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Social Security

Social Security (SS) has become a general term for a number of related programs-retirement, disability, and dependent(s) and survivor(s) benefits. All of these programs are designed to operate together to provide you and your family with some income when your normal flow of income shrinks because of retirement, disability or death. While the Social Security system does provide a supplement to income, savings, and other assets, it does not provide adequate financial "security."

Each part of Social Security has its own set of rules and payment schedules. However, all of the programs have one thing in common: benefits are paid based on the average wage of all your jobs covered by Social Security.

There are three basic categories of benefits under Social Security: retirement, disability and dependent/survivor benefits. You may qualify for more than one type of benefit. There is no charge for Social Security information, call (800) 772-1213, TTY (800) 325-0778. Social Security publications are also available on the Internet at http://www.ssa.gov.

Will working affect my retirement benefit?

Effective January 1, 2000 workers who have reached full retirement age can work without their benefits being reduced because of the amount of their annual earnings.

Under the provision, your annual earnings affect the amount of your Social Security benefits only until you reach your full retirement age. At that point, you can receive your full benefits no matter how much you earn.

If you are under full retirement age when you start getting your Social Security payments, $1 in benefits will be deducted for each $2 you earn above the annual limit.

In the year you turn full retirement age, $1 in benefits will be deducted for each $3 you earn above a different limit, but only counting earnings before the month you reach the full benefit retirement age.

How do I qualify for retirement benefits?

You qualify for receiving retirement benefits by earning Social Security credits. These credits are earned throughout your working career by paying Social Security taxes and contributing to the Social Security trust fund. You can earn up to a maximum of four credits per year. Most people need 40 credits (10 years of work, not necessarily consecutively) to qualify for benefits. If you were born before 1929 you need fewer credits to qualify. Retirement benefits cannot be paid until you have acquired the required number of credits.

How many credits do I need to qualify?

Ten years of coverage (40 credits) will "fully insure" a worker and family for life, but less than that may also be enough for full coverage depending on when you were born and when you declare your retirement or become disabled. If you don't have enough work credits to be fully insured now, you may be able to work part-time for a while and earn enough extra credits to enable you to reach the "fully insured" status. To find out how many credits you have or how many you need to qualify, contact your local Social Security Administration Office or call Social Security at (800) 772-1213.

What is the maximum credit I can earn in a year?

Four credits is the maximum number of credits you can receive in a year, no matter how much money you earn. Even so, the amount of income you earn over the years is important, because your average wage earned from jobs covered by social security will be used to determine the amount of benefit you will receive.

At what age do I become eligible to collect?

You are eligible to collect Social Security retirement benefits as early as age 62, but people usually retire at 65. Social Security refers to 65 as the full retirement age because it is at this age that full retirement benefits are received by anyone that has sufficient Social Security credits. In the very near future the full retirement age will begin to change for individuals who were born in 1938 and later. Beginning in 2003 the age at which full benefits are paid will increase in gradual steps from 65 to 67. Sixty-seven will be the full retirement age for persons born in 1960 and later.

Can I delay my retirement until after age 65?

You may choose to continue to work beyond your full retirement age. This may increase your Social Security benefits in two ways. First, the extra income may increase your average earnings and ultimately increase your benefits. Second, your benefit will be increased by a certain percentage that is added automatically from the time you reach your full retirement age until you start to collect benefits, or you reach age 70. This rate varies from six to eight percent annually and is dependent upon the year you were born. After you reach age 70 you can no longer receive this delayed-retirement credit.

How do I know how much my benefits will be?

Retirement benefits are typically based upon your taxable earnings averaged over a working lifetime, and the amount of payments you and your employer made into the Social Security Trust Fund. Higher lifetime earnings result in higher benefits. The age at which you begin to collect benefits also affects the amount you receive. The Social Security Administration can prepare a statement of your earnings and estimate your retirement benefits for early retirement, full retirement and retirement at age 70. To receive this information you can contact the Social Security Administration and ask for a "Personal Earnings and Benefit Estimate Statement." The Administration annually mails these statements to individuals 25 and older who do not currently receive benefits.

