The Law Offices of Cory A. DeLellis
Overview of Social Security
Together with a number of related laws, the Social Security Act has established a number of programs aimed at providing for individuals and families in need of material assistance. That includes protecting the aged or disabled when they face health-related expenses that might exhaust their savings, helping to keep families together, and giving children the opportunity to grow up healthy and secure. The Social Security Administration runs a social insurance program that pays retirement benefits, survivors’ benefits, and disability insurance benefits — commonly known as social security benefits — to those who fill out applications and meet the eligibility requirements. These benefits are usually paid monthly by check, and can be issued to various categories of people, including disabled insured workers under full retirement age, a disabled person who meets certain other criteria (SSI), and a survivor of a deceased spouse who was an insured worker.
Filing a Claim
In order to become entitled to benefits, a person must file an application which can be done online on SSA.Gov or through the local Social Security office. Each application will include specific forms that clearly indicate its scope; for example, those required to establish a period of disability under the Retirement Survivors and Disability Insurance Programs. The claimant should answer all questions on the application. If the claimant does not know the answer to a question, he or she should write in “unknown." If the claimant does not answer a question that is considered necessary to establish the claimant's right to benefits, no award can be made. If the claimant needs help in completing the application, any Social Security office can provide assistance free of charge. An application for benefits is considered to be filed as of the day a properly completed application form is received by a Social Security office and authorized by an employee there.
Survivorship Benefits
The survivorship provision of the Social Security Act covers more classes of beneficiaries than any other provision. The benefits payable are based on the earning record of a deceased wage earner who, at the time of his or her death, had sufficient quarters of coverage.
The categories of benefits payable on a survivorship account are as follows:
- Benefits.
- Widower's insurance benefits.
- Child's insurance benefits.
- Mother's insurance benefits.
- Parent's insurance benefits.
A claimant is entitled to widow or widower insurance benefits on the worker's Social Security record if, for example, 1. The claimant is age 50 or over and is at least age 50 but not age 60 and is deemed disabled. 2. The worker died fully insured. 3. The claimant is not entitled to retirement insurance benefits of her own that are equal to or larger than the worker's primary insurance amount. A child's survivorship insurance benefits end when 1. The child dies. 2. The child reaches age 18 and is neither under a disability nor a full-time student. 3. The child marries. Survivor's benefits rates are figured as a percentage of the deceased worker's primary insurance amount. (If the worker was insured under the Railroad Retirement Act, survivor's benefits may be payable under that Act, rather than the Social Security Act.) The appropriate surviving relative may instead be entitled to a lump sum payment. It should be noted that any person convicted of felonious and intentional homicide of the worker cannot become entitled to monthly benefits or the lump sum death payment payable on the deceased's Social Security earnings record. Likewise, a minor may be denied survivor's benefits on the earnings record of a parent if the minor is convicted of intentionally causing the parent's death by an act that would be considered a felony if committed by an adult.
Disability Benefits
When claimed for purposes of entitlement to disabled workers' benefits, a disability is defined as the following: the inability to engage in any substantial gainful activity by reason of medically determinable physical or mental impairment, which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. A person must not only be unable to do his or her previous work with comparable wages and utilization of capacities, but must also be unable, considering age, education and work experience, to engage in any other kind of substantial gainful work which exists in the national economy. It is important to note that the 12-month period mentioned here does not refer to the amount of time a worker needs to have been out of work. Rather, it refers to the continuous length of time the disability itself has lasted or is expected to last. When a worker applies for disability benefits, a determination must be made as to whether he or she is disabled according to this definition. In general, disability determinations — including the beginning and ending dates of period of disability — will be made by the local social security district office. If you have filed an application and have been denied, do not become discouraged, as the majority of claimants are denied initially.
Social Security Disability Appeal
The Social Security Administration wants to be sure that every decision made regarding your disability or Supplemental Security Income, SSI, application is correct. It will carefully consider all the information in your case before making any decisions that affect your eligibility or your benefit amount. When Social Security makes a decision on your claim, they will send you a letter explaining the decision. But if you do not agree with their decision, you can appeal by filing a request for reconsideration or a request for a hearing before an administrative law judge. When you ask for an appeal, Social Security will look again at the entire decision, even those parts that were in your favor. If they determine that the decision was wrong, they will change it. When and how can you appeal? If you were recently denied Social Security benefits for medical or non-medical reasons and you wish to appeal, you must submit a request that is received within 60 days of the date you received the letter containing Social Security's decision.
Representation at Hearing Level
When it comes to disability benefits, it is important to know that a disability claimant who is represented by an attorney at the hearing level is twice as likely to be approved as an unrepresented claimant. Although you are not required to hire an attorney to represent you at your disability hearing, an experienced disability attorney will greatly improve your chances of winning your claim. It is therefore wise to hire an attorney who has experience with representing claimants at Social Security disability hearings in front of an administrative law judge. Cory A. DeLellis, attorney at law, has that experience.