Florida Social Security Disability

From the Social Security Administration:

Answer:            Every year, SSA’s Office of the Actuary does a study of the most popular names given to applicants who were born in the current year. The top ten boys and girls names for 2007 are:

Emily has topped the list since 1996.  Jacob has done so since 1999.  Elizabeth returns to the top ten after a two year absence.In addition to a list of the 1,000 most popular boys’ and girls’ names for 2007, the website has a list of the top 100 names for twins born in 2007.  Jacob and Joshua are again the most popular twin’s names.The Social Security website offers lists of baby names for each year since 1880, go to http://www.socialsecurity.gov/OACT/babynames/.  Social Security started compiling baby name lists in 1997. 

Elizabeth Stakenborg, Esq. ~ Sims, Stakenborg & Henry, PA.

Tags: SSA

Answer From the Social Security Adminstration:

Employers report earnings to Social Security on Form W-2 each year for earnings from the previous year. Employers are required to make this report by March 31^st. Self-employed persons report their earnings to the Internal Revenue Service (IRS) on their tax return on Schedule C and Schedule SE and IRS transmits that information to Social Security. Social Security then posts the earnings information on an individual’s record.   Elizabeth Stakenborg, Esq. ~ Sims, Stakenborg & Henry, PA. 

• Offices in Ocala, Marion County, Florida and Gainesville, Alachua County, Florida. We provide service to the surrounding areas. Our telephone number is: 352-629-0480. Please visit our website at: www.ocalaw.com

Tags: Records, SSA

Information from the Social Security Administration:

• Q:         I have applied for a job that requires me to provide a complete history of all employers for which I have worked. How can I obtain this report? 

• A:         To obtain a detailed statement of your employment history, you need to complete Form SSA-7050-F4, Request For Social Security Earnings Information.Under most circumstances there is a charge involved for detailed earnings information. Considerable clerical handling is required to prepare this information. Unlike the earnings information used to compute Social Security benefits, which is electronically available, detailed earnings information must be extracted from microfilmed records through a tedious, labor-intensive operation requiring visual examination of each record before a statement can be produced and released. We do not charge for providing more detailed earnings information for correcting a Social Security record or for establishing entitlement to Social Security benefits.You should use this form if you need:

1. “Certified/Non-Certified Detailed Earnings Information” which would include periods of employment or self-employment and the names and addresses of employers, or
2. “Certified Yearly Totals of Earnings” which would include total earnings for each year but would not include the names and addresses of employers.

You may obtain Form SSA-7050-F4, which also includes the fee schedule, from our website at: http://www.socialsecurity.gov/online/ssa-7050.pdfTo read and print this form on a personal computer, you will need a copy of the Adobe Reader software. This software is available free of charge from Adobe’s Internet server at: http://www.adobe.com/products/reader/The Social Security Administration does not charge a fee for providing individuals with a statement showing yearly totals of earnings, the amount of Social Security taxes paid, an estimate of future benefits, and the number of credits you have under the Social Security program. Normally, this is all the information that is needed to determine Social Security benefits. You may obtain a Social Security Statement at: http://www.socialsecurity.gov/statement/You should allow 4 months from the date that you submit form SSA-7050 for a response.

Elizabeth Stakenborg, Esq. ~ Sims, Stakenborg & Henry, PA.

Tags: Records, Tips

Consider the following in attempting to save money on prescriptions:

Ø      l. Check out www.needymeds.com, a nonprofit web site devoted to assisting financially needy individuals in obtaining medications.

Ø      2. Always ask for generic if your physician says it’s ok.

Ø      3. Buy more.  You can save money if you purchase a 90 day mail order rather than a 30 day.

Ø      4. Ask your doctor for free samples.

Ø      5. Ask your doctor if he can double your dose so you can save money by splitting your pills in half (check with your doctor first as some are time release and this can be very dangerous).

Ø      6. Consider major discount pharmacies for the best deals such as Costco and Target.  You can get many generic drugs for $l0.00 for a 3 month supply.

Ø      7. Check out www.pparx.org to see if you qualify for free or inexpensive medications from  the “partnership for prescription assistance” program.

Ø      8. More excellent sites:  www.rxassist.org ,  www.freemedicinerevolution.com and www.freemedicinefoundation.com

Elizabeth Stakenborg, Esq. ~ Sims, Stakenborg & Henry, PA.

