Ask Mary Jane
Social Security/Disability

Q. I receive social security disability but was claimed as a tax dependent. If that person passes away and I'm no longer claimed as their dependent will my Social Security disability rise or will it remain the same.

A. Being claimed as a dependent on someone's tax return has no affect on your Social Security benefits. Depending on the type of benefit you are receiving, the death of a parent might or might not affect your Social Security disability benefits.

If you are receiving your own Social Security Disability Insurance (SSDI) benefit based on your personal earnings record, the only increase is annual cost-of-living adjustments (COLAs). In that case, a parent's death will not affect your benefits.

If you are receiving a Social Security Disabled Adult Child (DAC) benefit based on a parent's Social Security earnings record, it would increase upon the death of the parent. A dependent child receives a maximum of 50 percent of the parent's full benefit. A surviving dependent child receives up to 75 percent of the parent's full benefit.

Q. I just filed an SSDI appeal because my first attempt was denied. If I do get SSDI will I be dropped from SSDI and put on SSI when I turn 62 this August?

A. No. Social Security Disability Insurance benefits are determined as if the wage earner has already reached retirement age. If approved for Social Security Disability Insurance (SSDI), your disability benefit would remain payable until the month you reached full retirement age. At that time, your disability benefit would automatically convert to a Social Security retirement benefit. The conversion, in effect, is simply a bookkeeping adjustment at Social Security Administration headquarters. Disability benefits are paid from the Disability Insurance Trust Fund and Social Security benefits from the Old Age and Survivors Insurance Trust Fund.

When you reach age 62, if you wish to have benefits begin, you may apply for reduced early retirement benefits even though you are waiting for a decision on your disability benefit application. If your disability benefit claim is subsequently approved, the early retirement reduction will be removed for any month you were entitled to a disability benefit.

Social Security is not SSI. SSI is Supplemental Security Income - an assistance benefit for aged, blind or disabled individuals with little or no income or resources.

Q. I am currently in remission, with a diagnosis of ovarian cancer. I would love to return to my former career as a freelance writer and editor. However, I am currently on Social Security Disability Insurance and will soon be eligible for Medicare. It's tough enough to earn a living as a freelancer. Yet, if I go back to work (after my trial work period, etc.) and earn over $1,000 per month, I not only risk losing that income, but ultimately Medicare. Is there any possibility of someone in my situation remaining on Medicare, even if I risk losing my monthly SSDI check for the "privilege" of trying to earn an income without reentering a daily 9-5 grind?

A. Fortunately, your Medicare will continue for quite some time, even if you no longer receive cash benefits. Continuation of Medicare for at least 93 months after the end of a nine-month trial work period is one of the most important features of the work incentives the law provides to encourage disabled individuals to attempt to work. For more information see the Social Security Administration issue brief Working While Disabled. You can find it at http://www.socialsecurity.gov/pubs/10095.html .

In 2011, monthly earnings of $720 or more will constitute use of a trial work month. The monthly 2011 Substantial Gainful Activity level is $1,000.

Q. Recently I had my Social Security disability hearing with the ALJ. When I filed my claim back in 2007, the Social Security Administration gave me an estimate of the amount that would be paid to my dependent children. If my case is approved, when they calculate my back pay will they also give me back pay for the children? At the time I originally filed all were under 18 and in school. The last one graduated this past June.

A. The fact that your children are no longer under 18 does not cancel their right to dependent benefits for any months they were eligible. If your Disability Insurance claim is approved, you and your children will be entitled to monthly benefits beginning with your sixth full month of disability.Because your children are now over 18, individual retroactive benefits will be paid directly to each.

Q. I am 50 years old and have been on Social Security Disability Insurance for two years. I can't get any benefits for my daughter, who is 14. I receive $621 in SSDI benefits and don't qualify for SSI because my husband is working. I have been a stay at home mom or just worked part-time before my disability. When I called SSA they said my daughter won't get any benefits because $621 is my maximum and there aren't any more funds left for my daughter (based on my past work history). I thought children of disabled parents were entitled to get half of the SSDI amount.

A. Ordinarily an eligible dependent of a Social Security recipient is entitled to a Social Security dependent benefit. However, with Disability Insurance, dependent benefits may not be payable.

There is a family maximum amount payable on any wage earner's Social Security earnings record. For the most part, higher average earnings over a working lifetime provide a higher family maximum. For retirement and survivor benefits, the family maximum ranges from 150 to 180 percent of the wage earner's benefit (i.e. the wage earner receives the 100 percent; eligible dependents receive the percentage provided by law or equally divide the maximum payable). Social Security amendments enacted in 1980 reduced the family maximum for Disability Insurance benefits to 80 to 150 percent of the wage earner's benefit. In your case, the 100 percent benefit payable to you as a wage earner is equal to or possibly even greater than the family maximum based on your earnings history. As a result, no benefit is payable to your daughter.

