Social Security Administration
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Need advice for SSDI appeal after denial - attorney worth the fee?
Just got my denial letter for SSDI after waiting 5 months and I'm devastated. My doctor says my rheumatoid arthritis and fibromyalgia make it impossible for me to stand more than 20 mins or sit at a desk for hours. I worked in accounting for 22 years until the pain got unbearable last year. The denial letter says 'you can still perform sedentary work' which is complete BS! I can barely type for 30 minutes without my hands swelling up. I'm looking into appealing but don't know where to start. Has anyone here successfully appealed with a lawyer? How do you even find a good one? I'm worried about the fees - they take 25% of backpay up to $7,500 I think? Is it worth it or should I try doing the reconsideration myself? My savings are running out fast.
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Can my friend get SS survivor benefits with a non-SS pension after wife's death?
My friend just lost his wife yesterday after 54 years of marriage, and I'm trying to help him figure out the financial side while he grieves. He retired from a city job in Texas and receives a pension that's not from Social Security. His wife was getting around $1,200/month from Social Security before she passed. I'm wondering if he qualifies for survivor benefits based on her work record? And if he does qualify, will his city pension reduce what he can get through the Government Pension Offset (GPO) provision? He's never paid into Social Security himself. Any insights would be greatly appreciated during this difficult time.
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when my grandpa died my grandma got his SS instead of hers because his was higher. its called something like maximum benefit rule? might be different with the pension thing tho
You're thinking of the right concept, but it works a bit differently. Normally, a surviving spouse can receive up to 100% of the deceased spouse's benefit if it's higher than their own retirement benefit. However, in this case, the GPO (Government Pension Offset) rule comes into play because the surviving spouse has a non-Social Security pension. This specifically affects government workers who didn't pay into Social Security. The GPO will reduce any survivor benefits by 2/3 of the pension amount. So while the principle of getting the higher benefit applies, the pension offset will likely eliminate most or all of the potential survivor benefit in this specific situation.
Thank you everyone for your helpful responses. I spoke with my friend today and explained what I've learned here. He's going to apply for the survivor benefits anyway, just to make sure he doesn't miss out on anything he might be entitled to, even if it's just the $255 death benefit. I'll help him use the Claimyr service to get through to SSA without spending hours on hold. It's disappointing that the GPO will likely eliminate any monthly survivor benefit, especially since his wife contributed to Social Security her entire working life. But at least now he understands how the system works and what to expect. I really appreciate everyone taking the time to share your knowledge and experiences during this difficult time.
You're being a good friend. Another thing to consider - if your friend ever worked enough in jobs covered by Social Security (at least 10 years/40 credits), he should also check if he qualifies for his own Social Security retirement benefit. The Windfall Elimination Provision (WEP) might reduce it, but it's calculated differently than the GPO and he could potentially receive something.
Can father-in-law collect late mother's Social Security while delaying his own benefits?
My mother-in-law passed away last year at 71 after collecting Social Security since age 62. My father-in-law (her widower) turns full retirement age tomorrow and hasn't claimed any benefits yet because he's still working full-time. He was planning to file for survivor benefits based on her record (about $1,750/month) while delaying his own retirement benefit (around $2,950/month at age 70) to maximize what he'll eventually receive. However, when he visited the Social Security office yesterday, the claims rep told him that if he files for survivor benefits now, his own retirement benefit would be "locked in" and would never increase - even if he waits until 70 to switch. This completely contradicts everything we've read about survivors collecting one benefit while delaying their own! Is this SSA rep giving us incorrect information? If my father-in-law can't collect survivor benefits without locking in his own benefit amount, there's absolutely no reason for him to wait to file for his own benefit. I thought widowers at FRA could collect survivor benefits while allowing their own retirement to grow until 70. What's the truth here?
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One more important thing: when your father-in-law goes to his appointment, he should bring his and your mother-in-law's: - Birth certificates - Marriage certificate - Her death certificate - Most recent tax return - His Social Security card Also, he should be prepared to provide information about any previous marriages either of them had, including dates and documentation if available. And absolutely have him use the exact phrase "I want to file a restricted application for survivor benefits only while delaying my retirement benefit until age 70." Being very specific with this language helps ensure he gets the correct outcome.
Thank you for this detailed list! He has all those documents ready - I made sure he gathered everything after mom passed away. I'm going to have him practice saying that exact phrase so he doesn't get flustered during the appointment. This is all so stressful on top of still grieving.
my uncle did this i think. he got my aunts benifits after she died but then swtiched to his own later when he turned 70. he said it was confusing but worked out good in the end. hope your father in law gets what he deserves!!
