Social Security survivors’ benefits for widow/ers and children
Survivors’ benefits are a type of Social Security benefits paid to surviving family members when someone dies. This may include benefits paid to the widow(er), parents or children.
In my experience, not a lot of attorneys take survivors’ benefits cases so it is difficult to get your questions answered:
Am I, or my children, eligible for survivors’ benefits?
When am I, or my children, eligible for survivors’ benefits?
Social Security stopped my, or my children’s, survivors’ benefits. Why?
Social Security has a Electronic Fact Sheet which provides a summary of who may be eligible to receive monthly benefits. If Social Security stops …
What if I am earning more than the Substantial Gainful Activity amount?
A number of people responded to my prior post about “substantial gainful activity” amounts. To briefly review: the general rule is that you cannot earn more than the substantial gainful activity amounts to be found disabled.
What do I do if I am earning more than the substantial gainful activity amount? Does than mean I cannot get Social Security disability benefits?!?
Not necessarily. Earnings above SGA amounts are an important factor. But, there are exceptions (including sheltered work, subsidies, unsuccessful work attempts, impairment related work expenses, and trial work periods) that may allow …
Does Social Security consider all work a Substantial Gainful Activity?
Social Security defines disability as the inability to engage in a “substantial gainful activity” (SGA).
A simplified way of putting this is to say that in order to be found disabled, you have to show that you are unable to work. BUT, this can be misleading. Not all work qualifies as a substantial gainful activity.
So, how do you know if your work is a substantial gainful activity?
The easiest test is earnings.
In 2012, if your gross earnings, that is, before taxes or any other deductions, are $1,010 or more per month as an employee, that is probably a substantial gainful activity. Keep in mind that the …
How Social Security considers your ability to work in a disability case
Under Social Security regulations, disability is the inability to engage in a “substantial gainful activity.” This means that to win a Social Security disability case, you have to show that your impairments prevent you from being able to work.
More specifically, you have to show that you are unable to perform the duties of any work you have performed over the past 15 years AND that you are unable to perform the duties of any other work that exists in substantial numbers in the national economy. Note: these are steps 4 and 5 of the …
Social Security basics: what is a “disability?”
In order to qualify for disability benefits under Social Security you have to be found disabled.
Well, thank you Captain Obvious.
Ok. But, what does it mean to be disabled? Is it enough to have a medical impairment? Is the diagnosis, itself, enough?
In short, no. Under Social Security regulations, it is not enough to have a medical condition. Your impairment(s) have to be severe enough to prevent you from being able to engage in a “Substantial Gainful Activity (SGA).” In most cases, a Substantial Gainful Activity translates to full-time, competitive, employment.
The touchstone of a …