Q. I receive Social Security Disability Insurance. I want to invest in the stock market. How do investment earnings affect my disability benefit? I have been told not to report this money because it is not earned income.

A. No Social Security benefit recipient needs to report investment income. Only income from work activity affects eligibility for disability or retirement benefits.

Q. My dad has emphysema that has progressed. He also has had a collapsed lung. He has been in and out of hospitals and is now on oxygen full time. Is there any possibility that he would be approved for social security? He is 59 years old.

A. If your father thinks he is disabled, he should apply for benefits as soon as possible. An application for Disability Insurance benefits should be filed at his local Social Security office. If he is unable to go to the office, arrangements can be made to file the application over the telephone. The local office will assemble evidence of his medical evidence of his condition and forward it to your State Disability Determination Service (DDS). The state DDS is the agency responsible for making the disability decision.

Q. I'm 59 and have been on Social Security disability for five years. My caregiver's husband was disabled in an auto accident. Being a man who did not want handouts he thought he could go back to work and make a living. After years of struggle he finally tried for his disability and has run into roadblock after roadblock. Can you give me some information to get him on the right track? Disability lawyers don't want to take his case.

A. You do not specify the kind of roadblocks your caregiver's husband has encountered in qualifying for Social Security Disability Insurance. However, in addition to the need to meet Social Security disability criteria, a disabled worker must have sufficient recent Social Security work credits to receive benefits. Basically, he needs to have worked for at least 5 of the last 10 years in order to be insured for disability benefits.

But assuming he has worked enough to be insured for disability, the most important thing is for him to continue to pursue his application. If he's already received a denial on his application, he needs to appeal. If he has an appointment to appear before one of SSA's administrative law judges, he should have a lawyer present his case.

Sometimes it can be difficult to find an attorney, but there are many law firms now who specialize in helping people get Social Security disability benefits. If he hasn't found one, he should call the local Social Security office. They can help your caregiver's husband find legal representation if he has been unsuccessful doing so himself.

Q. My 52-year-old sister-in-law is in bad health. Her doctor told her to apply for disability but she has not worked for about 20 years. She quit work to take care of a disabled daughter. Can a wife with a health problem draw disability on the husband's work history?

A. Receipt of Social Security Disability Insurance benefits, essentially, is limited to wage earners whose disabilities force them to leave the paid work force. To measure pre-disability attachment to the work force, Social Security law looks at recent work credits. To be eligible, a disabled individual needs at least five years of Social Security credits in the ten years ending when disability begins.

Your sister-in-law will be eligible for a spouse benefit at age 62 if her husband has begun his benefit. Should she be widowed before that time, she could be immediately eligible for a widow benefit. Disabled widows can begin widow benefits as early as age 50.

Q. I will be 62 in March. I have a child who has been disabled since birth. He began to receive SSI benefits when he turned 18. When I start Social Security, will I get extra money for him?

A. When you are eligible for a Social Security benefit, your disabled child will be eligible for a dependent benefit on your record. However, because SSI is an assistance benefit based on need, your child's SSI will likely be reduced when he becomes entitled to Social Security.

You might find helpful the Social Security Administration publication "Understanding The Benefits." This issue brief gives a good description of dependent benefits for family members. Go to http://www.socialsecurity.gov/pubs/10024.html . Click on Family Benefits.

Q. I am about to receive monthly Social Security disability benefits. Since March of this year, I have received a small retirement check from the California State Teacher's Retirement System. Will my teacher's retirement affect my Social Security disability benefits?

A. Your Social Security benefit may be subject to the Social Security Act's Windfall Elimination Provision. This provision requires the use of a reduced calculation method for determining Social Security when a wage earner has also earned a pension from non-Social Security covered employment unless he or she has at least thirty years of substantial Social Security earnings.

Social Security Administration fact sheets about the Windfall Elimination Provision can be found at http://www.socialsecurity.gov/retire2/wep-chart.html , http://www.socialsecurity.gov/pubs/10045.html#amount , and http://www.socialsecurity.gov/retire2/anyPiaWepjs04.htm

Q. Will a person who is only 30 and hasn't worked enough to earn their 40 credits draw the same amount as a person who has worked their whole life and earned their 40 credits?

A. Yes. Although the 40-quarter test is standard for older workers, there is a more lenient insurance requirement for younger workers. Disability Insurance benefits to a disabled worker can be paid based on as little as 18 months of work in Social Security covered employment. A 30-year-old disabled worker, for example, could receive Social Security Disability Insurance benefits based on this more lenient test. And, upon the wage earner's death, dependents could receive survivor benefits if the wage earner had four-and-a-half years of earnings. Basically, the calculation for disability or survivor benefits is identical to that used for retirement benefits.

Q. I am 60 years old and on Social Security Disability; my husband is dying of a terminal illness. Will I still receive my disability payments or a portion of my husband's benefit, which is greater?

A. Should your husband predecease you, you will continue to receive your own Social Security Disability Insurance benefit. To your own benefit will be added the difference between your own benefit and the benefit your husband would receive if still alive. The widow portion would be reduced for any months you are less than full retirement age when widow benefits begin.

Q. I was disabled when I applied for social security at age 62. Should I have been given the whole amount of social security instead of the reducedamount I now receive? What can I do now?

A. Social Security Disability Insurance beneficiaries receive their full benefit. If you are receiving a reduced benefit, it is because you applied for retirement rather than disability benefits. If you are between the age 62 to age 66, you might still be able to see an increase in your Social Security by applying for disability.

You should discuss your options with people at your local Social Security office. They can help you figure out whether you would be able to increase your benefit by applying for disability benefits. Generally, this is a simple straightforward decision. However, if you have children on your record who are under age 16, you may want to defer applying for disability until the youngest child turns age 16.

Q. I have been on social security disability since September 2002. I will reach full retirement age in October 2011. Will the amount of social security disability benefits I am now receiving remain the same or will I be entitled to some different rate? A. When your Disability Insurance benefit was initially processed, your monthly benefit amount was determined as if you had reached retirement age on the date you became disabled. Because of your disability, you are already receiving your full benefit.

A. The only change that will take place the month you reach full retirement age is that your Disability Insurance benefit will automatically convert to a retirement benefit. Disability benefits are paid from the Disability Insurance Trust Fund; retirement benefits are paid from the Old Age and Survivors Insurance trust fund. The change is essentially an in-house bookkeeping adjustment. It won't affect the amount of your benefit.

Q. My girl friend is on Social Security. We want to get married. How will this affect my girlfriend's income? Can she still get Social Security if we get married?

A. The answer to your question depends on the type of benefit your girlfriend is receiving. Marriage or remarriage never affects an individual's right to his or her own Social Security benefit whether it is a retirement benefit or a Disability Insurance benefit.

If your girlfriend is receiving a Social Security benefit as a dependent child or Disabled Adult Child of a deceased, retired or disabled parent, marriage is likely to cancel her right to a benefit. In general, a child who marries is no longer a parent's dependent.

Marriage also affects Supplementary Security Income (SSI) benefits. SSI is not Social Security. It is an assistance benefit based on need. When an SSI recipient marries, the income and resources of both husband and wife must be counted in determining need.

Prior to marriage, you and your girlfriend may wish to schedule an appointment at your local Social Security office to discuss her current benefit and how marriage might affect that benefit.

Q. I am a 52-year-old male with multiple health problems. I have just applied for SSI and would like to know what I might expect. I have been on long-term leave for two years and was just relieved of my employment. I am uninsurable for health and medical insurance. COBRA is too expensive to afford. I will not be able to afford my doctors visits or medications. Can you help me with some needed advice?

A. Did you apply for Social Security Disability Insurance (SSDI) benefits based on your Social Security earnings record or for Supplementary Security Income (SSI)? SSI is an assistance program for persons with little or no income or assets. Perhaps you applied for both.

Individuals who qualify for SSI generally become immediately eligible for Medicaid. Medicaid is a joint Federal-state program of medical assistance to persons unable to afford the medical care they need. Application for Medicaid is made through your local Medicaid agency.

Individuals who qualify for Social Security Disability Insurance (SSDI) become eligible for Medicare in the 25th month of benefit payment. No medical benefits are available earlier unless the individual also is eligible for Medicaid.

Q. I am retired on disability and receive SS Disability. Will my wife receive the same benefit amount that I will be receiving at the time of my death?

A. When you were approved for Social Security Disability Insurance benefits, your benefit was calculated as if you had already reached retirement age. A benefit to your widow will be calculated the same manner as the widow of any other Social Security retiree.

If your wife is full retirement age or more before being widowed, her widow benefit will be the full benefit you would receive if still alive. If she is less than full retirement age, her widow benefit will be reduced for each month of early retirement. A widow who begins receiving a widow benefit at age 60, for example, receives 71.5 percent of her deceased husband's full benefit.

Q. I want to know how much I can keep from my monthly Social Security and VA Disability if I go back to work and start making some money? I am 67. How much can I make and still keep if I work?

A. The Social Security annual earnings limitation for receipt of benefits was repealed in 2000 for persons already full retirement age. You may earn whatever you like or whatever you are able to earn. Your earnings will not affect your monthly Social Security benefit.

How earnings might affect a benefit from the Department of Veterans Affairs depends on the type of benefit you are receiving. If you are receiving compensation for a service-incurred injury or disease, earnings have no effect whatsoever. However, if you are receiving a pension benefit, each dollar of earnings may offset a dollar of benefits. A veteran's pension is an assistance benefit based on need. For further information, call your county Veterans Service Officer or the Department of Veterans Affairs at 1-800-827-1000 . Information also can be found at the Department's web site. Go to http://www1.va.gov/opa/publications/benefits_book.asp

Q. I am 52 and currently receive Social Security Disability (permanent). My ex-husband of 14 years is 66 and drawing Social Security. When I am of the age to draw Social Security, am I entitled to 1/2 his benefit and what happens to my Social Security Disability benefit (now $492/month)?