That's encouraging to hear! It's exactly what we're trying to do. It's such a common situation that I'm surprised the SSA representatives aren't better trained on it. But from everything I've read here and elsewhere, it sounds like we just need to be persistent and clear about what we're asking for.
Can I collect unemployment or SS retirement while my SSDI application is pending? 64-year-old with amputation
I'm in a really tough spot financially and need some guidance. I'm 64 years old and worked steadily for over 30 years until recently when health issues made it impossible to continue. I had a stroke last year and also am an amputee (lost my right leg below the knee after a workplace accident). I filed for SSDI under the 'Dire Needs' category about 6 weeks ago, but I'm completely out of savings now. Can I apply for regular retirement benefits while waiting for my disability decision? Or would unemployment be an option? I'm only about 18 months away from full retirement age anyway. My mortgage is behind and I'm scared of losing my home while waiting for disability to be approved. Any advice from people who've navigated this would be really appreciated!
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One more thing to consider: if you do apply for retirement while waiting for SSDI, make sure to tell SSA that you want the disability onset date preserved. This technical detail ensures you get the maximum possible retroactive benefits if your disability claim is approved. There's a specific way they need to note this in your file. Also, since you mentioned being an amputee, your condition might qualify under the Compassionate Allowance program, which could speed up your disability decision significantly. Did your disability examiner mention this possibility to you?
Thank you for that important detail about preserving the onset date! No, nobody mentioned anything about a Compassionate Allowance program to me. I'll definitely ask about this when I contact SSA. Is this something I need to specifically request, or should they automatically consider it based on my medical condition?
They should evaluate your case for Compassionate Allowance automatically based on your medical records, but it never hurts to specifically mention it. Certain amputations do qualify, though it depends on the specifics of your condition. When you speak with SSA, just ask if your case is being considered under the Compassionate Allowance program. If it is, that could reduce your wait time from months to weeks. Regarding preserving your onset date while receiving retirement - this is something you should explicitly request when applying for retirement benefits. Just tell them: "I want to file for retirement while my disability application is pending, but I want to preserve my disability onset date." They'll know what to do, but having it noted properly in your file can make a big difference in potential back payments.
This is extremely helpful information - thank you! I'll make sure to use those exact words about preserving the onset date. I really appreciate everyone's advice here. I'm going to contact SSA tomorrow and apply for my retirement benefits while continuing with the disability process. At least that will give me some income while I wait for the final SSDI decision.
What Social Security benefit estimate should I print before applying? Different amounts showing at different ages
I'm getting ready to apply for my Social Security benefits and keep seeing advice to 'print out your estimate beforehand.' When I logged into my account, I see three different benefit estimates - one if I take benefits now (I'm 63), another at my full retirement age (66 and 8 months), and a third if I wait until 70. Are all three of these what people mean I should print out? Is there a specific document or report I should be looking for? Want to make sure I have the right paperwork before I actually apply. This is my first time dealing with SS benefits and I don't want to mess anything up!
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wait do we need to print it? cant we just save the pdf? my printer is always out of ink lol
Saving the PDF is perfectly fine too! The key is having documentation of what your account showed before you applied. A digital copy with the date clearly shown works well. Just make sure you store it somewhere you can easily access later if needed.
Thanks everyone for the helpful responses! I printed out my full statement (all 5 pages) and found one year where my earnings seemed lower than I remembered. Going to dig up my W-2 from that year to compare. So glad I asked this question before applying!
That's exactly why printing/saving it is so important! If you find a discrepancy, contact SSA right away with your documentation. And when you do apply, bring both your statement and any correction documentation to your appointment or have it ready if applying online. Good luck!
Sean Murphy
One more thing to consider: the lawyer should be willing to withdraw if they don't think they can win your case. Be wary of anyone who promises they can definitely win - honest attorneys will tell you your odds based on your specific situation. Also ask if they'll handle your case personally or if you'll be working primarily with paralegals.
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Chloe Harris
AuthorThat's good to know. Do you think it's better to use a local attorney who can meet in person or does it not really matter since everything is remote now?
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Nia Davis
I forgot to mention: once you hire a lawyer, make sure they get ALL your medical records, not just from specialists. My general doctor had notes about my fatigue and cognitive issues that ended up being crucial evidence. Also, if you've been hospitalized for your condition, those records are extremely important.
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Luca Ferrari
also get statements from family/friends who see ur struggles everyday!! my sister wrote a letter about how she has to help me with basic tasks and the judge mentioned it specifically during my hearing!!
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