State Law Vs. Federal Law for Social Security
- When a worker reaches retirement age, he can apply for retirement benefits for himself, a spouse and any disabled or minor children. Retirement age varies according to the retiree's year of birth. If a person qualifies to receive benefits both as a worker and as a spouse, he will receive benefits equal to the higher of the two accounts. Divorced spouses can also receive retirement benefits if the 10-year duration of the marriage requirement is met or the spouse is caring for the retiree's minor or disabled child.
- Social Security only pays disability benefits to a worker whose disability is expected to be long-term or permanent, and who is unable to perform any kind of work because of it. Benefits are also paid to spouses, divorced spouses and children of disabled workers. Many states pay state disability insurance to workers with a temporarily disabling condition.
- Medicare is available at age 65 to people who have paid Medicare insurance taxes. The Social Security Administration (SSA) handles applications and entitlement issues for Medicare, but payment of bills to doctors and hospitals, and anything not involving the initial application, is handled by the Center for Medicare and Medicaid Services. Medicaid is for low-income people and is administered by the states under the oversight of the federal government. A person seeking Medicaid assistance needs to contact her county welfare office. Medicare beneficiaries should contact a Social Security office.
- When a worker dies, survivors may qualify for benefits on the deceased worker's account. Such benefits are paid to young spouses and young divorced spouses who have minor or disabled children in their care, and to older or disabled widows and widowers, including those who are divorced. Young children of deceased workers are eligible for benefits even if the children are illegitimate and not supported by the worker, as long as proof of relationship is presented. Parents of a deceased worker also qualify for benefits if the worker was providing at least half of the parent's support. The requirements for qualifying for survivor's benefits are complex, and questions should be referred to the Social Security Administration.
- A lump sum benefit of $255 will be paid to the surviving spouse of a worker. If none, then the benefit goes to a child receiving benefits on the worker's account. If none, the benefit is not paid. No state lump sum death benefits exist.
- Federal Supplemental Security Income benefits are not actually Social Security benefits even though they are administered by SSA. They are paid to people who have little to no income and are blind, aged or permanently disabled. It is not necessary to have worked or paid any kind of taxes to qualify for SSI benefits, and children often qualify based on a disability.
Retirement
Disability
Medicare
Survivors
Lump Sum Death Benefits
SSI
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