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Social Security is a federal program designed to provide financial assistance to retirees, disabled individuals, and survivors of deceased workers. The program is primarily funded through payroll taxes under the Federal Insurance Contributions Act (FICA). Social Security law encompasses a wide array of regulations and rules that govern eligibility, benefit calculations, and appeals processes for individuals seeking social security benefits. Laws in this domain are intricate and can frequently change, making it essential to have a clear understanding of your rights and responsibilities.
While many individuals successfully apply for Social Security benefits without legal assistance, there are several circumstances where consulting an attorney can be beneficial. Common situations include:
While Social Security is primarily governed by federal law, certain state and local regulations can influence your benefits, particularly in areas concerning disability determinations and Medicaid. Key aspects to be aware of include:
SSDI (Social Security Disability Insurance) is for those who have worked and paid into the Social Security system, while SSI (Supplemental Security Income) is need-based for low-income individuals regardless of work history.
You can apply online, by phone, or at a local Social Security office. The process involves submitting personal, financial, and, if applicable, medical information.
Yes, but there are limitations. The Social Security Administration provides a trial work period where you can test your ability to work without affecting your benefits.
Retirement benefits are calculated based on your 35 highest-earning years. If you have less than 35 years of earnings, zeros are factored in for the remaining years.
Consider appealing the decision. The appeal process involves reconsideration, a hearing by an administrative law judge, and potentially further appeals.
Your benefits may be subject to federal income tax if your total income exceeds certain thresholds. Some states also tax benefits.
This depends on your financial situation and health. Taking benefits before reaching full retirement age results in reduced benefits, while delaying benefits increases them up until age 70.
Yes, certain family members, like your spouse or children, may be eligible for benefits based on your earning record.
A divorced spouse may be eligible for benefits if the marriage lasted 10 years or more, and they're unmarried and at least 62 years old.
Report changes in your income, address, marital status, and if you start or stop working. Failing to report changes can lead to overpayments or penalties.
For additional support and information regarding Social Security, consider reaching out to the following resources:
If you find yourself needing legal assistance with Social Security, consider taking the following steps:
