The Social Security and Supplemental Security Income disability programs

The Social Security and Supplemental Security Income disability programs are the largest of several Federal programs that provide assistance to people with disabilities. While these two programs are different in many ways, both are administered by the Social Security Administration and only individuals who have a disability and meet medical criteria may qualify for benefits under either program. Social Security Disability Insurance pays benefits to you and certain members of your family if you are "insured," meaning that you worked long enough and paid Social Security taxes. Supplemental Security Income pays benefits based on financial need. When you apply for either program, we will collect medical and other information from you and make a decision about whether or not you meet Social Security's definition of disability. Periodically, we will need updated information about your condition.  What We Mean By Disability The definition of disability under Social Security is different than other programs. Social Security pays only for total disability.  No benefits are payable for partial disability or for short-term disability. We consider you disabled under Social Security rules if all of the following are true: ·        You cannot do work that you did before because of your medical condition. ·        You cannot adjust to other work because of your medical condition. ·        Your disability has lasted or is expected to last for at least one year or to result in death. This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers' compensation, insurance, savings, and investments. How We Decide If You Are Disabled

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Benefits for Same-Sex Couples Survivors Benefits for Same-Sex Partners and Spouses Marital status is important in determining entitlement to retirement, survivors, Medicare, and disability benefits. Social Security pays survivors benefits to the surviving spouse and some dependents of a deceased worker. A surviving spouse could be entitled to benefits or a higher benefit amount based on a marital relationship. Survivors benefits are monthly payments paid to dependents of a worker. To learn more about survivors benefits for other dependents (e.g., unmarried children, disabled adult children, dependent parents), please visit Benefits for Children. A surviving partner’s eligibility for survivors benefits is typically based on how long the worker was employed, the surviving partner’s current marital status, and how long the worker and partner were married. With some exceptions, qualifying survivors typically must have been married to the deceased worker for at least 9 months and have not remarried before the age of 60 (50 if disabled). However, because of unconstitutional state laws, many same-sex couples could not marry and thus were not eligible for survivors benefits. Under an agreement for Ely v. Saul and Thornton v. Commissioner of Social Security, more same- sex partners may qualify for survivors benefits. You can file a new claim or if you were previously denied survivors benefits because you did not meet the marriage requirement due to unconstitutional state laws, you can ask us to reopen, or take another look at, your claim. This is the case even if you did not file an appeal at that time. If you were previously denied benefits and we find that you qualify for benefits under the Ely or Thornton decision, you may be due retroactive benefits.  Ely v. Saul We will consider whether a same-sex couple was prevented from being married for at least nine months by unconstitutional laws barring same-sex marriage. Thornton v. Commissioner of Social Security We will consider whether a same-sex couple was prevented from marrying by unconstitutional laws barring same-sex marriage.   Who does this affect? These decisions apply to people who have not applied for benefits and to people who have already applied. These decisions also apply to those who were previously denied survivors benefits because they were not married for at least nine months or did not meet the marriage requirement because of unconstitutional laws. How will Social Security determine if a surviving spouse and the deceased spouse were prevented from being married for at least nine months by unconstitutional laws barring same-sex marriage? We will consider all available evidence of the circumstances that resulted in the couple being married for less than nine months when the spouse died. Here are some questions we may ask of a surviving spouse in making the determination: •    Did the law of the state where the ceremonial marriage occurred prohibit same-sex marriages until less than nine months before your deceased spouse’s death? •    If you had a ceremonial marriage in a state other than your state of domicile, did the state of domicile allow for same-sex marriage before the state where the ceremonial marriage occurred? •    Would you have been married to your deceased spouse for at least nine months if a state law did not prohibit same-sex marriage? •   If you could have met the nine-month duration requirement based on the date same-sex marriages were permitted in the state where you married, what were your reasons for not marrying earlier? •   Was there a waiting period for marriage licenses when you and the deceased applied for a marriage license? •   Did you live together? If yes, how long did you live together? •   Did you own property together? •   Did you inherit from the deceased based on a will? • Did the deceased spouse name you as a beneficiary for life insurance or retirement benefits? •   Was there any commitment ceremony or other attempt to have the relationship formally recognized prior to the legalization of same-sex marriage? •   Did you have children together or did you raise any children together from prior relationships? •   Is there any other available evidence regarding when you would have married had state law permitted you to marry earlier? How will Social Security determine if a surviving partner of a same-sex relationship was prevented from being married by unconstitutional laws barring same-sex marriage? We will consider all available evidence of the circumstances that resulted in the couple not being married when their partner died. Here are some questions we may ask of a surviving partner in making the determination: •   Would you have married if you were not prohibited from doing so? •   What date would you have married if you were not prohibited from doing so? •   How long were you together as a couple? •   Did you live together? If yes, how long did you live together? •    Did you own property together? •    Did you inherit from your partner based on a will? •    Did your partner name you as a beneficiary for life insurance or retirement benefits? •    Was there any commitment ceremony or other attempt to have your relationship formally recognized? •    Did you have children together or did you raise any children together from prior  relationships? •    Did you share joint responsibility to care for one another? •    Did you choose not to marry prior to the death of your partner for reasons other than a state law prohibition on same-sex marriages? •    Would you have been otherwise eligible to marry if the law had not barred same-sex couples from marriage? How can I apply for survivors benefits? The application to file for survivors benefits is not available online. If you think you may be entitled to survivors benefits, we encourage you to contact us right away. 310-445-3322 or visit our website at www.cdaoffices.com for a free consultation. Social Security Administration Publication No. 17-019 May 2022 Survivors Benefits for Same-Sex Partners and Spouses Produced and published at U.S. taxpayer expense

