Social Security Disability Frequently Asked Questions

When can I start receiving Social Security retirement benefits?
The full retirement age in order to receive retirement benefits, considered by the Social Security Administration is 65. Benefits are calculated assuming that workers will more than likely stop working full time at this age. Due, to the increase in life expectancy the full retirement age increases to 67 for those born after the year of 1938.

Are your having trouble receiving your SSDI or SSI? Contact the New Jersey Social Security Disability Lawyers today!

How much will I collect in Social Security benefits?
Contrary to popular believe, the amount of collected benefits is not based on financial need. Your potential benefits are based upon the income you have earned throughout all of your work years. Payment of benefits is based on the average amount earned which is determined by your Social Security records.

Can I keep a job if I start receiving benefits?
Yes, this is a possibility for those who wish to continue working after the full retirement age. Unfortunately, those who collect Social Security before the full retirement age will lose a dollar for every two dollars earned before they hit their full retirement age.

Who is eligible to obtain Social Security benefits?
The eligibility requirements vary based on the type of benefits the applicant is applying for, the age of the applicant filing the claim, and whether they are claiming as a dependent or survivor. One general requirement does apply though. This requirement consists of a sufficient number of Social Security work credits acquired during the claimants work history.

If I’m divorced, can I claim spousal benefits?
If both you and your former spouse have arrived at the age of 62; you are indeed eligible for dependent benefits. This also applies to a marriage that has lasted at least ten years and if you have been divorced for at least two years. Keep in mind that if you remarry these benefits will no longer be available to you.

If denied, how do I appeal my claim for SSD or SSI disability benefits?
First, you need to call Social Security and request an appeal. You should receive your appeal form in the mail soon after this has been done. Contact your attorney immediately; they will be able to help inform you on your appeal rights. Statistically, if an appeal is pursued and not just resubmitted, the claimant will have a greater chance of winning the award of benefits.

Read More > Difference Between SSDI and SSI

Can I receive both Worker’s Compensation and Social Security Disability benefits?
Yes! A reduction in Social Security disability benefits will occur, but in the majority of cases there still consists of available benefits to be paid from Social Security. In some states there is a reverse in this action, but the same concept applies.

Can I appeal a case to the Federal Courts?
Yes! If denied at the Appeals Council, it is still possible for the claimant to take his/her case to the United States District Court. A civil action can be requested for a review of Social Security’s final decision. It’s possible that a disability claim can further to the Supreme Court, yet this is rare.

Can I receive more than one type of benefit at a time?
Unfortunately no, you can not receive more than one type of benefit at a given time. You may qualify for more than one but you can only collect one.

Can my child collect disability benefits from Social Security if he/she is disabled and has never worked before?
This may be possible. Depending upon the age of your child they may qualify for either SSI child’s disability benefits or SSI disability benefits. The child may also be able to obtain adult child benefits if their parents are already receiving Social Security benefits or are deceased.

Are your having trouble receiving your SSDI or SSI? Contact the New Jersey Social Security Disability Lawyers today!