Your Social Security Disability Claims Questions Answered

07/08/09

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: For most social security disability applicants, the goal is to get the largest payment possible. Sometimes the largest social security disability payment will come from the survivor's benefits you receive from a deceased spouse's account. Other times, the largest payment will come from your own account. In either case, you will need to determine the highest payment, as you cannot apply under 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. Depending on your age, level of ability or disability, and your years of work, it is possible to receive higher payments on your own, or via a deceased spouse's account. If you do apply for survivor's benefits, you will generally receive full benefits if you are at full retirement age or older at the date of application (or over 50 and 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. Most people who get social security disability have to do little or nothing to bring about the transfer. 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: While you may hear plenty of horror stories about constant rejection from the social security disability program, the truth is that not all first claims are denied. 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.

Of all social security disability claims, about 70% are denied the first time they apply. 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.

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