Do my other pension or retirement benefits affect my social security payments?

Pension benefits that you receive usually do not affect your Social Security retirement benefits. If you worked for an employer that was not covered by Social Security, such as the federal civil service or as a teacher, your Social Security benefits may be reduced.

Social Security Covers Disability

If you suffer a physical or mental impairment that prevents you from holding a job, you may qualify for a disability benefit from Social Security. Just as with other Social Security benefits, the disability benefit is paid to you and your family only when you have enough credits to qualify. Work credits for disability are figured the same way as retirement benefits.

The number of work credits you need to qualify for the disability benefit depends on your age when you become disabled. However, there are special rules for blindness and younger disabled workers.

How do I qualify for disability benefits?

Disability means that you are so severely impaired, mentally or physically, that you can not perform any substantial gainful work. The disability must be expected to last at least 12 months from onset of disability or result in an earlier death. You must have a determination of disability based on medical evidence.

How do I prove that I have a qualifying disability?

When you file your disability claim, you should bring letters from your doctors, hospitals or clinics that describe the medical condition. These letters should also state that your disability is either expected to last, or has lasted 12 months, or that it will result in death.

How long after I am disabled must I wait to apply?

Even though the disability must be expected to last at least 12 months, you don't have to wait for 12 months before applying. Disability benefits begin after a waiting period of five full calendar months from the onset of the disability.

How much will my benefit be?

The amount of your monthly disability check is determined by your age and earnings record. If you receive only a small disability benefit, and you do not have a large amount of savings or other assets, you may be eligible for Supplemental Security Income (SSI) benefits in addition to the Social Security disability benefit.

There is no rule that reduces your disability benefit check by the amount of income you earn while disabled. However, if you earn too much regular income, you might not be considered disabled any longer, and you could lose your disability eligibility altogether.

As a disabled person, do I qualify for Medicare benefits, too?

After you have been collecting disability benefits for 24 months, you become eligible for Medicare Part A coverage, even though you may not be old enough to be covered under the regular Medicare rules. You will automatically receive information about this several months before coverage starts.

How long must I wait to receive the disability benefit?

You must wait five full months from the date your disability begins before payments will be sent. If you delayed submitting your application at least five months, the benefit may begin as soon as the application is processed. There are special situations in which this five-month period will not be necessary. If you qualify for Supplemental Security Income, you may receive that benefit during the waiting period.

What happens if my medical condition improves?

If your medical condition improves, and you go back to work, your disability eligibility will end. Even if you don't go back to work voluntarily, Social Security will review your case periodically to determine whether your condition has improved enough for you to go back to work.

If Social Security decides to end your disability check, you will receive your regular payment for an adjustment period of up to three months.

Will I get a chance to test my ability to go back to work?

Yes. You will be allowed a Trial Work Period to try out some kind of gainful employment while still getting your full disability benefit. You may use up to nine months to test your ability to return to work. During these months, you may keep both the income you earn and your full disability benefits. A month in which earnings exceed $200 generally counts as a month of trial work.

How does Social Security determine that I am able to work and when does the disability period end?

At the end of the trial work period, a decision will be made whether you have been doing "substantial gainful activity." If so, the benefit will terminate after the three-month adjustment period. If not, you will continue to receive disability benefits.

Dependents and Survivors Benefits

Some dependents of insured persons and some survivors of deceased insured persons may be eligible for Social Security. Whether you qualify depends on a number of factors, including your relationship to the disabled, retired or deceased person insured by Social Security.

Who is eligible for family benefits?

Who is eligible for a survivor's benefit?

Does Social Security also cover funeral costs?

If you die, whether you were still working or retired, a lump sum of $255 is payable to a spouse or children under 18 or disabled adult children.

