What You Need to Know: Widows Benefits and Social Security Disability
When you qualify for two types of Social Security benefits, such as widows benefits and Social Security disability (SSDI), you may be unsure which to pursue or how they might work together.
Understanding the Two Types of Benefits
Widows Benefits
Widows benefits, technically known as survivors’ benefits, are available to certain dependents of a deceased worker who earned Social Security benefits. The widow or widower of a qualified worker is entitled to Social Security survivors’ benefits if:
The surviving spouse has reached full retirement age (reduced benefits are available at age 60),
The surviving spouse is at least 50 and has a disability,
The surviving spouse is caring for a child or children of the deceased who are under the age of 16 and receiving Social Security benefits, or
The surviving spouse is caring for a child of the deceased who is disabled and receiving Social Security benefits
A divorced spouse of a deceased worker may qualify for benefits under the same conditions if the marriage lasted at least 10 years. The 10-year requirement is not imposed if the former spouse is caring for children of the deceased as described above.
Social Security Disability Benefits
SSDI benefits are payable to qualified workers who are unable to engage in substantial gainful activity due to a disability that is expected to last at least one year or be fatal. To qualify for SSDI, you must have accumulated a sufficient number of work credits, including a certain number of recent credits. The exact number depends on your age when you became disabled.
Can You Get Both SSDI and Widows Benefits?
You may qualify for both disability benefits and widows benefits. But, you can’t get the full amount of both benefits. Instead, your monthly benefit will be capped at the higher of the two amounts. Here’s how it works:
Imagine that you are receiving $1,350/month in Social Security disability benefits when your spouse passes away and you become qualified for survivors’ benefits. You qualify for $1,900 in survivors’ benefits, but you won’t receive that full amount. Instead, you will continue to receive your $1,350 in disability benefits and will receive an additional $550/month in widows benefits to bring you up to the amount of the higher benefit.
Need Help Getting Social Security Disability Benefits?
SSDI benefits provide a crucial source of support for workers who become disabled. But, unfortunately, most claims are initially denied. Working with an experienced disability benefits advocate from the beginning can help avoid common missteps that can delay your claim or lead to denial.
If you’re applying for or have just been granted Social Security disability benefits (SSDI), you may be wondering whether you’ll pay income tax on those benefits. The short answer is “maybe.” Whether or not your SSDI payments are considered taxable income depends on your income. Here’s how the calculation works.
Calculating Income to Determine Whether SSDI Benefits are Taxable
Single SSDI Recipients
If you’re single, you’ll pay income tax on a portion of your Social Security disability benefits if your total income is more than $25,000. But, “total income” here doesn’t actually mean all of your income. It means other income plus 50% of your SSDI benefit. This includes both taxable income and non-taxable interest income.
If you’re single and Social Security disability is your only income, it won’t be taxable–at least, not based on 2023 numbers. The average SSDI check in 2023 is estimated at $1,483/month, or $17,796/year–well below the threshold, even before you cut it in half. The maximum SSDI benefit for an individual is $3,627/month, or $43,524/year. Cut that in half and you have $21,762. So, if you have no income from other sources, your total income is below the threshold and you won’t pay tax on any of your Social Security disability benefits.
But what if you have other income?
Imagine, for instance, that you rent out a home you own for $1,500/month and you receive the average social security benefit of $1,483/month. That’s $18,000 in rental income, plus half of your $17,796/year in SSDI ($8,898). Added together, that’s $26,898–more than the $25,000 threshold. You will be taxed on some of your disability benefits.
Married SSDI Recipients
The threshold for married couples is $32,000–just $7,000/year more than for a single person. So, if you’re married to someone who is still working full-time, you are more likely to owe income tax on a portion of your Social Security disability benefits. In fact, a married couple each receiving Social Security disability benefits at the higher end of the spectrum could owe taxes on a portion of those benefits. For example, if each partner was receiving $3,000/month ($36,000/year), 50% of that income would be $36,000–above the threshold for a married couple.
Calculating Tax on SSDI Benefits
If you’re single and the total of your adjusted gross income, non-taxable interest and 50% of your Social Security disability benefit is between $25,000 and $34,000, you’ll pay tax on half of your benefits. If the total is over $34,000, you’ll pay tax on 85%. If you’re married filing jointly, you’ll pay taxes on 50% of your benefits if total income is between $32,000 and $44,000, and on 85% of your SSDI income if total income exceeds $44,000.
To avoid getting hit with tax debt at the end of the year, you can choose to have taxes withheld from your benefits.
Income taxes are just one of the many complicated issues associated with applying for and receiving Social Security disability benefits. To learn more about how an experienced disability benefits advocate can help, contact us here or call (800) 800-3332.
Understanding Your Social Security Disability Appeals Process
The Social Security disability appeals process includes several steps, each very different from the one before. It’s important that you understand the process and don’t miss opportunities, because most SSDI applications are initially denied. That means the appeals process is your best chance to get disability benefits awarded.
Take Full Advantage of Every Step in the SSDI Appeals Process
One mistake many people make during this process is to treat it as a cursory one, doing only the minimum to move the case along to the next stage of the process. Sometimes, that’s because applicants don’t fully understand the process or don’t know what type of new information would be helpful. This post provides an overview, but your best resource in the process is usually an experienced disability benefits advocate. You have a right to representation in the application and appeals process.
Request for Reconsideration of Your SSDI Denial
When your SSDI application is denied, you’ll have the opportunity to request reconsideration. This stage in the process is just what it sounds like–another decision-maker reviews your application as if it were a fresh application and makes a determination. This is usually the quickest step in the appeals process. It’s also the one with the lowest success rate. That’s partly because of the type of review, but it may also be partly because few applicants take full advantage of the opportunity to provide supplemental information for this review.
