal
or higher benefit on his/her own Social Security record or someone else's. HOW
DO I GET BENEFITS? You
will not receive benefits automatically If you believe that you are eligible,
file an application by mail or in person at your nearest Social Security office.
Some claims have time limitations so you should act quickly You should contact
the office when: ·
Someone in
your family dies. ·
You are
unable to work because of injury or illness expected to last a year or more.
-You are 62 or older and plan to retire. ·
You are
within three months of age 65, even if you don't plan to retire. WHAT
IF I AM TURNED DOWN? If
you filed a claim and believe that the decision was not correct, you may have
the decision reconsidered. If you are turned down again, you may request a
hearing before an administrative law judge of the Bureau of Hearings and
Appeals. At
this point, you should contact an attorney.
At a hearing before an administrative law judge, it may be necessary to
present complicated medical evidence. It is also important that the first
hearing be properly handled in the event that a later appeal to a federal court
is necessary. An attorney familiar with Social Security law will be able to
assist you in making sure your case is presented and handled to your best
benefit. If
the administrative law judge's decision is unsatisfactory, you may request a
review by the Appeals Council. If you are still not satisfied, you may take your
case to federal court. The
Social Security office can explain how you should appeal and will assist you in
having your claim reconsidered or in requesting a hearing. There is no charge
for any of the appeals before the Social Security Administration. However, if
you choose to have an attorney represent you, the attorney will charge a fee,
which is limited and subject to approval by the Social Security Administration. HOW
CAN I FIND THE NEAREST SOCIAL SECURITY OFFICE? Information
concerning Social Security is available 24 hours a day toll free by calling
800-325-0778 between 7 a.m. and 7 p.m. on business days. – INTERNET:
http://www.ssaigssi.gov Ó 2000 James
W. Pearson, Jr., All Rights Reserved FOR ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE 1-800-232-1477 E-mail: lawyer@lawwalk.com JAMES
W. PEARSON, JR. Chair of the Federal & State Credit Union Department & Coordinator of legal consultations under the Family Legal Care Plans offered to credit union members. |
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