SSI: A Safety Net for the Aged, Disabled or Blind

SSI is short for "Supplemental Security Income." SSI pays monthly checks to people who are aged, disabled or blind and who do not own much or have much income. It is a federal program run by Social Security (SS). SSI is not just for adults. Monthly checks can also be paid to disabled and blind children. Unlike Social Security, you can get SSI checks even if you have never worked or do not qualify for Social Security. You can even receive SSI checks in addition to the Social Security benefit. There are certain rules you must meet to be eligible for SSI. Being eligible usually means you can receive SSI checks.

Who can receive SSI benefits?

Any person age 65 or over, or a person who is disabled or blind, and who also is in need of financial assistance, can receive SSI. SSI benefits are paid only to you. Your dependents or survivors cannot qualify for benefits.

How do I become eligible?

If you fit into one of the above three categories, you must then meet the needs test, which has two parts: an income test and a resource test.

What are the requirements of the income test?

Your monthly income must be below the maximum SSI cash benefits. Income includes: money you earn from work; money you receive from other sources such as Social Security, pensions, Veteran's benefits, friends and relatives; and food, clothing, or shelter that you receive per month, value of food stamps, income tax refunds and home energy assistance.

What are resources?

Resources are things you own such as:

What is the allowable resource limit?

The limit for countable resources is:

Certain resources are not counted toward this amount, such as your home, personal property with total equity of $2,000 or less, your car (if worth less than $4,500 or meets a need), $1,500 cash value of life insurance or a prepaid burial contract.

If I don't pass the resource test, can I still qualify for SSI?

It is still possible for you to qualify for SSI benefits, even if your countable assets appear to be over the limits. You can begin to receive SSI payments if you agree to sell (or spend) enough of your property to bring you under the limits within a certain time period.

What is the SSI definition of "disabled adult"?

If you are basing your claim for SSI benefits on disability, you must also meet the standards for being disabled. You must have a physical or mental impairment that prevents you from obtaining substantial gainful employment and the disability must be expected to last 12 months or result in death.

What is the SSI definition of "blind, any age"?

Vision of 20/200 or less in your better eye with best correction or your visual field is 20 degrees or less, even with correction.

What affects the amount of SSI payment I receive?

Basic benefits under SSI are monthly cash benefits. The amounts change each January to reflect increases in the cost of living. You may have your benefits reduced if your income exceeds the limits established for this program. If you live in a public or private health facility, and Medicaid is paying more than one-half the cost of your care, your SSI payment is limited to not more than $30 per month.

Because of the many requirements you must meet in order to receive SSI, it is important that you immediately notify your caseworker of any changes in income, resources, marital status, household or living arrangements.

When I qualify for SSI, are there other benefits that I should know about?

Those who qualify for SSI may be eligible for other benefit programs. You will be eligible for Medicaid, and you may receive homemaker services, rehabilitation services, in-home care and food stamps. If a financial emergency exists, you may be able to get an emergency advancement payment from the Social Security office.

Applying For and Receiving Social Security and SSI Benefits

General questions about claims and benefits for all Social Security and SSI programs can be answered over the telephone. Social Security has a toll-free number, (800) 772-1213, which you may call in addition to your local Social Security office.

Remember to always make a formal written claim for every benefit to which you think you may be entitled. The only way to fully protect your rights to claim a particular benefit or to appeal the denial of a benefit is to make a written claim and receive a written decision.
Among the papers you may need when you apply are your Social Security card, proof of age, citizenship or alien status records, proof of income and resources, proof of living arrangements, and doctors' names and addresses if applying for disability benefits.

When you submit papers to the Social Security office, always attach your claim number to each paper you submit and always keep a copy of every form paper or document you submit. The Social Security Administration needs to see original documents.

Can I have my Social Security benefit deposited directly in my bank?

Yes. It is easy to arrange for checks to be deposited directly into your bank, savings and loan association or other financial institution. Ask your financial officer how direct deposits are handled and if there is a charge for the service. There is a form to be filled out from the Social Security Administration in order to authorize direct deposit.

If I am unable to handle my financial affairs, can I have someone do it for me?

