Overview of Social Security Benefits

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Retirement Benefits 

The U.S. Social Security Administration (SSA) funds the Social Security retirement insurance benefits, which may be available to individuals who have earned sufficient Social Security credits and are 62 or older. Access to benefits and the benefits amount depend on your work and earning history. There are no asset eligibility requirements, but there are certain earnings limits. 

Read the law: U.S. Code, Title 42, Chapter 7, Subchapter II

Read the regulations: U.S. Code of Federal Regulations, Title 20, Part 404

Spousal Benefits – The spouse of a wage earner can receive up to half of the wage earner’s “full benefit” amount, which is based on the wage earner’s work and earning history. The benefit amount is a percentage of the wage earner’s benefit, and the amount can be reduced if others also receive a benefit based on the same wage earner’s work record. The SSA website has detailed information about spousal benefits.  

Read the law: U.S. Code, Title 42 § 402

Read the regulations: U.S. Code of Federal Regulations, Title 20 §§ 404.330-404.333

Survivor Benefits – If you are a survivor (i.e., spouse, child, or parent) of a worker who dies, you may qualify for the worker’s benefits if the worker worked long enough to qualify for social security. Eligibility can depend on several factors, including your age, whether you are a widow with children, and whether and when you remarried. Even if you were divorced, you may qualify for benefits if you were married for at least 10 years. Children under 18 may also be eligible for benefits.

The benefits amount depends on your deceased spouse’s work record. You will receive a percentage of your deceased spouse's benefit amount. If others also receive a benefit on your deceased spouse's work record, your benefits may be reduced. There are no income or asset eligibility requirements. Check the SSA website for detailed information, including the most up-to-date figures to calculate survivor benefits. 

Read the law: U.S. Code, Title 42 § 402

Read the regulations: U.S. Code of Federal Regulations, Title 20 §§ 404.335-404.349

Benefits for Children, as Survivors or Dependents – Unmarried children under 18 (or up to 18 if attending elementary or secondary school full time) of a worker who dies can be eligible to receive Social Security survivors’ benefits. There are no income or asset eligibility requirements. Check the SSA website for detailed information, including the most up-to-date figures to calculate benefits.

Read the law: U.S. Code, Title 42 § 402

Read the regulations: U.S. Code of Federal Regulations, Title 20 §§ 404.350-404.369

 

Disability Benefits - Supplemental Security Income (SSI) 

If you have a disability that keeps you from working, there are two programs from which you may be able to claim benefits:

  • The Supplemental Security Income (SSI) program provides monthly payments to adults and children with disabilities or blindness or individuals older than 65. There are income and asset requirements, meaning you must have limited income (wages, pensions, etc.) and limited resources (things you own).
  • Social Security Disability Insurance (SSDI) provides benefits to disabled individuals who have already worked for a number of years. Learn more about SSDI.

Disability - For adults, disability means the inability to engage in any substantial gainful activity due to any medically determinable physical or mental impairment(s), which can be expected to result in death, or which has lasted or can be expected to last for a continuous period of not less than 12 months. For children, disability means having a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations, and that can be expected to cause death or that has lasted or can be expected to last for a continuous period of not less than 12 months. The SSA website has more information about disability evaluations under Social Security. 

The SSA website has detailed information about SSI, including eligibility requirements and applying for benefits.

Read the law: U.S. Code, Title 42, Chapter 7, Subchapter II

Read the Regulations: U.S. Code of Federal Regulations, Title 20, Part 416

 

Applying for Benefits 

Apply for social security benefits online, in-person at your local office, or by telephone (1-800-772-1213 or TTY 1-800-325-0778). If you don’t live in the United States, contact the Federal Benefits Unit in your country of residence.

The SSA website has detailed information about how to apply, including the documents you need to gather, the application process, and what happens once you’ve applied.

 

Estimating Your Benefits 

The SSA website has several online calculators to estimate your retirement, disability, and survivors benefits. In addition, the online calculators can help you view your options, including retiring at full retirement age, retiring early, delaying retirement, and receiving retirement benefits while you work. A full list of the online calculators and tools to estimate benefits, retirement age, and eligibility for certain provisions is available on the SSA website.

 

Appeal a Decision

You can appeal any denial, termination, or reduction of benefits. You generally must file an appeal within 60 days of the written notice with which you disagree. The SSA website has detailed information about appeals

Source
PLL Contributors
Source URL: https://dev.peoples-law.org/overview-social-security-benefits

List of links present in page
  1. https://dev.peoples-law.org/overview-social-security-benefits
  2. #retirement
  3. #disability
  4. #applying
  5. #estimating
  6. #appeal
  7. https://www.law.cornell.edu/uscode/text/42/chapter-7/subchapter-II
  8. https://www.ecfr.gov/current/title-20/chapter-III/part-404
  9. https://www.ssa.gov/benefits/retirement/planner/applying7.html
  10. https://www.law.cornell.edu/uscode/text/42/402
  11. https://www.ecfr.gov/current/title-20/chapter-III/part-404/subpart-D
  12. https://www.ssa.gov/benefits/survivors/ifyou.html
  13. https://www.law.cornell.edu/uscode/text/42/402
  14. https://www.ecfr.gov/current/title-20/chapter-III/part-404/subpart-D
  15. https://www.ssa.gov/benefits/survivors/ifyou.html
  16. https://www.law.cornell.edu/uscode/text/42/402
  17. https://www.ecfr.gov/current/title-20/chapter-III/part-404/subpart-D
  18. https://dev.peoples-law.org/social-security-disability-benefits
  19. https://www.ssa.gov/disability/professionals/bluebook/general-info.htm
  20. https://www.ssa.gov/benefits/ssi/
  21. https://www.law.cornell.edu/uscode/text/42/chapter-7/subchapter-II
  22. https://www.ecfr.gov/current/title-20/chapter-III/part-416?toc=1
  23. https://secure.ssa.gov/ICON/main.jsp
  24. https://www.ssa.gov/foreign/foreign.htm
  25. https://www.ssa.gov/benefits/retirement/
  26. https://www.ssa.gov/benefits/disability/
  27. https://www.ssa.gov/benefits/ssi/
  28. https://www.ssa.gov/benefits/calculators/
  29. https://www.ssa.gov/benefits/disability/appeal.html