Claiming Social Security Disability
How to Get SSI & Social Security Disability: An Insider's Step by Step Guide
by Mike Davis

How to Get SSI & Social Security Disability - gives readers the focus and perspective of an experienced disability examiner, and therefore has great value to people who file Social Security disability claims. Claimants must gather copious amounts of evidence and deal effectively with disability examiners and doctors to win their cases. The book helps them do this. The book doesn't deal with all the legal issues that have change because they're not what a case hinges on. What counts is the medical evidence and forms.

The book's print is large and clear. The style is appealing. Though published in 2000, the book is far from out of date. It has the merit which is lacking in Social Security literature - Mr. Davis clearly and simply depicts how to prove your case.

     

Claiming Social Security Disability - Social Security Benefits After Divorce

Claiming Social Security Disability * Social Security Benefits After Divorce

Social Security Benefits After Divorce   
Jean Mahserjian

Divorce does have some effects on social security benefits. The basics are quite simple.

If you are entitled to receive social security benefits based upon your own earnings record, you will, of course, be able to collect social security after divorce based on that earnings record. However, if you were married for ten or more years, you might be able to collect social security benefits under your spouse's record after you are divorce. There are a few qualifications that you must deal with.

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Portland Man, 80, Indicted For Collecting Dead Brother's Social Security (The Oregonian)
A federal grand jury on Monday charged an 80-year-old Portland man with Social Security fraud alleging that over the last 13 years he's collected $87,000 in federal disability payments in the name of his...

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The first issue to be addressed is the amount of time that you were married before the divorce. To collect social security benefits based upon your former spouse's earnings record, you must have been married for at least ten years. If you or your spouse are considering divorce, this ten year time limit might be an important issue. For example, if you have been married for just nine years, and if having this social security benefit after divorce will help you, you might want to negotiate a one year separation before the divorce. That way, you have preserved your ability to collect social security under your soon to be ex spouse's earnings record after the divorce. The one year separation could have some impact upon other rights that you need to address. So, it is a good idea to discuss this issue with your divorce attorney or with an accountant before finalizing a separation or divorce agreement.


You cannot collect social security under an ex spouse's earnings record if you remarry. So, if you have carefully preserved this benefit after divorce, you might want to be very careful about remarrying. You can collect social security benefits under the next spouse's earnings record, but the same time rule will apply. That is, you must remain married to that individual for ten years before you can collect social security under their earnings record.

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Ariz. Hesitant To Take Stimulus Money To Expand Unemployment Insurance Eligibility (The Arizona Republic)
The federal government wants to close a gap that has tripped up legions of jobless Americans: It is offering states emergency money to expand their unemployment insurance programs and allow more out-of-work...

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Many people simply want to know how much they will collect in social security benefits. The general rule when collecting benefits under someone else's earnings record is that you cannot collect more than fifty percent of that person's benefit. So, if your spouse or ex spouse is going to receive a monthly benefit of $1500, you cannot collect more than $750 if you collect under their earnings record. You need to know what your own benefit will be to decide if you would be better off collecting under your own earnings record or under a spouse or former spouse's earnings record after divorce.


The rules that pertain to collecting social security after divorce are different than the rules that pertain to collecting social security after the death of a spouse to whom you are still married. THose rules should not be confused.


You can always check with the social security administration to find out what your social security rights and benefits are. The social security administration also maintains a website that you can interact with to figure out your rights and benefits.


Jean Mahserjian has practiced family law for close to two decades and is the author of many books devoted to helping consumers understand family law, including the issues of child custody and support. To download free excerpts from her family law books, visit: Divorce Help

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Index of Articles about Disability

What Other Authors say about Claiming Social Security Disability

What To Do If Your Disability Case is Denied by Carla Ballatan

Some American working class citizen come to the point in their lives when they find out that they become disabled due to a physical impairment/illness and can no longer perform on their present jobs or...

SSD, SSI or Concurrent Claim: File the Correct Disability Application for You by Vanessa Francisco

When you apply for disability payment and your application is reviewed, each regulation is looked over. SSA always tries to find a dodge should there be any slightest possibility of denying your application,...

Getting a Social Security Disability Lawyer by Nash Ville

To be able to win a social security disability case can only be obtained through the assistance of a competent social security disability lawyer. Getting one is such a no small matter. What must we really...

Lump-Sum Social Security Benefits--Tax Election by Alan D Campbell

Sometimes a taxpayer will receive Social Security benefits in one lump sum. A taxpayer might have to pay income taxes on up to 85 percent of these benefits. However, a taxpayer may make an election under...

Eligibility - The First Stage Toward Claim Approval by Manuel Salvacion

The social security disability laws provide certain requisites for the approval of a petition for disability claim. As initial step, the eligibility of a claimant must first be determined in order to ensure...