Yes. If you are unable to handle your financial affairs, a relative, friend or nursing home can request that your benefit payment be made to them, as a representative payee. This request must be accompanied by positive evidence of your inability to manage your funds, usually in the form of a doctor's statement.

Will I have to pay taxes on Social Security income?

Although SS benefits are tax-free for most people, those with high total incomes may have to include up to one-half of the SS benefit for income tax purposes. The income levels are $25,000 for a single person, and $32,000 for married couples filing joint returns.

Can I appeal a decision by the Social Security office?

Social Security will notify you in writing whether or not your application or claim has been approved, how much you will receive, and when you will get your first check. If your claim has been denied or if your claim has been accepted for lower benefits than you think you are entitled to, you have a right to appeal the decision.

In many cases you will not need assistance in preparing or presenting your appeal, particularly early in the stages of ppeal. But if your appeal is complicated, and particularly if it involves medical issues, you may want to get some advice or even formal legal representation. You are entitled to have a lawyer or non-lawyer representative with you at all stages of your appeal.

How do I appeal if my claim for benefits is denied?

Step one:
The first formal step is to file a written request for reconsideration of the initial determination of your claim. At this stage there is no formal hearing or opportunity to make an appeal in person to the Social Security worker.

Step two:
If you disagree with the reconsideration decisions, you may file a written request for a formal administrative hearing; the request must be made within 60 days. Also, you have the right to examine your file at the Social Security office to see that all the papers you have filed are in the file. An administrative law judge will preside, and everything that is said or done in the hearing will be recorded. You may present any evidence you would like the judge to consider.

Step three:
If your appeal is denied by the administrative law judge, your next step is to file a written appeal for a Social Security Administration Appeal Council review.

Step four:
The last step available after exhausting all of the Social Security appeals procedures is to bring a civil lawsuit against the Social Security Administration in federal district court.
If you win your appeal at any of the four steps, the changes will be effective from the date of your application, reduction or termination.

Railroad Retirement

The Railroad Retirement system provides retirement, disability, and survivors' benefits under rules approximately the same as for Social Security.

How do I qualify for benefits?

You must have a minimum of 10 years employment on the jobs covered by the Railroad Retirement system to be eligible for retirement benefits. If you do, you may claim retirement at age 65. You may also take early retirement at any time between age 62 and 65. However, early retirement means permanently reduced benefits. If you have 30 or more years employment in covered railroad jobs, you are eligible for benefits at age 60.

What are the disability benefits under Railroad Retirement?

There are two types of disability benefits under the Railroad Retirement Act, occupational disability and total disability. Both require a five-month waiting period before the benefits will begin.

Can my spouse also qualify for benefits?

Yes. If you are receiving benefits due to retirement, your spouse may also be eligible for an annuity. The age at which your spouse can begin receiving benefits depends on your age, date of retirement and number of years of railroad service. An annuity may also be payable to your divorced spouse if the marriage lasted at least 10 years, both of you are 62 or older and your ex-spouse has not remarried at the time the application is made for benefits.

Can my survivors also collect on my benefits?

Annuities are also payable to widows, widowers and unmarried minor children. In certain cases, benefits are also payable to parents, remarried widow(er)s, grandchildren and surviving divorced spouses. With the exception of a lump-sum residual death benefit, eligibility depends on whether or not the worker was "insured" under the Railroad Retirement Act at the time of death.

A worker with at least 10 years railroad service and who worked in at least 12 of the last 30 months preceding death is "insured." If you do not meet these qualifications, your work records are transferred to the Social Security Administration for determining survivor benefits under that program.

How do I apply for Railroad Retirement benefits?

Application for benefits may be made at the local office of the U.S. Railroad Retirement Board. The phone number for the Kansas office in Wichita is (316) 687-5973 or if you are a northeast Kansas resident call (816) 426-5884, Kansas City, Missouri. Visit the website http://www.rrb.gov.

What do I do if I don't agree with the bureau's decision?

