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Substantial Gainful Activity From Self-Employment
Social Security Ruling 83-33 provides that work will be considered substantial gainful activity if it meets one of three tests: 1) Rendering significant services to or receiving substantial income from a business; 2) Comparing the work to perform to that unimpaired people in similar business or occupations; 3) What is…
Steps in Determining Disability
In evaluating whether an individual is disabled, the Social Security Administration applies what is called a sequential evaluation process. The first step is to determine whether the person is engaging in substantial gainful activity. Simply stated, this means earning too much money. If so, the claim is denied. If not,…
Medicare
A social security disability claimant (other than those on kidney dialysis or suffering from Lou Gehrig’s disease) must wait 24 months from the date disability benefits commenced before becoming Medicare eligible. If the individual is eligible for any retroactive Medicare benefits, this information will be included in an Award Certificate…
Death and Title XVI Benefits
When an individual seeking SSI benefits under Title XVI passes away, underpayments of SSI benefits are payable only to the surviving spouse if the surviving spouse was living in the same household with the claimant at the time of death or within six months immediately preceding death. There are other…
Death and Title II Benefits
Benefits under Title II of the Social Security Act do not die with the claimant. If there are back benefits due and owing at the time of death, these will be paid to a surviving spouse who is living with the decedent. If there is no spouse, the law provides…
From Disability to Retirement
If an individual is approved for social security disability benefits, his or her social security retirement benefits are protected by the earnings freeze, technically known as the “period of disability.” What this means is that an individual can receive full social security disability benefits up to his/her normal retirement age…
Long Term Disability Offset Part 4
Even though the LTD carrier receives significant benefit from an award of social security disability benefits to a disabled person, there are still reasons why an award of SSD benefits is beneficial to an individual. First, unlike LTD benefits, SSD benefits are subject to cost of living adjustment increases, which…
Long Term Disability Offset Part 3
Often, an individual will be receiving long term disability benefits during the time that his social security disability claim is pending. In an employer funded plan, the eventual receipt of social security disability benefits will result in an obligation to repay the LTD insurance company from back benefits, less the…
Long Term Disability Offset Part 2
If an individual is receiving long term disability insurance benefits from a plan provided through employment, an award of social security disability benefits often results in a dollar for dollar reduction of LTD benefits. This does not occur as frequently with long term disability plans directly purchased by an individual…
Long Term Disability Offset
The receipt of long term disability insurance benefits does not reduce disability payments from the Social Security Administration. However, the reverse is not true. Receipt of SSA disability often reduces the amount of long term disability benefits paid based on the terms of the contract of insurance. It is very…
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