Administrative Law Judge (ALJ) Hearing
In the appeal process overseen by the Social Security Administration (SSA), the ALJ hearing is the most complex process, and also the one where a Social Security disability claim is most likely to be approved. This is your chance to interact with the decision-maker and provide more detailed information. You even have the opportunity to bring witnesses. If you are well-prepared and approach this hearing properly, it is your best chance for approval.
Council Review
If you are denied SSDI after the ALJ hearing, you can request review by the Appeals Council. However, the Council declines to review most cases.
U.S. District Court Review
If you’ve exhausted your options with the SSA, you can file a lawsuit in federal court. This is a complicated and time-consuming process compared with the other stages of the appeals process, and is best pursued with the assistance of a Social Security disability lawyer.
A Disability Benefits Advocate Can Help
The SSDI appeals process can be confusing and overwhelming, particularly when you may already be facing obstacles based on your disability. An experienced disability advocate can help ensure that you are presenting the strongest possible appeal. To learn more, contact us here or call (800) 800-3332 right now.
What You Need To Know About Your Disability Benefits Denial
One of the most common questions about Social Security disability benefits is “How long will the process take?” Since most SSDI applicants are denied at the initial application stage, answering that question requires an understanding of the appeals process and how long it takes to move through each stage.
Here’s a rough timeline for SSDI appeals.
The first step in the appeals process is to request reconsideration. This is by far the quickest step. The Social Security Administration (SSA) says it typically takes one to three months to get a ruling on your request for reconsideration. Note, though, that this represents actual time from filing the request to decision. You have 60 days from the denial of your application to request reconsideration. So, the actual time between receiving your denial notice and receiving a decision on your request for reconsideration of disability benefits could be one to five months, depending on how quickly you file. In some cases, it may take longer.
The SSA says it typically takes three to five months to receive a decision on your initial disability benefits application. Many applicants report that it actually takes a bit longer. So, depending on how long you take to request reconsideration and how long it takes to receive a response, you may get a ruling on your request for reconsideration at any time between six months from your original application date to 10 months or more.
The second step is a hearing before an administrative law judge (ALJ). Again, you have 60 days after receiving a decision on your request for reconsideration to request this hearing. The time between requesting this hearing and the hearing date ranges between several months and two years or more. And, that’s just how long you’ll wait for the hearing. A decision from the ALJ may arrive a few weeks or a few months after the hearing.
Depending on how quickly you request a hearing, where you live, and how long it takes the ALJ to make a decision, the time from denial on reconsideration and a determination from the ALJ could be about 10 months or more than two years. For most applicants, it will be more than a year. Add in the time it took to reach this stage and the ALJ decision may come between roughly 18 months and three years after the initial application.
The next step is to request review by the Appeals Council. Sometimes this step is quick, because the Appeals Council declines to review most cases. If the Appeals Council does take up your case, that process may take months or years.
If you get an unfavorable ruling from the Appeals Council or they decline to consider your case, the next step is to file suit in federal court. That is also a long and complicated process.
A Social Security Disability Benefits Advocate Can Help
Because the SSDI appeals process takes so long–and many applicants for disability benefits can’t afford to wait–it’s very important to present the strongest possible application and to take full advantage of the opportunity to present evidence at every stage of the appeal. So, the earlier you get knowledgeable guidance, the better. Contact us or call (800) 800-2009 to learn more about how our experienced disability advocates can help.
If you’ve been denied Social Security disability benefits, you’re in good company. Most people who apply for SSDI are denied at first. Fortunately, a great many of those who stick it out and pursue the appeals process are ultimately approved.
The question of how many times you can go through the appeals process is a bit misleading, as it seems to suggest that you can repeat the process. In fact, there are multiple opportunities within the process, but you only get one chance at each. Here’s how the process goes.
Social Security Disability Appeals Process:
When you’ve been denied SSDI benefits, you can take the following steps:
Request reconsideration – this is a review of your application and supporting documents by the same section that initially denied your claim. A different decision-maker makes the determination, and you can submit additional information.
Request a hearing before an administrative law judge (ALJ) – if your claim is still denied on reconsideration, you can request a hearing. This is a more fully-developed appeal, where you can present witnesses and additional medical information to the decision-maker.
Request review by the Appeals Council – if the ALJ finds against you, you may request Appeals Council review. However, a Council hearing isn’t guaranteed. Only a small percentage of requests are scheduled for a hearing.
File a petition in federal district court – once you’ve exhausted every administrative possibility, you can file a civil suit in federal district court. This is the final step for most applicants whose claims have not been approved at an earlier stage.
Appeal the federal district court’s decision – some applicants who lose in federal court can file an appeal. However, this process requires specific grounds, and this option isn’t available to everyone.
So, in short, there are five possible stages of appeal after an SSDI denial. However, the ALJ hearing has the highest approval rate. That means most applicants never reach the later stages.
An applicant who has been denied disability benefits can apply all over again. Whether or not that is a good idea depends on a variety of factors, including the reason for the denial, how far you got in the appeals process, how much time has passed, and whether there have been changes in your medical condition since you last submitted information to the SSA in connection with your disability claim. Generally, it is better to continue along the appeals process than to reapply, for a variety of reasons. So, it’s essential to talk to a Social Security disability advocate to determine the best avenue to take.
To learn more about how Disability Help Group can help you, contact us or call (800) 800-2009 right now.
