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Entitlement to Disabled Worker's Benefits

Excerpted from "Social Security Handbook". See the up-to-date, official Social Security Handbook at ssa.gov.

0501

501. Entitlement to Disabled Worker's Benefits

501.1 When are you entitled to disabled worker's benefits?

If you are a disabled worker, you are entitled to monthly cash benefits if you meet the following conditions:

  1. Are under a disability as defined in §507;

  2. Have filed an application for disabled worker's benefits (see§ 1502 and §1513 for the period during which an application is effective);

  3. Have disability insured status (see §207);

  4. Have completed a five-month waiting period, unless you are exempt from this requirement (see §502); and

  5. Have not reached full retirement age.

Your benefits begin with the first month that you meet all of the conditions above.

501.2 What are "auxiliary benefits?"

"Auxiliary benefits" are additional monthly benefits (see Chapter 3). These benefits may be payable to other family members on your earnings record if you are entitled to disabled worker's benefits. They are payable to your family members even when you are not receiving benefits because of imprisonment. (See §505(E).)

Last Revised: Jan. 16, 2004

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There are 13 Comments

When does Social Security start to take from your SSI check? If a person is on SSI and they are fortunate to start working what is the amount they can make and is their check taken from them if they go above that?
Thank you

WHY DOES IT KEEP BEING DENIED I HAVENT BEEN ABLE TO WORK SENCE O3 BACK SURGERIES BRAIN DAMAGE HEART STRESS WORK LIMITATIONS PAIN MANAGMENT MORIPHINE OXYCODONE EFFEXOR CANT SIT WALK LIFT HAVE SEX LOST MY GIRL CAUSE OF THAT IT REALLY CANT PUT MY BOYS THROUGH SCHOOL NOW WHATS NEXT FILE CIVIL WAIT ANOTHER 6 YEARS IM ONLY 46 FEEL LIKE 76WHAT WILL IT TAKE HELL THE GUY ACROSS THE STREET GETS CHECK AND SELLS CRACK WITH ALL I WANT IS FOOD AND EDUCATION FOR MY BOYS

In general, you can retire at any time between age 62 and full retirement age. However, if you start benefits early, your benefits are reduced a fraction of a percent for each month before your full retirement age.

For folks born between 1943-1954, your "full retirement age" is 66. So you can start taking reduced retirement benefits at age 62, but you would only get 75 percent of what you would receive if you waited until age 66.

See here for details : http://www.ssa.gov/retire2/agereduction.htm

If you're disabled, you may qualify for Social Security disability benefits before age 62.

Can a wife recieve family benefits if husband is on disability?
Wife is not working and has been turned down for disability herself. Wife is 60 years old.

Yes, it is likely that at age 62 you would qualify for benefits based on your spouse's work and disability record.

Note that if you take benefits at age 62, these will be reduced from your "full retirement age" benefits (age 66 for someone born 1943-1954).

You didn't mention your work record, but it's also possible you may qualify for a higher retirement benefit based on your work record than as a spouse based on your husband's record.

http://www.ssa.gov/dibplan/dfamily2.htm

My daughter’s father is disable and collecting SSI benefits, apparently SSI benefits cannot be deducted for child support. Is there anyway child support can be deducted from SSI benefits. Her father has never worked enough to get regular benefits or SS for that matter. I have never pursued him for not being able to pay the child support ordered but now that he is getting money from the state I feel he should have some of that deducted to cover all the child support missed.

In general, Social Security benefits may not be garnished to pay off debt. However, child support is one area where Social Security benefits may be garnished.

However, Supplemental Security Income payments are meant for especially needy folks, and SSI payments cannot be levied or garnished.

http://www.ssa.gov/deposit/DDFAQ898.htm

Is there an entitlement for a new born child of a SSDI recipient?

When you qualify for Social Security disability benefits, your children may also qualify to receive benefits on your record. Your eligible child can be your biological child, adopted child or stepchild. A dependent grandchild may also qualify.

Normally, benefits stop when children reach age 18 (19 if in high school) unless they are disabled.

http://www.ssa.gov/dibplan/dfamily4.htm

Please contact the SSA directly as I couldn't find a definitive answer for this.

Although it's standard for minor children to receive benefits on the basis of a disabled worker's work record, if the child is not in custody of the disabled worker it's not clear how this is handled.

http://www.ssa.gov/pubs/10153.html#5


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