Q: I have a business under my name but my spouse runs it. Can I have still apply for social security benefits?
A: The SSA defines the word disability as being unable to complete any substantial activity that will earn you a living. What is considered “substantial gainful activity” comes from the National Wage Index, which averages monthly wages across the board. The SSA considers an applicant to be working or employed at any time the that person “is the owner or part owner of a trade or business even if he or she does not actually work in the trade or business or receive any income from it.”
The money your business makes may have an effect on your social security disability. The income you receive from your business, regardless of who runs it, may be considered substantial if it exceeds a determined SGA (or substantial gainful activity) level. This level is determined by comparing your business earnings to your pre disability earnings, and the earnings of a non disabled person engaged in the same business.
Q: If I pass away while I am in the Social Security Disability application process, where does my claim go?
A: According to the Social Security Administration, if a person who may be eligible for social security benefits dies (this includes Supplemental Security Income), their survivors may apply for a Lump Sum Death Payment. What does this mean? If you die in the while your claim for social security benefits is pending, your family may be able to get some of the benefits you would have been eligible to receive after the waiting period. In order to receive the lump sum payment, your survivors must prove that you would have qualified for social security disability in the month of death.
Lump Sum Death Payment of social security benefits is available only to particular surviving family members. When making the claim, the family will need to provide information and records about the deceased’s social security benefits eligibility and application (if there was one). The SSA will also want to see information about the deceased’s overall disability, starting at fourteen months before death.
Q: If I am receiving social security benefits and I die, what happens to them?
A: When you are receiving social security benefits, and have paid social security taxes, some family members may be eligible to receive survivor’s benefits upon your death. In general, for family members to receive survivor’s social security benefits, ten or so years of work will be needed (though this does vary). The following relatives may be eligible for survivors’ social security benefits:
• A spouse, with full benefits when they reach retirement, or some benefits beginning at age 60
• A disabled widow or widower, starting at age 50
• Unmarried children under 18 (or up to 19 if attending high school)
• Currently disabled children who were disabled at less than 22 years of age
• Dependent parents over 62 years of age.