A. At age 62, you will be eligible for whichever is greater - your own Social Security benefit or a spouse benefit based on your former husband's Social Security earnings record. Your age-62 spouse benefit will be 35 percent of your former husband's full benefit. Any spousal benefit payable will be reduced for the months you are less than full retirement age at the time your spouse benefit begins.

Because you are disabled, should your former husband predecease you, you will be immediately eligible for a surviving spouse benefit (i.e. widow benefit). As a widow, you will continue to receive benefits on your own record plus an additional payment on his record so that the total you receive will equal the full benefit he would have received if still alive. If you are less than full retirement age when widow benefits begin, the widow portion of your benefit must be reduced for months of early retirement.

Q. I am currently collecting Social Security disability payments. I also receive benefits for my wife and stepson. My wife is a homemaker but is thinking about reentering the job market. How will this affect my benefits and my dependents' benefits?

A. Your wife's income cannot affect your benefit or your stepson's benefit.

There is a family maximum benefit payable on any wage earner's Social Security earnings record. For Disability Insurance benefits, that maximum is one and a half times the wage earner's benefit. The wage earner always receives his own benefit. Eligible dependents divide the balance between them. Whenever one dependent becomes ineligible, the amount payable is reapportioned between remaining eligible dependents. Since each eligible dependent is entitled to up to 50 percent of the wage earner's benefit, the disability benefit family maximum is reached with even one eligible dependent.

Simply put, if your wife enters the labor market at earnings that offset her share of the benefit payable, there will be no change whatsoever in the total amount the family receives until your stepson reaches age 18 - age 19 if he is still in high school.

Q. I receive Social Security Disability and Workers Compensation. Workers Comp has refused/delayed authorizing treatment and prescriptions. Therefore, I am considering requesting a settlement instead of the monthly checks. I am completing a 6-week clinical program. I have been told that there is no cure for my condition and I can self-manage it without Doctors, etc. They have done all they can. Will a Workers Compensation settlement offset my Social Security Disability? Will it affect my Medicare? Many thanks.

A. How a lump sum Workers Compensation settlement affects Social Security depends on the nature of the settlement. Compensation for lost wages affects Social Security. Compensation awarded for future medical expenses or attorney fees does not affect Social Security.

Social Security Disability Insurance and Workers Compensation combined cannot exceed 80 percent of pre-disability earnings. Social Security is reduced if combined benefits exceed the 80 percent cap. A lump sum award is prorated as if it were a weekly benefit. The reduction in Social Security continues until the offset is completed or until you reach full retirement age. Alternatively, you could end the offset by applying for reduced early retirement benefits instead of disability benefits.

You cannot lose Medicare by accepting a lump sum Workers Compensation settlement. Talk to your Medicare intermediary about how future injury-related medical expenses will be handled.

Q. I get SSI. I am eligible for a Disabled Adult Child's benefit on my dad's Social Security retirement check since I was disabled before the age of 22. Will the dependent child benefit affect my SSI?

A. Yes. Supplementary Security Income (SSI) is an assistance benefit based on need. Its purpose is to "supplement" any other income the applicant may have.

If you become eligible for a Disabled Adult Child Social Security benefit when your father retires, your SSI must be re-determined. SSI allows a disregard of $65 of earned income plus $20 of income from any source. All other income counts in determining whether any SSI is payable.

Q. A family member is 18, a senior in high school, with a learning disability. We've been encouraged to apply for SSI, but there are financial assets in this person's name. What is the highest value of assets a person is allowed in order to get SSI? We don't want to fill out the application if this person isn't eligible.

A. The individual resource limit for Supplementary Security Income (SSI) eligibility is $2,000. An additional $1,500 can be set aside for future burial expenses. In general, all other assets must be spent down before the individual can qualify. In an exception to the above limits, in 2011 a student has a $6,600 annual exclusion from countable earned income.

Q. I am a male, 54-year-old federal employee, retiring with a full government pension in approximately 3-4 years. My wife is on social security disability currently at age 51. What effect will my government pension have on my ability to collect Social Security under her record? I do not have enough quarters to collect on my own account.

A. When you reach age 62, you will be entitled to Social Security based on your wife's Social Security earnings record. Whether any spouse or widower benefit will be payable depends on the retirement benefit you receive based on your own earnings record. If you receive a pension from government employment that was not covered by Social Security, any spouse or widower benefit to which you are otherwise entitled will be offset by two-thirds of your non-Social Security pension.

For a fuller explanation, go to http://www.socialsecurity.gov/pubs/10007.html .

