Q: Should I make my claim for social security disability under my own account, or under the social security account of my spouse who recently passed away?
A: Of course, for most people applying for social security disability, your objective is to receive the highest payments you can. In some cases, you will receive the most generous payment by applying under a deceased spouse’s SS account. In other situations, the greatest social security disability payment will come from applying under your own account. Either way, you have to choose which payment is highest, as you cannot have both.
The first step when deciding under whose account to request social security disability is to determine which will provide higher payment. The wisest thing is to consult the Social Security Administration to figure out under which account your payments would be higher. 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 under full retirement age but 60 or older, you will receive anywhere from 71 to 99% of your deceased spouse’s social security disability benefits.
Q: I am receiving social security disability but I want to apply for SS retirement.
A: In most cases, a person currently receiving social security disability benefits will automatically receive retirement benefits when they reach full retirement age. Most people who get social security disability have to do little or nothing to bring about the transfer. Speak to the SSA or a social security disability lawyer for more information.
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. That said, it is true that many first applications are denied, and that approvals tend to result from the appeals process.
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. Speak to a social security disability professional or the SSA for details.
