Can you receive Social Security benefits if your husband or wife dies?
If your husband or wife dies, you may wonder if you can receive Social Security benefits based on your spouse’s contribution to Social Security. This is especially important if your spouse made more money than you, or if your spouse was the sole earner and you did not work. Many worry that if they cannot receive Social Security based on their spouse’s earnings, they may not be able to get Social Security.
For most people, here is what you need to know to answer the question whether you can get Social Security survivors’ benefits after your spouse dies. Most survivor’s benefit claims depend on meeting one of two requirements:
You have to be 60 years old, or
You have to be at least 50 years old and be found disabled by Social Security.
There are additional requirement, such as the duration of the marriage, or the disability starting within 7 years of the spouses death. These are outlined below.
Note: Even if you do not meet either of the Survivor’s Benefits criteria above, you still may be eligible for Social Security Parent’s Benefits if you are taking care of a child. This post reviews the benefits available for widows/ers and children.
What constitutes “fleeing” in a fugitive felon cessation cases?
I previously wrote about how Social Security can stop benefits if a person is a fleeing or fugitive felon.
The courts have been wrestling with the question of whether an outstanding arrest warrant (not a conviction, just the arrest warrant) is enough to make a person a “fleeing felon.”
NSCLC Website writes about a court’s rejection of Social Security claiming a person was “fleeing” in order to stop their benefits.
Another court, this time in Tennessee, has rejected the Social Security Administration’s (SSA) position that it can suspend Supplemental Security Income (SSI) benefits by relying on the existence of an outstanding …
Can I work and still receive Social Security disability or SSI benefits?
Updated 01/04/12.
Can a person work and still receive Social Security disability benefits or Supplemental Security Income (SSI) benefits?
The answer is a qualified “yes.”
Social Security wants people to try to go back to work. But, the regulations surrounding keeping your benefits while you try to go back to work make it tricky.
Are you engaged in a Substantial Gainful Activity?
Generally speaking, the test of disability is whether you can perform a substantial gainful activity (SGA)? That is, are your monthly gross earnings (income before taxes and deduction) equal to, or greater than the Substantial Gainful Activity amounts set by Social Security.
In 2012, if you are making at least $1,010 per month, before taxes, your work is a substantial gainful activity. To see the current SGA amount, or SGA amount for other years, click here.
So, if I my gross income is the SGA amount, or more, I have a problem,
But, if my monthly gross income is less than SGA, Social Security will leave me alone.
That is generally correct and it is a good rule of thumb.
However, and this is a big however, this is not the end of the analysis. There are exceptions to allow your benefits to continue if you are earning more than SGA and exceptions that might stop your benefits even if you are earning less than SGA.
If you are receiving Supplemental Security Income, you can earn more than the SGA amount and still receive your SSI benefits. But, that is an article in itself.
Social Security Benefit Calculators
Do you want to know how much you would receive in Social Security benefits if you were disabled, retired, or if your spouse died?
Social Security has online calculators, as well as calculators you can download (Mac versions too), to help you estimate what your Social Security benefits will be.
If you have problems using these calculators, Social Security also estimates your retirement, disability, and family maximum benefits in the ”Social Security Statement” it mails to you every year before your birthday. Tip: the benefit estimates usually appears in the inner, left page.
Have you …
Overpayment choices: reconsideration or waiver
If Social Security alleges that you owe them money to repay an overpayment, you have two choices to fight it:
You can either file a “Waiver of Overpayment,” or
You can file a “Request for Reconsideration.”
Social Security may direct you towards filing the waiver, but there are some things you should know before making a decision.
What you should know before you apply for children’s SSI disability benefits
Social Security has a fact sheet answering common questions about Supplemental Security Income (SSI) benefits for disabled children:
How does Social Security decide if a child is disabled?
How can I get ready for the disability interview?
How does Social Security decide if a child can get SSI?
How will I know what Social Security has decided?
Will my personal information be kept safe?
What if I am more comfortable speaking in a language other than English?
The fact sheet also has information about:
Medicaid.
State Children’s Health Insurance Program (SCHIP).
Other Health Care Services.
Work Opportunities for Young People Who Are Getting SSI.
You can get the factsheet as a pdf here.
Social Security Administrative waiver for overpayments up to $1000
There’s good news if Social Security has told you that you were overpaid, and you need to repay, Social Security benefits! Social Security has increased the “administrative waiver” amount to $1000.
Administrative waivers of overpayments apply in cases where the cost of recovering the overpayment is greater than the amount of the overpayment itself.
Social Security benefits stop for fugitive felons
I previously wrote about how Social Security disability benefits stop during incarceration.
However, your Social Security disability benefits can also stop if you labeled a “Fugitive Felon.”
Fugitive felons is anyone who is
Fleeing to avoid prosecution for a crime which is a felony; or
Fleeing to avoid custody or confinement after conviction for a crime which is a felony; or
Individuals receiving Title XVI payments or Title II benefits who are violating a condition of probation or parole imposed under Federal or State law.