If you want to challenge the decision, you must ask for reconsideration. If you are not satisfied with the decision on the reconsideration, you may appeal to the Bureau of Hearings on Appeals. If you do not agree with the decision of the appeals referee, you may appeal to the three-person Board.

Company Pensions

Since passage of the Employee Retirement Income Security Act (ERISA) in 1974, workers have been given some protection in regard to pension plans offered by companies in the private work force. ERISA sets minimum standards for pension plans, guaranteeing that pension rights can't be unfairly denied or taken from the worker. ERISA also provides some protection for workers in the event certain types of pensions plans cannot pay all the benefits to which you are entitled.

Do I have a right to know how my pension plans works?

One of the good things ERISA did was ensure that you can find out how your pension plan works and the benefits to which you are entitled. For example, you must be provided with a "Summary Plan Description" (SPD) within 90 days after qualifying as a participant in the plan. You may also get an updated Summary Plan Description at any time at the personnel or pension office where you work.

Can I review my personal pension benefit account?

How do I claim my pension benefit?

ERISA also established some rules which must be followed when you retire and want to claim your benefits. All pension plans must have an established claim procedure. Check your pension plan for the specific steps you must take.

How can ERISA protect me if I have been unfairly treated?

If you think you have been unfairly denied benefits, have been denied information about the plan, are adversely affected by a change in the plan, or are concerned the plan has been improperly managed, the rules of ERISA may help you. It is even possible to file a federal court lawsuit to enforce any provision of ERISA not being followed by your company's pension plan.

Kansas Veterans and Spouse/Dependent Child Benefits

The Kansas Commission on Veterans Affairs offers many services for Kansas veterans, spouses, widows/widowers, mothers, fathers and dependent children. Some of these benefits are:

General Assistance protects persons not eligible for any other public assistance

General Assistance, (GA), is a state-funded program for persons in need who are not eligible for any other public benefits. To qualify, your non-exempt income and other resources must be insufficient to meet your financial needs and you must meet one of the following criteria:

Who may qualify for GA?

Assistance is limited to persons with severe physical disabilities that are expected to last 12 months or longer, prevent gainful employment, and are not controllable within the 12-month period by medication, surgery, or other treatments. (A complete listing of qualifying disabilities can be obtained at the local SRS office.) Persons who stay at home to care for another family member who meets the disability criteria above and where such condition does not permit self-care may also qualify for GA.

Will the amount of my income and resources affect my eligibility?

Yes. There are limits on both the amount of income and amount of resources you may own. Gross income cannot exceed 185% of an established need standard. Resources not included in your eligibility determination include your home; $1,000 of assets; all motor vehicles; and household equipment and furnishings, personal effects and tools.

Once I qualify, how is the amount of my GA benefit determined?

Cash payments are based on a predetermined allowance for basic needs and shelter. The number of persons eligible for assistance in your household is used to determine the cash payment you will receive.

Further information and assistance in applying for benefits can be obtained from your local Social and Rehabilitation Services (SRS) office or Area Agency on Aging (AAA). As food costs continue to rise, many older citizens on fixed incomes have difficulty obtaining the food necessary for a proper diet. The Food Stamp Program is a federal program administered by the state Social and Rehabilitation Services (SRS) offices. It may help you stretch your food budget. Food stamp benefits in Kansas are provided electronically. You will be issued a Vision card that must be used to get your benefits each month.

How do I qualify for food stamp benefits?

You may qualify for food stamp benefits if you:

Are there income and resource requirements that I must also meet?

As with all financial assistance programs, you must meet certain income and resource requirements. Income is the money you receive on a regular basis, such as wages, Social Security, and SSI. But not all of this income is counted toward the income limits. Deductions are taken for 20% of your earned income, actual cost for care of your dependents, and shelter costs (including utility costs) that exceed certain limits.

If your household contains at least one person who is either 60 or older or disabled, there may be additional deductions for medical expenses.

What items are regarded as resources that must be taken into account?

The term resources includes money and other assets that you own, such as savings, stocks, property and cash-on- hand.

What items are exempt and are not counted as resources?

