Your Social Security Disability Claim
Posted 04/06/09
Q: Should I apply for social security disability benefits under my social security account or my deceased spouse's?A: For most social security disability applicants, the goal is to get the largest payment possible. In some cases, you will receive the most generous payment by applying under a deceased spouse's SS account. Other times, the largest payment will come from your own account. Either way, you have to choose which payment is highest, as you cannot have both.
When deciding if you want to apply under a spouse's account or your own, calculating the highest social security disability payment is an obvious first step. It is best to check with the SSA to determine what those payments might be. Whether the payments are higher under your own social security disability account or your deceased spouse's is determined by your current age, the severity of your disability, and your earnings record. In the case that you do choose to claim survivor's benefits, you will receive your spouse's full social security disability benefits when you reach retirement, or when you reach the age of 50 and are disabled. If you are not disabled, you can get anywhere from 71 to 99 percent of your spouse's benefits before you reach retirement, as long as you are 60 years old or older.
Q: I am receiving social security disability but I want to apply for SS retirement.
A: Generally, if you receive social security disability benefits, those benefits will be transferred to retirement benefits upon reaching retirement age. For most recipients, this conversion requires little or no effort. Consult the Social Security Administration or talk to a lawyer for information about transferring from social security disability to retirement.
Q: I heard the everyone has their social security disability application denied by the SSA the first time they apply. Is that true?
A: You have probably heard comments and complaints from many social security disability applicants that their claims are constantly denied; but in reality, not all first applications are rejected. In truth, the SSA has no rule in place that directs them to deny all first claims. One the other hand, it is also true that first claims are denied quite often, and that the highest success rate with social security disability claims is in appeals, not on first application.
Nationwide, 70% or so of social security disability claimants are denied on their first application. Unfortunately, many of those who are denied do not have a full understanding of what they should do in order to be approved next time they apply. In order to reduce your chances of being denied more than once, it is important to have a through understanding of the social security disability appeals process. Consult the Social Security Administration or a social security disability expert for more information.