Filing a Social Security Disability Claim
09/21/08
Q: Should I apply for social security disability benefits under my social security account or my deceased spouse's?
A: Of course, for most people applying for social security disability, your objective is to receive the highest payments you can. In some cases, you will receive the most generous payment by applying under a deceased spouse's SS account. Other times, the largest payment will come from your own account. In either case, you will need to determine the highest payment, as you cannot apply under both.
When deciding if you want to apply under a spouse's account or your own, calculating the highest social security disability payment is an obvious first step. The wisest thing is to consult the Social Security Administration to figure out under which account your payments would be higher. Depending on your age, level of ability or disability, and your years of work, it is possible to receive higher payments on your own, or via a deceased spouse's account. If you do apply for survivor's benefits, you will generally receive full benefits if you are at full retirement age or older at the date of application (or over 50 and disabled). If you are not disabled, you can get anywhere from 71 to 99 percent of your spouse's benefits before you reach retirement, as long as you are 60 years old or older.
Q: I am receiving social security disability but I want to apply for SS retirement.
A: In most cases, a person currently receiving social security disability benefits will automatically receive retirement benefits when they reach full retirement age. Most people who get social security disability have to do little or nothing to bring about the transfer. Consult the Social Security Administration or talk to a lawyer for information about transferring from social security disability to retirement.
Q: I heard the everyone has their social security disability application denied by the SSA the first time they apply. Is that true?
A: While you may hear plenty of horror stories about constant rejection from the social security disability program, the truth is that not all first claims are denied. In truth, the SSA has no rule in place that directs them to deny all first claims. One the other hand, it is also true that first claims are denied quite often, and that the highest success rate with social security disability claims is in appeals, not on first application.
Nationwide, 70% or so of social security disability claimants are denied on their first application. The biggest problem with this is that many who see their claims rejected do not know what to do improve their chances of being approved on the next application. In order to reduce your chances of being denied more than once, it is important to have a through understanding of the social security disability appeals process. Speak to a social security disability professional or the SSA for details.
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