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What you will need when you apply for child’s benefits

Benefits for Children

Benefits for Children Each month during 2021, we paid an average of $2.8 billion in benefits to 4 million children whose parents (one or both) were retired, deceased, or were disabled. These benefits provide necessities for eligible family members and help make it possible for those children to complete school. When a parent develops a disability or dies, Social Security benefits help stabilize the family’s financial future. NOTE: Children with disabilities whose parents have little income or resources may be eligible for Supplemental Security Income benefits. Who can get child’s benefits? To get benefits, a child must have either: •   A parent who is retired or has a disability and is entitled to Social Security benefits. •   A parent who died after having worked long enough in a job where they paid Social Security taxes. Your unmarried child can get benefits if they are: •   Younger than age 18. •   Between ages 18 and 19 and a full-time student at an elementary or secondary school (grade 12 or below). •   Age 18 or older with a disability that began before age 22. Under certain circumstances, we can also pay benefits to a stepchild, grandchild, step- grandchild, or adopted child. What you will need when you apply for child’s benefits When you apply for benefits for your child, you’ll need the child’s birth certificate or other proof of birth or adoption. You’ll also need the parent’s and child’s Social Security numbers. Depending on the type of benefit involved, other documents may be required. For example, if you’re applying for survivors benefits for the child, you’ll need to provide proof of the parent’s death. If you’re applying for benefits for a child with a disability, you’ll need to provide medical evidence to prove the child’s disability. The Social Security representative helping with your application will tell you what other documents you may need.   Benefits can continue at age 18 Benefits stop when your child reaches age 18 unless that child is a student or has a disability. If your child is a student Three months before your child’s 18th birthday, we’ll send a notice to you letting you know that benefits will end when your child turns 18. Benefits don’t end if your child is a full-time student at an elementary or secondary school (grade 12 or below). If your child is younger than age 19 and still attending an elementary or secondary school, it is important to follow the instructions in the notice so benefits continue. They must complete a statement of attendance certified by a school official. The benefits will usually continue until your child graduates or until two months after they reach age 19, whichever comes first. If your child has a disability Childhood disability benefits are payable beyond age 18 if the disability began before age 22. If you take care of a child If you are receiving benefits because you have a child in your care, the date your benefits stop may be different than your child’s. If the child does not have a disability, your benefits will stop when they turn 16. If the child has a qualifying disability, your benefits can continue if you exercise parental control and responsibility for your child. Your benefits can also continue if you perform personal services for a child who has a physical disability. Before the child reaches age 16, we will send you a notice describing the conditions under which your benefits can continue.   How much can a family get? Within a family, a child can receive up to half of the parent’s full retirement or disability benefits. If a child receives survivors benefits, they can get up to 75% of the deceased parent’s basic Social Security benefit. There is a limit, however, to the amount of money we can pay to a family. The maximum family payment is determined as part of every Social Security benefit computation. It can be from 150% to 180% of the parent’s full benefit amount. If the total amount payable to all family members exceeds this limit, we reduce each person’s benefit proportionately until the total equals the maximum allowable amount. We do not reduce the parent’s benefit amount because it’s not part of the maximum allowable amount. If you need to speak with someone, call us  310-445-3322 or visit our website at www.cdaoffices.com for a free consultation. Social Security Administration Publication No. 05-10085 June 2022 (Recycle prior editions) Benefits for Children Produced and published at U.S. taxpayer expense

Maggie Jalilvand/ California Disability Advocates | 11500 W Olympic Blvd #400, Los Angeles, CA 90064 Unsubscribe kingsrook14.publish@blogger.com Update Profile | Constant Contact Data Notice Sent by maggiejalilvand@yahoo.com in collaboration with Try email marketing for free today!

The Social Security and Supplemental Security Income disability programs

The Social Security and Supplemental Security Income disability programs are the largest of several Federal programs that provide assistance to people with disabilities. While these two programs are different in many ways, both are administered by the Social Security Administration and only individuals who have a disability and meet medical criteria may qualify for benefits under either program. Social Security Disability Insurance pays benefits to you and certain members of your family if you are "insured," meaning that you worked long enough and paid Social Security taxes. Supplemental Security Income pays benefits based on financial need. When you apply for either program, we will collect medical and other information from you and make a decision about whether or not you meet Social Security's definition of disability. Periodically, we will need updated information about your condition.  What We Mean By Disability The definition of disability under Social Security is different than other programs. Social Security pays only for total disability.  No benefits are payable for partial disability or for short-term disability. We consider you disabled under Social Security rules if all of the following are true: ·        You cannot do work that you did before because of your medical condition. ·        You cannot adjust to other work because of your medical condition. ·        Your disability has lasted or is expected to last for at least one year or to result in death. This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers' compensation, insurance, savings, and investments.

Maggie Jalilvand/ California Disability Advocates | 11500 W Olympic Blvd #400, Los Angeles, CA 90064 Unsubscribe kingsrook14.publish@blogger.com Update Profile | Constant Contact Data Notice Sent by maggiejalilvand@yahoo.com in collaboration with Try email marketing for free today!