Social Security for Retirement and Survivors

This section offers information on a variety of issues related to Social Security. From how to apply for benefits, how early or late retirement will affect your Social Security payments, and who might be entitled to your benefits should you pass away.

You’ll find in-depth information on the types of Social Security benefits available, including retirement and disability benefits. Learn how to file for benefits and contest a denial, how your pension and other retirement income impacts payouts, and how to understand your Social Security taxes and benefit statements.

If you’re approaching retirement age or planning for your future, you’ll want to know how to have an income when you retire or otherwise can’t work anymore. Understanding Social Security can provide some peace of mind.

Social Security provides retired workers with a continued income after retirement. It can also provide important benefits to people with disabilities and dependents of a deceased worker.

FindLaw’s Social Security guide can help you understand the Social Security system. But some people may encounter complex issues with their benefits or retirement planning. For these situations, you should consider hiring a lawyer near you with experience in Social Security law.

What Are Social Security Retirement Benefits?

Once you reach the age range for retirement, you can claim monthly benefits from the Social Security Administration (SSA). These benefits are part of the Old-Age, Survivors, and Disability Insurance (OASDI) program.

How much you receive in benefits largely depends on how much money you were able to pay in Social Security taxes during your working life. To qualify for benefits later in life, you have to pay into the system, usually through working ten years or more. Your retirement benefit amount will also be influenced by your work history.

Your benefits’ size and availability can be impacted by a number of other factors as well, such as whether you take early, full, or late retirement. Full retirement age is between 62 and 67, depending on when you were born and how long you worked.

Claiming benefits before your full retirement age can result in lower benefit payments. Delaying retirement until age 70 may result in much larger monthly payments. This reduction or increase can last for the rest of your life, so it’s wise to choose your timing carefully.

If you continue to work while collecting benefits, you should be aware of the earnings limit each year. Once you earn income up to the limit, your additional earnings can reduce your Social Security benefits. Once you reach your full retirement age, this reduction no longer applies.

What Benefits Can Survivors Claim After Losing a Loved One?

Even those who haven’t worked a full ten years may be entitled to Social Security benefits in certain situations. Social Security can also provide benefits for dependents and survivors of a deceased worker.

Social Security survivor benefits are monthly payments, usually to the decedent’s surviving spouse and dependent children. The SSA can also offer this benefit to a dependent parent of the deceased worker. Even a divorced spouse may qualify depending on the length of their former marriage.

Surviving family members can collect these benefits while continuing to work. But if they are younger than their full retirement age, the SSA will reduce the payments until then.

The SSA also pays eligible family members a lump-sum death benefit after losing their loved one. This one-time benefit is relatively small, so beneficiaries often also seek survivor benefits, which provide monthly support.

Looking for Disability Benefits?

Workers who have paid into Social Security and become disabled before retiring may be able to collect Social Security disability benefits. You could qualify for benefits through the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) programs.

Disability benefits have a few distinct differences from other Social Security benefits, such as the medical eligibility requirements. People who apply for Social Security disability typically need to show medical records and or a letter from a doctor in order to prove they can no longer work.

FindLaw offers more information in the Social Security Disability Law section.

What To Do if Your Claim Is Denied

If you apply for Social Security benefits and your claim is denied, you aren’t alone. Over half of Social Security applications are initially denied. Many of these are later approved on appeal. Social Security has an established appeals process, and you have the right to the aid of an attorney throughout.

When To Get Legal Help for Social Security Benefits

You can find basic information about benefits on SSA.gov or through your local Social Security office. Yet, you might need more help to understand the information or resolve a specific issue. In these cases, seek guidance from a Social Security and retirement attorney.

Here are some potential reasons you may want to call a lawyer:

• You want to build a strategy for timing your benefits with pension distributions or withdrawing from your retirement accounts.
• Your application for benefits was denied and you want to appeal the decision.
• You’re getting a divorce or remarrying and want to ensure your family benefits and assets will be protected.
• You want to make a holistic plan for your family’s future, including benefits, tax planning, Medicare eligibility, and estate planning.
• You recently lost your loved one and feel overwhelmed with the next steps.
• You need extra assistance to correct an error in your Social Security account or resolve another type of dispute with the SSA.

Social Security benefits are only one part of retirement. But how and when you claim benefits can have a permanent effect on the total amount you receive during your lifetime.

A lawyer can help coordinate the many aspects of your financial planning. Your attorney will clarify the complex rules and considerations for your personal circumstances. You can get their advice to ensure you won’t overlook any opportunities or risks.