Q. Both of my parents won their disability hearings with social security. My dad filed for benefits a year before my mom did. He was awarded the maximum benefits allowed. The Social Security office says my mom cannot draw any social security benefits because my dad is already drawing the max amount. Since she gets no money, she gets no medical coverage. My mom cannot get insurance because of a pre-existing condition. She cannot get on any federal medical plan because my dad's benefits throw her out of the low-income bracket! The Social Security Administration says they cannot change my dad's amount of benefits no matter if he signs papers saying ok. This is absolutely crazy!!! There must be a way both can have what they deserve.

A. The Social Security Administration administers two separate and very different programs. They are the wage-related Social Security insurance program and the Supplementary Security Income (SSI) program.

As I understand your inquiry, your father is receiving Social Security Disability Insurance (SSDI) benefits based on payroll tax contributions. As long as he remains too disabled to work, his SSDI benefits will continue. The Social Security Administration cannot pay him less than the full amount he is due.

If your mother were eligible for Social Security Disability Insurance (SSDI) based on her own earnings, she would receive her benefits without regard to the amount of your father's benefit. Your father's income matters, however, if the benefit your mother applied for was Supplementary Security Income (SSI). SSI is an assistance program for aged, blind or disabled persons with little or no income or assets. The income and assets of both husband and wife must be considered if an SSI applicant is married. If your father's benefit puts your parents' combined income over the assistance level, no SSI benefit can be paid to your mother. Your parents' combined income also can affect your mother's eligibility for medical assistance.

When your mother reaches age 62, she will be eligible for a Social Security spouse benefit and, at age 65, for Medicare based on your father's Social Security earnings record.

Q. My doctor says that I will become disabled by my rheumatoid arthritis. It's just a matter of time. Will a pension from my employer preclude me from receiving Social Security disability benefits?

A. Receiving a pension from an employer will not affect your Social Security benefit. Social Security is intended to be complemented by pension benefits and other retirement savings. The answer to your question, however, would be different if you are receiving workers compensation rather than a pension.

The Social Security Act "caps" the combination of Social Security Disability benefits and Workers Compensation. Social Security is reduced if the combined benefits from Social Security and Workers Compensation exceed 80 percent of pre-disability Social Security covered earnings. The cap is removed at full retirement age when Disability Insurance benefits are automatically converted to retirement benefits.

Q. When I was 32, I was on Social Security Disability Insurance for a period of five years. I then returned to the work force. In calculating my retirement benefits under Social Security, how is the five year period treated wherein I received Social Security disability benefits?

A. Years in which Social Security Disability Insurance benefits are paid are excluded when determining Social Security retirement benefits.

Ordinarily, Social Security retirement benefits are calculated on the basis of a worker's 35 highest years of earnings (after old earnings are indexed to bring them up to date). If you received disability benefits for five years, your retirement benefit will be based on your 30 highest years of indexed earnings.

Q. I am 39 years old. I've just been approved for my social security benefits. I have a 7-year-old daughter. I'd like to marry again since I'm now divorced. Will this affect my benefits?

A. Whether marriage will affect your benefit depends on the type of benefit you are receiving.

Marriage never affects a personally earned Social Security Disability Insurance benefit (SSDI). SSDI is a partial replacement of earnings lost due to disability.

Marriage does affect Supplementary Security Income (SSI). SSI is an assistance benefit payable to aged, blind or disabled persons with little or no income or resources. If an SSI beneficiary marries, the income of both spouses must be counted in determining whether benefits are payable.

Q. Is a person receiving Social Security disability also entitled to receive half of the husband's Social Security retirement? Do a disabled husband and wife have to pay federal or state tax?

A. The answer to your first question depends on whether the wife is at least age 62 and whether half of the husband's benefit is greater than the disability benefit the wife is already receiving on her own record. If the spouse benefit is greater, then the wife receives an additional amount on her husband's record so that the combined payment equals half of her husband's benefit (reduced if begun before full retirement age). Of course, the reduction applies only to the portion of the payment that comes from the husband's record. Disability benefits are never reduced.

There is no provision in Federal tax law exempting Social Security disability benefits from taxation. Benefits are taxed if adjusted gross income plus half of Social Security is over $25,000 for an individual or $32,000 for a couple. State law determines how benefits are taxed by the state.

Q. I am 60 yrs old and receive social security disability benefits based on my work record. My husband turns 62 in 2012 and will apply for early social security benefits. If he passes away before I do, will I receive the full amount of his benefit check? Also, when I turn 66 will my disability benefit switch over to a benefit change?

A. If you are widowed, you will continue to receive your Social Security Disability Insurance benefit in full. If your widow benefit is greater than your own benefit, your monthly benefit will increase to the greater amount. However, the widow portion will be reduced for months of early retirement.

Your Disability Insurance benefit is based on your work record. At full retirement age, Disability Insurance benefits automatically convert to retirement benefits. The conversion is essentially an in-house bookkeeping change. The benefit itself continues unchanged other than by cost-of-living adjustments (COLAs).