The following items are exempt: your home and surrounding lot, household goods, and personal belongings, life insurance policies, burial plots, and all vehicles.

Your household may have up to $2,000 of countable resources. If there is one member of the household at least age 60, you may have $3,000 of countable resources.

There are special provisions for recipients of Supplemental Security Income (SSI) benefits. The resources of SSI recipients will not be used in calculating their eligibility for the food stamp program. In addition, the gross and net income limits do not apply to households in which all members receive SSI benefits.

How do I apply for food stamp benefits?

To apply for food stamp benefits, contact the SRS office nearest you. If you are applying for or receiving Supplemental Security Income (SSI), you may apply for food stamps at your Social Security District Office.

The food stamp office will give you an application the same day you come in, or will mail an application to you the same day you telephone or write to the office. If you are at least 60 years of age or disabled and cannot go to the office or find someone to go for you, let the office know. The worker may be able to interview you by telephone.

How long must I wait to receive food stamps?

If you qualify, you will receive food stamps no later than thirty days from the date your application was received. You may be able to get food stamps within seven days if you have little or no income, your rent and utilities are more than your income and resources or you are a migrant or seasonal farm worker.

What determines the amount of food stamp benefits that I may receive?

The amount is determined by the Department of Agriculture's estimate of how much it costs to provide your household with nutritious but inexpensive meals. Taken into consideration are the number of people in your household and the amount of monthly income left after deductions.

How do I appeal if my food stamp application is denied?

If you think your application has been wrongly denied or that you haven't received the correct amount of benefits, you should notify the food stamp office. If the office's decision is not in your favor, you may request your case be reviewed by a fair hearing official. Your request may be made in writing, by phone or in person.

What are my rights under the food stamp rules?

You have the right to examine your own case file and a copy of the food stamp program rules. And, you have the right to be notified in advance if the food stamp office is going to reduce or end your benefits.

In some cases you can continue to receive food stamps without change while you are waiting for the hearing decision. If the decision is not in your favor, you will be asked to repay the value of any stamps you were not entitled to receive.

Emergency Food Assistance Program

Am I eligible to receive commodities?

The maximum income limit to receive commodities under The Emergency Food Assistance Program (TEFAP) is 130% of the federal poverty level (the same as for food stamps). This income test takes into consideration the number of people in your household and the amount of gross monthly income.

What commodities are available to recipients?

TEFAP commodities include a variety of canned products, such as fruits, vegetables, juice, peanut butter, and meat, as well as other products, such as nonfat dry milk, instant potatoes, trail mix, dried fruit. Products vary depending on availability in the agricultural market.

Where can I apply for and pick up commodities?

The location of participating organizations and commodity distribution dates may be obtained from local helping agencies. If you do not know where the commodities are distributed in your community, contact the local Social and Rehabilitation Services (SRS) office.

How often are commodities available?

TEFAP commodities are shipped approximately four times a year to local nonprofit organizations and food banks which notify the public regarding the time and place the commodities will be distributed.

Low Income Energy Assistance Program (LIEAP) can help pay your heating bills

LIEAP is a federally-funded program that helps eligible households pay a portion of their home energy costs.

How do I qualify for assistance?

In order to qualify, applicants must meet the following requirements:

How much assistance can I receive?

Benefit levels vary according to household income, number of persons living at the address, type of dwelling, type of heating fuel, utility rates, and the amount of federal funds available.

How do I Apply?

The application period is from mid-January to the end of March each year. To request an application or more information about LIEAP, contact your local helping agency, participating vendor, local Social and Rehabilitation Services Office (SRS), or call the toll-free hotline at (800) 432-0043.

What is the Kansas Weatherization Assistance Program (KWAP) and how can I apply?

The Weatherization Program assists low-income households with home repairs that will help lower their energy bills. To request an application or additional information, please call the Housing Information Line at (800) 752-4422.

Where Can I Find Current Income Guidelines Information Regarding LIEAP and KWAP?

http://www.srskansas.org/ees/lieap.htm

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