 Offices in Ocala, Marion County, Florida and Gainesville, Alachua County, Florida. We provide service to the surrounding areas. Our telephone number is: 352-629-0480. Please visit our website at: www.ocalaw.com 

Tags: Tips

Information from the Social Security Administration: 

Section 207 of the Social Security Act (42 USC 407) protects Social Security benefits from assignment, levy, or garnishment. However, the law provides five exceptions:

• Section 459 of the Act (42 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations;
• Section 6334 (c) of the Internal Revenue Code (26 U.S.C. 6334 (c)) allows benefits to be levied to collect unpaid Federal taxes;
• Section 3402 (P) of the Internal Revenue Code allows beneficiaries to elect to have a percentage of their benefits withheld and paid to the Internal Revenue Service to satisfy their Federal income tax liability for the current year;
• The Debt Collection Act of 1996 (Public Law 104-134) allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency: and
• The Tax Payer Relief Act of 1997 (Public Law 105-34) authorizes the Internal Revenue Service to collect overdue federal tax debts of beneficiaries by levying up to 15 percent of each monthly payment until the debt is paid.

The Social Security Administration’s responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of the Act as long as they are identifiable as Social Security benefits using normal banking practices. For example, only social security benefits are deposited into a particular bank account. If a creditor tries to garnish your social security check, inform them that unless one of the five exceptions apply, your benefits can not be garnished. You also may want to provide this same information to your financial institution and seek legal assistance if you believe it is needed.

NOTE: Supplemental Security Income payments cannot be levied or garnished.

Elizabeth Stakenborg, Esq. ~ Sims, Stakenborg & Henry, PA.

Tags: Benefits, Social Security Administration, Tips

Question:          What is a Social Security Statement and why do I get them?Answer:            Your Social Security Statement is a concise, easy-to-read personal record of the earnings on which you have paid Social Security taxes during your working years and a summary of the estimated benefits you and your family may receive as a result of those earnings.Social Security provides these Statements in two ways: in automatic annual mailings to workers and former workers aged 25 and older and at any time to workers of any age who request them.Social Security Administration hopes you will keep your Statement with your other important papers and use it in several ways:

• First, the benefit estimates in your Statement can play an important role in your financial planning. When combined with your savings, investments and other pensions, your Social Security benefits can help you build a secure future for yourself and your family.
• Second, the Statement can help you make sure your reported earnings and other important information such as your name and date of birth are correct on your record. Mistakes could keep you from getting all the Social Security benefits you have earned. The sooner you identify mistakes, the easier it will be to help us correct them.
• And finally, the general information on the Statement tells you about all the protection you are earning under Social Security. Many people think of Social Security only as a retirement program. The Statement shows how even young workers are building valuable protection in case they become disabled or die before they reach retirement age.

Form SSA-7004, Request for Social Security Statement, is used to get a record of your Social Security earnings history. When we receive your request, we will send you a Statement that shows your earnings year-by-year and give you estimates of benefit payments that you and your family may qualify for now or in the future.You can make your request at http://www.ssa.gov/online/ssa-7004.pdf online, but if you prefer to mail it, you will find request form SSA-7004 below in Portable Document Format (PDF), and graphic format. The PDF permits you to print out a duplicate of the original SSA-7004 using any graphics printer. PDF was developed by Adobe Systems, Inc. and allows the reader to print a publication close in appearance to the original printed version, preserving typography, columns, charts, tables and graphics. To read and print a PDF publication, you must have the Adobe Acrobat Reader software installed on your PC. Adobe Systems, Inc. permits the Social Security Administration and other organizations to offer this software to the public free of charge. You can download the Adobe Acrobat Reader version suitable for your system by clicking on this button http://www.adobe.com/products/acrobat/readstep.html.After you download the Adobe Acrobat Reader, come back to this page and download the PDF version of the SSA-7004 below. PDF files are printer independent and should print easily on any graphics printer (i.e., laser, inkjet). Print the form on 8 1/2 x 11 inch paper, complete and sign form, fold in thirds, insert it in a standard size number 10 business envelope (4 1/8 x 9 1/2) and mail to:

Social Security Administration
Wilkes Barre Data Operations Center
P.O. Box 7004
Wilkes Barre, PA 18767-7004

http://www.ssa.gov/online/ssa-7004.pdf

Elizabeth Stakenborg, Esq. ~ Sims, Stakenborg & Henry, PA.

 Offices in Ocala, Marion County, Florida and Gainesville, Alachua County, Florida. We provide service to the surrounding areas. Our telephone number is: 352-629-0480. Please visit our website at: www.ocalaw.com 

Tags: SSA, Tips

Question:  Were you disabled for a while several years ago and your health has now improved.   Can you receive disability benefits for the time that you were disabled?Answer:  That depends on when you became disabled and when you file an application for Social Security disability benefits.  Social Security will consider if you were disabled for a closed period.   We encourage all veterans and military service personnel who could be eligible for a closed period of disability to contact their local SSA office or call 1-800-772-1213 to file for potential disability benefits. A closed period of disability is determined when medical evidence establishes that you were unable to engage in substantial gainful work activity for a continuous period of 12 months, but by the time the disability decision is made, you have medically recovered.  