Read more at Social Security (link removed – Social Security took down the page).
Does a felony conviction prevent you from getting disability benefits / SSI?
I saw this question in the comments on Jonathan Ginsberg’s site, Social Security Disability Blog:
I would like to know if a convicted felon, who is not incarcerated, can receive Title 16 SSI disability?
This is a great wrinkle on our current discussion on the effect of incarceration on Social Security disability benefits, including SSI. I encourage anyone interested in this topic to bookmark this link and check back as I will be adding articles to the subject in the days and weeks to come.
As a Social Security lawyer in Colorado, I have worked with a number …
Can you receive Social Security while in jail / prison?
Jonathan Ginsberg of the Social Security Disability Blog writes about what happens to your Social Security benefits if you are in jail/prison.
I recently received an email question from a blog reader about the eligibility of a convicted felon for Social Security disability benefits. There is a simple answer here – you may not collect disability benefits during the time you are incarcerated. Social Security ruling 83-28 addresses this situation directly.
Via May an Incarcerated Felon Receive Social Security Disability Benefits?.
SSR 83-28 notes that Congress intended to deny prisoners Social Security disability benefits during incarceration because, “prisoners … do not …
Will my SSI benefits continue if I move to a different state?
I was recently asked if you will still receive your Supplemental Security Income (SSI) benefits if you move to a different state. I understand the fear of moving to a different state when you rely on SSI benefits to make it month to month.
Fortunately, the general answer is yes.
Social Security is a national program. Whether you are receiving Disability Insurance Benefits (DIB) or Supplemental Security Income (SSI) benefits, your benefits continue even if you move to a different state.
However, the following states provide additional benefits and supplement SSI benefits:
SSI, Settlements/Inheritance, and Special Needs Trusts
Here is a popular question:
I’m on SSI, do I have to tell Social Security about an inheritance/settlement I am getting?
The answer is simple:
YES!
There is no point beating around the bush with this one. If you are on SSI and “come into money” whether it is a gift, inheritance or settlement (or through whatever means), you need to notify Social Security.
Supplemental Security Income (SSI) is a “needs-based” program. You only get it if you do not have money coming in from other sources. So, if you suddenly get some money, your benefits may be reduced or even cut off.
Even worse for some people is the potential loss of Medicaid.
Supplemental Security Income (SSI) or Social Security Disability Insurance Benefits (DIB)?
Social Security has two different benefit programs for individuals who are disabled.
Disability Insurance Benefits (DIB, also known as SSDI, or Title 2 benefits); and
Supplemental Security Income (SSI or Title 16 benefits).
Because of its name, it is a common misconception that must apply for “Disability Insurance” if you are disabled. Actually, both programs provide disability benefits.
What is Disability Insurance Benefits (DIB)?
Generally, Disability Insurance Benefits are based on your payroll contribution to Social Security. To qualify for DIB, you have to have earned enough Social Security credits, in the right time frame, by paying into Social Security through payroll taxes.
There are several circumstances in which you may not have enough credits for Social Security Disability Insurance:
Social Security Disabled Adult Child (DAC) benefits
I enjoy reading attorney Paul Nidich’s blog Nidich on Anything. Paul’s knowledge nicely dovetails with my own. When there is an area I am uncertain about, I check to see what Paul has written.
A while ago, Paul wrote a nice article about Disabled Adult Child (DAC) benefits.
I did a search for “Disabled Adult Child” last night. On one of the web sites, the “expert” writing about the DAC benefit had the “disabled before age ___” incorrect. In speaking about special needs trusts and attending other’s presentations on special needs trusts, I find that few lawyers are aware of the DAC benefit, and, of course, fewer people in the disability community are aware of the benefit.
Disabled Adult Child is a Social Security program for adults who became disabled before the age of 22. The main benefit of this benefit program is that is allows the adult child to receive benefits based on the parent’s earnings record, which may mean more benefits than the child would otherwise be entitled to.
Overpayments: finding an attorney to help you
I have tried to give you as much information as I can about Social Security overpayment / repayment cases, because the chances of finding an attorney to work with you are not very good.
Many Social Security attorneys get paid out of the back benefits they win for the client (typically 25% up to a cap of $5,300.00 $6,000 as of June 2009). But, when you have an overpayment case, the best outcome is you will owe $0.00. 25% of $0.00 is $0.00.
In other words, there is nothing for the attorney to take a percentage of, if they win. If you want legal help on an overpayment case you will probably have to pay some money up front. This may be between $1,000 and $3,000 depending on the complexity of the case. While my office does handle Social Security overpayment cases, they make up a small part of my Social Security practice because most people cannot afford the retainer.
Also, many attorneys do not take overpayment cases because of the extra requirement of petitioning Social Security to approve fees. This takes extra time, beyond the time spent proving the case, just to try to get paid.
Is it worth hiring an attorney on an overpayment case?
Whether paying the retainer is worthwhile for you will depend on how much money you owe Social Security.
