Frequently Asked Questions: United States Social Security System
When and why was Social Security initiated?
The Roosevelt Administration enacted the Social Security Program in 1935 to provide financial protection for disabled workers and their families as well as retirement benefits.
Which government agency is in charge of Social Security?
Social Security is managed by the Social Security Administration.
How does the Social Security Administration collect future benefits?
Every American worker pays a Social Security tax on his or her paycheck.
What types of benefits does Social Security cover?
There are several types of Social Security benefit programs available to the public:
- Normal full retirement benefits
- Disability benefits
- Survivor benefits
When am I eligible for full retirement benefits?
Normal full retirement benefits begin at age 65 and are available to anyone who has worked long enough to meet the eligibility requirements. Seniors may collect reduced payments beginning at age 62 or may delay their Social Security until age 70 if they plan on working past age 65. Workers born after 1929 must have at least 40 earned work credits, the equivalent of working 10 years, to be eligible for Social Security retirement.
What are survivor benefits?
Social Security will pay benefits to the spouse and children of a deceased worker if the deceased earned enough work credits while alive. Widows or widowers may collect full benefits at age 65 or older or reduced payments as early as age 60. If disabled, applicants may receive benefits at age 50. Widows or widowers caring for a child under the age of 16 may apply for payments at any time. Unmarried children under age 18 (or up to 19 if they are in high school) as well as grandchildren adopted by the deceased or living with the worker at the time of his or her death may also be eligible for benefits. Divorced spouses may collect if the marriage lasted 10 years and the divorce at least two years. Divorced spouses caring for the deceased worker's child (must be under 16 or disabled and is also receiving benefits) do not have to meet the 10-year marriage requirement.
I'm disabled. Can I collect Social Security benefits even though I am not 65?
Yes. Social Security disability payments are available to persons who stop working due to a physical or mental impairment that prevents them from performing "gainful" work. The disability must last at least 12 months or be expected to result in death. To be eligible, an employee must have worked at least 5 years (depending on your age) within the last forty calendar quarters (10 years) before the disability began. Disability checks are based on the average earnings for all the years an employee worked before becoming disabled. Benefits last as long as the injured is unable to work. A disabled person can get benefits until age 65 when payments are converted into retirement benefits. The amount will stay the same. Children under 18 and some disabled adults may also collect benefits if their parent receives disability.
I have heard there are guidelines which may void my application for disability payments. What are they?
Several factors may significantly delay or void a person from collecting disability:
- If their earnings average more than Social Security's annual income cut-off (currently around $800 a month)
- If the injured can perform other types of duties
- The actual severity of the condition
- If the condition is found in the Social Security list of disabling injuries
My application for disability payments was denied. Can I appeal the decision?
Yes. The first step in the appeal process is known as reconsideration. When under reconsideration, a claim is sent to a disability examiner not involved in the initial review. The case is re-evaluated and all medical evidence is updated. About 80 percent of all reconsideration cases end in denial.
Can I appeal again if my reconsideration application was denied?
Yes. A claimant has 60 days to request a hearing before an administrative law judge if the reconsideration process ends in denial. Although it may take up to 10 months before a case is heard, a hearing presents the best chance for victory during the appeals process and is also the most important time to have an attorney present. During a hearing, further evidence is often presented and new testimony is offered. If hired, a lawyer may cross-examine witnesses and raise objections. After 1 to 3 months, the judge will mail the claimant his decision. Over half of all hearings are successful.
My hearing ended in denial. Am I out of options?
No. If the claimant disagrees with the outcome of the hearing, he or she may ask for a review by the Social Security Appeals Council. The Appeals Council will only review the administrative law judge's decision to ensure the judgment was correct. The Appeals Council, which can take up to three years to hear a case, may uphold the judge's decision, reverse it or send the case back to the judge for further review. Around 80 percent of Appeals Council decisions are denials.
If denied by the Appeals Council, the last resort for a claimant is to file a lawsuit in federal district court requesting a review of Social Security's decision. At least once a year, a disability case reaches the Supreme Court. An attorney is not required for these proceedings but is highly recommended.
What direction is Social Security headed?
Unfortunately, by 2018 the Social Security Administration is expected to begin paying more in benefits than it will collect in taxes. Without change, the Social Security Trust Fund will be exhausted by 2042.
Should I contact an attorney if I feel I was wrongly denied Social Security benefits?
Perhaps. It may be important for you to contact an attorney who can help you protect your legal rights. Only a licensed attorney can evaluate whether you have a case that is worth pursuing. Keep in mind however that there may be time limits (Statute of Limitations) which affect your ability to sue.
How much does an attorney evaluation cost in these types of cases?
Nothing! Attorneys associated with InjuryBoard.com will evaluate your case free of charge. If a participating attorney agrees to handle your case, you will owe no legal fees unless that attorney recovers money for you.
How do I submit my case for a free evaluation?
Simply click on the free Ask an Attorney button and complete the online intake form. An attorney will evaluate your case and respond.
-- Article Courtesy of InjuryBoard.com
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