You must also meet the following requirements to be entitled to a closed period of disability:

• You must have filed an application within 14 months after the ‘disability’ ended; or 
• You must have filed an application between 15 and 36 months after the ‘disability’ ended and you must show that your failure or inability to file a timely application was due to your physical or mental incapability.  You may be entitled to a period of disability but not to monthly disability benefit payments.  A closed period of disability helps protect your insured status and increases potential future retirement or disability benefits.

If you meet the requirements for disability benefits, you must serve a five month waiting period before your first monthly benefit can be paid.  You can receive up to 12 months of retroactive benefits from the date your application is filed with Social Security.    For Example:

• You file an application for Social Security disability benefits in December 2007.
• After reviewing your claim, we find that your disability started on April 15, 2006 and that your condition improved to the point that you were no longer considered disabled as of September 2007. We refer to this as a closed period of disability. 
• Your five-month waiting period begins May 2006, the first full month you are disabled. The months in your waiting period are May, June, July, August and September.  Thus, the first month for which you are due disability benefits is October 2006.
• Your disability ended in September 2007.  SSA pays benefits for September 2007, the month your disability ended, plus two additional months.  So, based upon the application date of December 2007, you could receive up to 12 months of retroactive benefits for December 2006 through November 2007.

Elizabeth Stakenborg, Esq. ~ Sims, Stakenborg & Henry, PA.

 Offices in Ocala, Marion County, Florida and Gainesville, Alachua County, Florida. We provide service to the surrounding areas. Our telephone number is: 352-629-0480. Please visit our website at: www.ocalaw.com 

Tags: Benefits, Social Security Disablity, Tips

If you need information about food stamps, how to apply or find your local food stamp office you can go to the follow website:  http://www.fns.usda.gov/fsp/applicant_recipients/default.htm

Elizabeth Stakenborg, Esq. ~ Sims, Stakenborg & Henry, PA.

 Offices in Ocala, Marion County, Florida and Gainesville, Alachua County, Florida. We provide service to the surrounding areas. Our telephone number is: 352-629-0480. Please visit our website at: www.ocalaw.com

Tags: Tips

Question:          Have you recently been approved to receive Supplemental Security Income (SSI) disability benefits, but they have been told that your back due benefits must be paid in installments.  Why is this necessary?

Answer:            In 2006, the President signed S. 1932, Deficit Reduction Act of 2005 which requires that past-due monthly SSI benefits that exceed three times the maximum monthly benefit (Federal benefit rate plus State supplementary payment amount, if any) payable to the individual be paid in up to three installment payments, 6 months apart. The law also limits the amount of the first two installment payments to three times the maximum monthly benefit. All remaining benefits due are to be paid in the third installment 6 months later.

The amounts of the installment payments may be increased in certain cases, such as those in which the individual has outstanding debt relating to food, clothing, or shelter, or has necessary medical needs.  If you have a situation that you believe requires that your installment payment be increased, call 1-800-772-1213. People who are deaf or hard of hearing may call our toll-free TTY number, 1-800-325-0778, between 7 a.m. and 7 p.m. on Monday through Friday.

Elizabeth Stakenborg, Esq. ~ Sims, Stakenborg & Henry, PA.

Offices in Ocala, Marion County, Florida and Gainesville, Alachua County, Florida. We provide service to the surrounding areas. Our telephone number is: 352-629-0480. Please visit our website at: www.ocalaw.com 

Tags: Benefits

Has an Administrative Law Judge (ALJ) found you not disabled because he/she obtained evidence from a Vocational Expert stating that your physical and mental restrictions (RFC), age, education, and past work experience may allow you to work as a surveillance system monitor (DOT No. 379.367-010)?  However, this same ALJ found that you are limited in your ability to:  simple, repetitive, unskilled jobs; and that you should avoid working with others.   Did you know the ALJ may have violated Social Security Ruling 00-4p.  See  http://www.ssa.gov/OP_Home/rulings/di/02/SSR2000-04-di-02.html Social Security Ruling 00-4p requires that the ALJ ask the vocational expert whether any possible conflicts exist between the vocational expert’s testimony and the DOT, and that, if the testimony does appear to conflict with the DOT, to “elicit a reasonable explanation for the apparent conflict.”  The Ruling requires that the explanation be made on the record and that the ALJ explain in his decision how the conflict was resolved. 

Contact my office for a free consultation.  We would be happy to review your Administrative Decision if you do not have representation or e-mail us at http://www.ocalaw.com/contact.php and a free consultation can be arranged. 

Elizabeth Stakenborg, Esq. ~ Sims, Stakenborg & Henry, PA.

 Offices in Ocala, Marion County, Florida and Gainesville, Alachua County, Florida. We provide service to the surrounding areas. Our telephone number is: 352-629-0480. Please visit our website at: www.ocalaw.com 

Tags: Social Security Disability