Q. I am on social security disability and receive about $1,220.00 a month. If I die how much would my wife receive? I am 63 my wife is 60.

A. A widow who is full retirement age before widow benefits begin receives 100 percent of the benefit payable to the deceased spouse. If a widow is less than full retirement age when a widow benefit begins, the benefit is reduced for each month of early retirement. For example, a widow benefit begun in the month age 60 is reached is reduced to 71.5 percent of the deceased wage earner's full benefit. A widow benefit begun at age 62 is 82.5 percent of the full benefit.

Q. I am 59 years old and have been on Social Security Disability and Medicare for 12 years. What will happen to my payment when I reach full retirement age? Also, when I die, will my wife be entitled to my benefits? She is 56 and is drawing retirement from a state pension. Will that make a difference?

A. When you reach full retirement age, your Social Security benefit will continue uninterrupted. The only change will be an in-house bookkeeping change at Social Security Administration headquarters. Disability Insurance benefits are paid from the Social Security Disability Insurance Trust Fund; retirement benefits are paid from the Old Age and Survivors Insurance Trust Fund. The amount of your benefit is unaffected by this change.

At age 65 your wife will be entitled to Medicare based on your Social Security earnings record. She will be eligible for a spouse benefit as early as age 62, but whether any spouse benefit is payable depends on the amount of her own pension.

Your wife's right to a spousal benefit is subject to the Government Pension Offset provision of Social Security law. This provision requires the reduction or offset of any Social Security spouse or widow benefit otherwise payable by two-thirds of any pension earned from non-Social Security covered public employment. An issue brief discussing the Government Pension Offset can be found at http://www.socialsecurity.gov/pubs/10007.html .

Q. If you are receiving disability and you turn sixty-five, will your disability be stopped when you start receiving Social Security, or will you be receiving both Disability and Social Security?

A. Social Security Disability Insurance benefits are Social Security. Essentially Disability Insurance is a retirement benefit paid early because the wage earner became too disabled to continue working.

At full retirement age, disability benefits are automatically converted to retirement benefits. The benefit itself does not change.

Q. If President Roosevelt was alive, do you think he would allow alcoholics and addicts to get benefits? Or allow direct deposit so they could work two jobs off the books completely avoiding responsibility to pay taxes? I am truly disabled, unable to seek gainful employment and resent these abusers.

A. Alcoholics and addicts whose disability is based wholly or in part on their addiction are ineligible for Social Security Disability Insurance benefits. Benefits can be paid to those whose physical disabilities are disabling without considering the addiction.

Disabled individuals with addictions who apply for Supplementary Security Income (SSI) must take part in rehabilitation in order to receive benefits. The benefit must be paid to a representative payee rather than to the addicted individual.

Social Security fraud such as engaging in substantial gainful employment while receiving Disability Insurance or SSI should be reported. The Social Security toll-free Fraud Hotline phone number is 1-800-269-0271. It operates between 10:00 a.m. and 4:00 p.m. Eastern Standard Time. Fraud also can be reported on line at http://www.socialsecurity.gov/oig/guidelin.htm or by writing to:

Social Security Fraud Hotline, Post Office Box 17768, Baltimore, Maryland 21235

Provide as much information as you can to help the Social Security Administration identify the abuser.

Q. I am in my early 20s and on Supplemental Security Income and Medicaid because I have been sick since I was 12. Now I am thinking about getting married, and I'm worried about losing Medicaid and SSI. I only get the smallest amount now because I live with my parents. The man I want to marry is sick as well and on SSDI. How does this affect me? How can I get married and not lose everything I need?

A. If you marry, your husband's income must be considered in determining whether or not you remain entitled to Supplemental Security Income (SSI) or Medicaid. In 2011, the maximum SSI rate for a couple is $1,011. There is a $20 disregard of income from any source and a $65 earned income disregard before SSI is offset. Additional earned income reduces SSI $1 or each $2 of earnings over $65 a month.

Since you became disabled before age 22, you could be entitled to Social Security Disabled Adult Child benefits and Medicare when a wage-earning parent becomes disabled, retires or dies. Marriage may affect your future right to these benefits. However, that is not always the case. Marriage to another disabled Social Security beneficiary does not always nullify a right to a Disabled Adult Child benefit.

Please make an appointment at your local Social Security office to fully discuss eligibility criteria for both SSI and Social Security Disabled Adult Child benefits. You will want to have a thorough understanding of both before making a decision regarding marriage.

Q. I started receiving social security disability when I was 49 years old. I now receive $807.00 per month. When I reach full retirement age, will I still get $807.00 thereafter? Or will social security base my check on my working earnings?

A. The Disability Insurance benefit you are receiving is based on the earnings on which you contributed FICA payroll taxes. When you were found eligible for Social Security Disability Insurance benefits, your initial monthly benefit was determined as if you had already reached retirement age. There was no reduction for early retirement.

