| The Social Security Administration (SSA) provides retirement, survivor's
and disability benefits for individuals and their dependents.
Retirement Benefits
When am I eligible to receive Social Security
retirement benefits?
Starting in 2000 the age for full retirement benefits increased
about one month per year from age 65. In 2022, the age for full benefits will be 67.
Click
here to see the full retirement age chart.
You may begin collecting Social Security retirement benefits at
age 62, but this will be at a reduced amount. If you decide to take early retirement
benefits, these benefits do not increase once you reach full retirement age.
How are my benefits calculated?
Retirement benefits are, in very general terms,
based on an individual’s taxable earnings averaged over the
working lifetime and the payments you and your employer paid into
the Social Security trust fund. You may request a
statement of your earnings and your estimated retirement benefits from
the Social Security Administration. Ask for "Personal
Earnings and Benefit Estimate Statement." This form can
be obtained through the Social Security
Administration’s web site. The Administration also mails
these forms annually to those over age 25 who are not receiving benefits.
To be eligible for any benefits, an individual born in 1929 or
later must earn 40 credits. Since a person can obtain a maximum of only 4
credits per year, he or she must work (employed or self-employed) and pay into the Social
Security Trust Fund for at least 10 years. This does not have to be in a consecutive
period. The minimum amount of earnings changes from year to year. The minimum
amount of earnings for 2009 to earn one credit is $1090 during a quarter year.
Can I work after I start collecting Social
Security retirement benefits?
Yes, there is no earnings limit for those at full retirement
age. For every dollar you earn through employment, you keep in benefits.
However, if you are reaching full retirement age in 2009,
you may earn only $37,680 a year or $3,140 per month in those months before you reach it without $1 in benefits
being withheld for every $3 in earning above the limit. Finally, if you are not
reaching full retirement age in 2009, you may earn $14,160 a year or
$1,180 per month, but your benefits will
be reduced $1 for each $2 you earn above the limit.
Again, there is no reduction in benefits for those at full
retirement age and older regardless of the amount of their earnings.
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Survivor’s Benefits
Do my other pension or retirement benefits
count as earnings?
Usually, any pension benefits you receive will not affect your
Social Security retirement benefits. If you worked for an employer not covered by
Social Security, such as in government civil service or as a teacher, your Social Security
benefits may be reduced.
When can a surviving spouse collect benefits?
A surviving spouse is entitled to collect benefits based on the
deceased spouse’s Social Security benefits if the surviving spouse is age 60 or
older, or disabled and between 50 and 59 years old, within 7 years of the spouse’s
death. If you collect survivors benefits before full retirement age, you may be
eligible to collect higher benefits, based on your own earnings, when you reach full
retirement age.
Are surviving children eligible for Social
Security benefits?
Surviving children are eligible for benefits until the age of 18,
or age 19 if enrolled as full time students. The income or remarriage of the
surviving spouse will not effect the children’s benefits.
Disabled adult children, who become disabled before age 22, can
receive disability benefits based on the earning record of the a deceased, retired or
disabled parent.
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Disability Insurance Benefits
When can I receive disability insurance
benefits?
If you have a disability that prevents you from working for at
least one year or is expected to result in death and you are under full retirement age,
you may be eligible for disability insurance benefits. You may apply for benefits as
soon as you are disabled. However, benefits do not begin until you have been
disabled for at least 5 months. You must also have worked long enough and recently
enough to qualify for Social Security benefits. If you are not eligible for Social
Security benefits, you may be eligible for Supplemental Security Income (SSI).
To be considered disabled by Social Security, your impairments
must interfere with your ability to work on a regular and continuing basis. If you
cannot do the work you have done in the past, Social Security will consider whether you
could perform other work, taking into account your age, education, past work experience,
and any work skills.
What do I do if my application for disability
benefits is denied?
Social Security provides an appeals process to appeal unfavorable
determinations and decisions.
How long do disability benefits continue?
Your benefits will continue as long as you are
disabled. However, your case may be reviewed to determine if you
are still disabled. If medical improvement of your condition is
possible, your case may be reviewed periodically. Benefits may
stop if you return to work and regularly earn more than $980 per month -- $1,640 per month if you are blind.
Can I try to go back to work without losing
benefits?
You may attempt to go back to work on a trial
basis - called a Trial Work Period (TWP). Your Social Security
insurance benefits continue during a nine month trial period. In
2009, if your earnings average less than $700 a month, your benefits
generally would continue indefinitely. If your earnings average
more than $700 a month, this is considered an indication of your ability to work.
When does Medicare coverage start?
You usually qualify for Medicare when you turn age 65. If
you receive disability insurance benefits, you will be eligible for Medicare after you
have been found disabled for 2 years. Those who are disabled may also be eligible
for health care under the Medicaid program with no waiting period. If you are not
disabled, but take early retirement benefits before full retirement age, you will not be
eligible for Medicare until you reach 65.
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Laws
and Regulations
Where can I find Social Security laws and
regulations?
One can use the Social Security Administration's web site to find
all pertinent federal statutes and regulations.
Appeals
If I disagree with a decision by Social
Security, can I appeal?
Most Social Security decisions can be appealed and many appeals
are successful. If your application is initially denied and then
denied at reconsideration, your next step is a hearing. The
hearing will be conducted by an administrative law judge (ALJ) who had
not taken part in the prior decisions. You
may be represented by an attorney at the hearing and have witnesses testify in support of
your claim.
If you disagree with the ALJ's decision you may request review by
Social Security Appeals Council. There is no hearing at this stage in the process.
If you disagree with the Appeals Council's decision or it denies your request for
review, you may file a lawsuit in federal district court.
In general, appeals must be taken within 60 days of the
unfavorable determination or decision.
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