Here is the scenario, a man works for a company for 30 years he contributes to a 401K plan. S company offers him a 30,000 dollars if he retires. He accepts the offer and now has a net worth invested in stocks of 250,000 dollars.
He is 60 years old the day he retires. Six months later he suffers a debilitating stroke. He owns his own home and has 3 grown sons by his first wife and a 16 year old son who lives with him and is estranged from the 16 year olds mother.
He continued carrying his family plan health insurance through his old company. My question is, can he collect disability benefits since he can't work and is only 60 years old and is he or the 16 year old entitled to any social security benefits now? If it makes a difference he is located in N.Y. State.
Thank you for your time. Asked by Yankeeman 45 months ago Similar questions: attorney familiar disability social security give advice Politics & Law > Law.
Similar questions: attorney familiar disability social security give advice.
There are two benefits which might be available. #1 Is plain old Disability Insurance. Here is a link to the government’s web site that tells you the rules and regulations.
ssa.gov/dibplan/index.htm #2 is Supplemental Security Income, better known as SSI. Here is the link to the web site that explains this program in more detail. ssa.gov/ssi/ This program has a means test.
Now, from what I’ve been told my other lawyers when I was in practice, the Social Security Administration almost always rejects or slows down claims significantly as a way of keeping out people who are either faking their injuries or exaggerating the severity of their problems. My suggestion would be to talk to a lawyer who deals in this area for advice on how to keep the system from doing a number on him. My guesstimate is that he will have less trouble qualifying for the Disability Insurance program than for SSI.
Sources: experience and cited above Snow_Leopard's Recommendations The Complete Idiot's Guide to Social Security and Medicare, 2nd Edition (Complete Idiot's Guide to) Amazon List Price: $16.95 Used from: $9.75 Average Customer Rating: 4.5 out of 5 (based on 5 reviews) Social Security, Medicare & Government Pensions: Get the Most Out of Your Retirement & Medical Pensions Amazon List Price: $29.99 Used from: $42.88 Nolo's Guide to Social Security Disability: Getting & Keeping Your Benefits Amazon List Price: $29.99 Used from: $13.50 Average Customer Rating: 5.0 out of 5 (based on 5 reviews) .
Get an attorney specializing only in disabilities I filed and after many denials, I did finally get it (in IL) after two years to the month. I hired an attorney through a radio ad who specializes in disabilities only and who only charges if you get approved. I don't mind e-mailing you at all, but I am a little leary to say the name here.
I am very new on this site, so I don't know how much info I could give publicly. I don't know how to get a hold of you personally, but I am more than happy to give you all the info I had to do. I did take a chance by a radio ad, but it all worked out in the end.
I would never, ever do it w/out an attorney. They have a law protecting the disabled person filing on the max. An attorney's fee could be. I think it was 25% or a certain dollar amount, whichever comes first.
So Social Security does protect you in that way. Let me know if there is a way to e-mail you or some other way. I wish I knew this site better, but I'm not up on the rules here.
Just once you do it, be patient and hang in there. DO NOT GIVE UP! The younger you are, the longer they will try to drag it out because they don't want to be giving you checks for years on end unless they have to.
Here's were the attorneys come in. If you are close to 50, you have a quicker hearing, but all in all, it does take a couple of years at least. I don't know where you live.
I was lucky in that the judge did a bench decision right then and there. My attorney was shocked and said it was very rare for a judge to do that. Usually you get an answer in the mail after 2 to 3 months.
Good luck and let me know a way to get a hold of you. Susie .
It's possible. A person who qualifies for Social Security Disability receives the Disability income until retirement age & then if converts to regular Social Security. A person who qualifies for Disability income receives a slightly higher amount than one would for normal retirement.
This is for additional medical expenses. The benefit for him to get Disability income is that there may be an increase in benes. The rules are standardized for the US as a whole, so the state of residence does not make a difference.
I doubt that the 16 year old is eligible now, but it may be possible; sometimes they can receive token amounts if they go to college. Ask the atty. You need to find an attorney, who specializes in Disability income, to help wade through the bureaucracy.
Especially since his health may not allow him to take as active part as is usually possible.
1 Pales, regarding your answer "It's possible. ":Get the medical info lined up right away. The stronger the medical diagnosis, the quicker the claim is processed.
Usually first applications are denied. They are testing your perseverence. They are also preserving some work for the next layer of bureaucracy.
After the denial, ask for a review. If the review is denied you can appeal to an Administrative Law Judge, your lawyer can represent you at this hearing. If denied, the next appeal is to a US District Court.
Good Luck.
Pales, regarding your answer "It's possible. ":Get the medical info lined up right away. The stronger the medical diagnosis, the quicker the claim is processed.
Usually first applications are denied. They are testing your perseverence. They are also preserving some work for the next layer of bureaucracy.
After the denial, ask for a review. If the review is denied you can appeal to an Administrative Law Judge, your lawyer can represent you at this hearing. If denied, the next appeal is to a US District Court.
Good Luck.
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And what about social security?
Can you collect social security disability and a retirement check at the same time.
If you were living on Social Security disability ,low income. Where would be the best place to live?
Ca. State diasability and social security disability at the same time?
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