Snap Back to Basics – The Impact of Marriage on Social Security Benefits

In our recent blog posts, we discussed about the impact of the Defense of Marriage Act (DOMA) repeal into the Social Security benefits. Now let us go back to basics. Today, we will talk about how marriage affects the social security disability benefits.

Technically, marriage may affect one’s social security disability benefits in various ways. Also, its impact usually depends on the type of benefits you receive such as the Supplemental Security Income (SSI) or the Social Security Disability Insurance (SSDI).

Under SSI benefits, your eligibility is basically determined on your income and financial resources. Once you get married, the Social Security Administration (SSA) will estimate a portion of your spouse’s income to your record. Thereby, the agency will consider your spouse’s income to be your income as well. The same may eventually reduce your monthly payment or even prompt the agency to terminate your benefits altogether. In fact, even though you and your partner are not yet married but are living together, the agency may still decide to estimate some of your partner’s income to your record.

Meanwhile, under SSDI, marriage has no impact on your own earning’s record, no matter how much your future spouse earns.

On a related note, several Los Angeles social security disability lawyers have previously explained that if an individual collects SSDI based on someone else’s earning record, the benefit can only be affected in the following ways:

•    If you are collecting SSDI benefits under your eligible parent’s record and you get married, your benefit will be terminated. Your only option to keep the said benefit is to marry another disabled adult child.

•    If you are currently collecting SSDI benefits under your ex-spouse’s earning record, your benefit will be terminated if you remarry. The same policy also applies to individuals who collect SSDI under the earning record of a deceased spouse who remarry before age 50 if disabled and before age 60 if not disabled.

Consequently, one good piece of advice is to always consider consulting with an SSA representative to avoid compromising your benefits. If such instances can’t be avoided, be sure to choose the right one to marry so that you will not regret losing something really important in the long run.

Know the 4 Level of Appeals in Social Security Disability Income

Filing for a social security disability income can be a slow, difficult, and often delayed process. An increase in number of applicants, added with draining government resources, has made the social security administration implement tighter standards in accepting more social security disability income applications.

In fact, an estimated 65% of applicants are being denied during the first time of application. Most often, denial happens simply because the applicant failed to provide sufficient evidence of disability.

Having social security disability lawyers is one of the major ways to increase the chances of a successful claim.

If the SSDI application has been denied, don’t give up since it usually happens during the first time of application. The administration is offering four levels of appeal to fight for an initial denial of SSDI benefits.

Don’t mind about the stress that you will be going through, but instead think of the benefits that you can achieved upon winning the claim. The good news: About 60% of initial denied claims are overturned at one of the 4 levels of appeal.

The first step in filing for SSDI appeal is the reconsideration process. Take this opportunity as an advantage to submit all the missing requirements from the previously denied application.

If you are not in favor of the reviewer’s decision, in the reconsideration phrase, you may request to have your case be heard before an administrative law judge. Take this opportunity to bring your representative to help you answer all the judge’s questions. In this level, you can also bring witnesses, such as medical experts and friends, to testify in your behalf.

Once either of your location or disability prevents you from personally attending the hearing, the agency will usually try to find a way to accommodate your problem.

If you still aren’t in favor of the outcome of the case from the administrative law judge, you may request for a review from the Social Security Appeals Council. The council will take a look at all your previous requests, but will generally not accept formal review cases that were decided correctly in its belief.

If you further disagree with the Appeals Council Decision or if the council preferred not to review the case at all, then that’s when you can finally take your appeal to the federal district court.

Knowing the exact time for filing an appeal is very important. Usually, it only takes 60 days upon receipt of the denial to file for a claim. For denied social security disability income, you can consult some experienced social security disability lawyers to know the best course of action to take.

Social Security Administration Begins Paying Social Security Disability Insurance Electronically

It was last year when the Social Security Administration (SSA) began paying Social Security Disability Insurance (SSDI) via electronic payment to new recipients since the US Treasury Department phased out paper checks.

Meanwhile, for the old recipients, they still have until before March 1, 2013 to switch to electronic payment through an account of their choice.

Effective March 1, 2013, all social security disability insurance beneficiaries will receive their benefits via electronic means. Therefore, beneficiaries should carefully plan prior to the said date.

Beneficiaries who are still currently receiving social security disability insurance via pay checks may opt to have their benefits paid to them either through direct deposit into a traditional bank, and other financial institutions they prefer.

To switch their accounts, beneficiaries must visit their bank or other financial institutions.

This concept aims to slash huge amounts off the agency’s spending over the next decade. The agency is expecting to save up to $1 million for the next decade once the government refrains from issuing paper checks.

As the Social Security Act recommend, the government must provide monthly benefits to claimants who can no longer work due to their old age or severe disability. However, getting a positive result for Social Security Disability Insurance can be a long process. Therefore, expect that switching to an electronic account may probably take some time, too, that’s why it’s best to start its processing as soon as possible.

In case a problem occurs while you are switching for the electronic payment, don’t feel hesitant, since there are people who can answer all queries and guide you with any of your concerns regarding disability benefits.