At retirement age, disability benefits automatically convert to retirement benefits. There is no change in the benefit amount.

Q. Is there a way to figure Social Security benefits if one doesn't work until "normal" retirement age? My wife an I have records of all our contributions, but given our desire to quit our main jobs at 55 - and earn a fraction of our current earnings after age 55 - I have found no good way to calculate our potential benefit at either 62 or 65.

A. The Social Security Administration has an on-line benefit calculator. Go to http://www.ssa.gov/retire2/AnypiaApplet.html . Enter your anticipated future earnings and the calculator will provide a new benefit estimate.

One aspect of Social Security law you may want to consider is that Social Security Disability Insurance is somewhat like term insurance. A wage earner is insured for disability benefits while actively working and for up to five years after ceasing work. Specifically, a wage earner must have Social Security work credits in 20 out of the 40 calendar quarters ending when disability begins. Since you and your wife are considering leaving the work force well before retirement age, you should know that you could maintain disability coverage with minimal earnings. For example, in 2011, four quarters of Social Security credits can be earned if annual earnings are at least.$4,480.

Q. Why is there a two-year waiting period before one is available for Medicare after being approved for disability benefits? It only seems logical that one who is disabled might be in need of medical assistance! I cannot understand the logic of this provision in the law. Can you explain it to me? I have come to the conclusion that our government expects disabled citizens to die within that waiting period and therefore have no need of benefits. Why doesn't our government care for the "disabled" Americans?

A. Medicare became law in 1965 to provide coverage to persons 65 years of age or older. In 1973, Congress extended Medicare coverage to Disability Insurance beneficiaries but only after two years of benefit receipt. Numerous bills have been introduced in the intervening years to shorten the waiting period for Medicare coverage to disability beneficiaries. None of these bills has received the support needed to become law.

Q. I get $13,000 a year social security disability and have zero wages or income. I am a disabled vet that also gets 100% VA disability. The $13,000 Social Security is tax free, right?

A . Social Security is taxable only if adjusted gross income, plus tax exempt income, plus half of Social Security exceeds $25,000 for an individual or $32,000 for a couple. Call the Internal Revenue Service at 1-800-829-3676 for a definitive answer to tax questions.

Q. Does my dependant child living with my ex-wife, receiving a check from my SS account number, affect the amount of my disability benefit? And where would I find the Information at SSA?

A. You are receiving the full Disability Insurance benefit to which you are entitled based on your Social Security earnings record. The benefit paid on behalf of your dependent child is an additional benefit. The child's benefit will continue until he or she is age 18; age 19 if still in high school.

The Social Security Administration publication describing dependent child benefits can be found at http://www.socialsecurity.gov/pubs/10085.html .

Q. My mother has been drawing SSI for a while now and we get child support which is not much for my brother, 16 and me, 19. That is the only income we get and I am in the nursing program at college. I get the Pell grant but after my tuition and fees and books are paid I have nothing left. I was wondering if we could draw a check off her check?

A. Is your mother receiving Social Security Disability Insurance (SSDI) benefits or is she receiving Supplemental Security Income (SSI) benefits? The Social Security Administration administers both programs, but they are very different.

Social Security Disability Insurance (SSDI) is a work related benefit based on payroll tax contributions on earnings. If your mother is receiving SSDI your 16-year-old brother may be eligible for a dependent benefit. That benefit will end when he reaches age 18 - 19 if he is still in high school. No Social Security benefit is payable to a college-age dependent.

Supplemental Security Income (SSI) is an assistance benefit to aged, blind or disabled individuals with little or no income or assets. SSI is payable only to the individual. Social Security law does not provide a dependent benefit for a child of an SSI recipient.

Q. I am anticipating going on disability. I am on numerous medications. How do I get them covered or is there a prescription plan to help/pay for these?

A. Social Security Disability Insurance beneficiaries become eligible for Medicare after two years of receiving disability benefits. There is no help with medical benefits prior to Medicare eligibility. When you are eligible for Medicare, you will be entitled to purchase a Medicare Part D prescription drug plan.

Until then, there are a variety of options available to assist people with their drug costs:

Medicaid: This program, jointly funded by state and federal governments, provides medical assistance, including prescription drug coverage, for certain individuals and families with low incomes and limited resources. Contact your local Medicaid agency for information

Veterans Benefits: For veterans, the Department of Veterans Affairs (VA) covers prescription drugs prescribed by a VA doctor if filled at VA facilities. There is a small co-payment. Call 1-800-827-1000.

State-sponsored programs: Half of all US states offer a state-sponsored program to assist elderly and/or disabled citizens with their drug costs.

Pharmaceutical company and pharmacy discount cards: You can sign up for discount programs with drug manufacturers, pharmacy chains and other suppliers. Some of these programs require that you have no other prescription coverage, that you meet an income limit or that you pay a fee. In some circumstances pharmaceutical companies provide free prescription medicines. Access to free medicines is through your own physicians.

Q. Have their been any changes regarding Social Security Disability Insurance benefits and investing? Is it still not considered earned income?

A. There has been no change in the definition of earnings for recipients of Social Security Disability Insurance benefits. Earnings are income received from employment or self-employment. Profits on investments are not earnings and have no effect on your continuing eligibility for disability benefits or on the amount that you receive. Only wages and income from self employment are considered for the purpose of determining whether you have regained the ability to perform substantial gainful activity.

Q. Will future elderly persons experience more years of disability?

A. If your question refers to workers receiving Social Security Disability Insurance, the numbers are expected to rise as the age for full retirement benefits rises. Disability Insurance ends at full retirement age at which time the monthly benefits the disabled individual receives are converted to retirement benefits. Full retirement age has risen from 65 to 66. After an 11-year hiatus, the full retirement age again will rise from 66 to 67. When full retirement age reaches 67, disability beneficiaries will remain on the disability rolls two years longer than at present.

If your question refers to increased longevity and the impairments that frequently accompany old age, your question is outside my area of expertise. Many medical specialists predict medical breakthroughs in treatment of acute conditions will result in a greater percentage of older seniors experiencing disabling conditions. Others predict that advances in control of chronic diseases combined with improved life styles, such as better diets, regular exercise and a decrease in adverse behaviors, will enable more seniors to live more years without disability.

Q. I am 43 and have secondary glaucoma and traumatic cataracts with very low eyesight. It is very hard to get any help from the Social Security office.

A. You do not describe the difficulty you are experiencing, but the following general information about disability benefits may be helpful.

Social Security Disability Insurance benefits or Supplementary Security Income (SSI) can be paid to otherwise eligible individuals who are blind or whose eyesight meets the strict criteria of the Social Security Act's definition of blindness. Your own ophthalmologist should be familiar with the criteria. If the medical evidence submitted by your ophthalmologist supports your application, disability benefits will be awarded if you also meet non-medical criteria.

Wage-related Social Security Disability Insurance benefits can be paid to an individual your age who has at least five and a half years of work in Social Security covered employment. Five of the years of Social Security employment must have occurred in the ten years ending when the disability began.

Supplementary Security Income for a disabled or blind individual is not based on previous earnings. It depends on income and resources. Ask your local Social Security office for additional information about SSI. Fact sheets on SSI or disability and blindness also can be found on Social Security Administration's web site: http://www.socialsecurity.gov/pgm/links_disability.htm .

Q. I am 50 years old and was recently diagnosed with emphysema and pleurisy. What chance would I have to get Social Security disability? My doctor told me to sign up as soon as possible.

A. Follow your doctor's advice and apply for Social Security Disability Insurance benefits. Whether your claim will be approved depends on the severity of your impairments and on the completeness of the medical evidence your doctor provides.

If you are unable to engage in any substantial gainful activity, you will be awarded a monthly Social Security disability benefit beginning in the sixth full month of disability. You will be entitled to Medicare in the 25th month of receipt of benefits.

For information about disability benefits, go online to http://www.socialsecurity.gov/pubs/index.html . Click on Disability Benefits.

Q. My wife retired nine years ago at age 62. She has since become disabled. Can she file for disability benefits? If so, how does she go about it?

A. Disability Insurance is available only to wage earners who have not yet reached full retirement age. Since your wife is well past full retirement age, she cannot qualify for disability benefits.

In effect, Social Security Disability Insurance is a benefit program for persons who haven't yet reached full retirement age but are no longer able to work due to severe disabilities. When retirement age is reached, a disability benefit automatically converts to a retirement benefit. Monthly checks continue unchanged.

Q. I am on Social Security Disability Insurance. I have bad legs and back problems plus extreme pain. It was work related. I get full disability from Social Security and a company disability check. Recently, they sent a paper and called. They said I lose my disability. I get by now without too many problems financially. I have backup insurance for Medicare and prescriptions, which I have a lot of. Can they take this away? This will put me on the street with nothing in less than a year. I'm desperate.

A. It's difficult to know how to answer your question. If you still are receiving Medicare, then you likely are still receiving Social Security benefits. In that case, you will continue to receive Medicare as long as you continue to be eligible for the cash benefits. So, it would appear that the benefit that you lost was the disability benefit you were receiving from your employer. Social Security disability benefits will continue to be paid to you as long as you remain disabled. At normal retirement age Disability Insurance converts automatically to retirement insurance. The only difference is an in-house bookkeeping change at the Social Security Administration. Disability benefits are paid from the Disability Insurance Trust Fund and retirement benefits from the Old Age and Survivors Insurance Trust Fund. Monthly checks continue uninterrupted. If your company disability insurance payment is being discontinued, this is a matter you must take up with your employer.