Q:       When my husband and I divorce, will my Social Security benefits be affected?

A:        No. Under federal law, you qualify for Social Security benefits in one of two ways: by 1) earning credits, based on your annual earnings, which determine your monthly benefits when you retire; or by 2) being married to someone for more than 10 years, which qualifies you for a spousal benefit.

When you retire, you may choose whichever of these Social Security options provides you with the greatest benefit: 1) your earned credits into the system, 2) your current spouse’s spousal benefit or 3) the highest spousal benefit from a former spouse of a marriage that lasted more than 10 years.

            Some people have had more than one former marriage, each lasting more than 10 years. Let’s say you are a high wage-earner and have two former spouses from marriages lasting more than ten years each. Even if both of your former spouses claim and receive spousal benefits from your Social Security, it will not affect the amount of benefits you will receive. 

Q:       I’ve been receiving health insurance coverage through my wife’s work policy. Will my family health benefits lapse when we divorce?
A:        As a matter of strict law, family plan medical coverage terminates on the date of a “qualifying event,” which, in your case, would be the date of your divorce or dissolution of marriage. Federal law requires that, within 30 days of the termination of your benefits, your wife’s employer must notify you about the termination and inform you about COBRA coverage, if that coverage applies. (COBRA coverage allows workers and their families who lose their health benefits the right to continue to receive benefits provided by their group plan for a limited amount of time. If you qualify for a COBRA policy, you may be entitled to a maximum of 36 months of additional coverage. However, COBRA plans are expensive.)

            As a practical matter, most insurance companies will maintain your coverage through the end of the month of the final divorce hearing. Also, to avoid any lapses in coverage, any health insurance policy you may buy after your divorce will be retroactive, which means that it will cover you from the date that your family coverage was terminated.

Q:       How do I receive pension benefits from my soon-to-be-ex spouse?
A:        You and your spouse can divide pension benefits as a term of your divorce or dissolution of marriage. If your spouse’s pension plans are not “qualified” and are not protected by the federal Employee Retirement Income Security Act (ERISA), then they may be divided through a trustee-to-trustee transfer. This is just an administrative division that the appropriate financial professional can handle.

            However, most pensions, such as 401(k), 403(b) and some other defined benefit pension plans, are protected by ERISA. If your spouse’s pension benefits are protected, then the benefit must be divided through a “qualified domestic relations order” (QDRO).  The QDRO is a court order that allocates the retirement asset between the person who earned the benefit (the “plan participant” – your former spouse) and the “alternate participant” (you).  When your pension benefits are allocated, it is a non-taxable event. As long as you keep your share of the retirement in a qualified (retirement) account such as an IRA account, it will continue to grow as a tax free retirement account.

 

Q:       If I die in the middle of the divorce, who inherits my estate?
A:        The answer depends on whether you and your spouse signed a separation agreement before your death, and whether there is language in the separation agreement stating that the agreement will be binding if there is no final divorce decree. If you and your spouse have waived the surviving spouse rights in the separation agreement, which is almost always done, AND the agreement is binding in the absence of a final divorce decree, then whatever you and your spouse agreed to in the separation agreement can be enforced. If you and your spouse did not sign a separation agreement, then all spousal rights apply. 

This “Law You Can Use” article was provided by the Ohio State Bar Association. It was prepared by Cleveland attorney Manav (Manu) H. Raj, Esq. of Rieth Antonelli & Raj. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Q:       I applied for a Social Security card at the hospital right after my son was born, but when I received his card in the mail, his first name was misspelled. What should I do?

A:        Go to your local Social Security office or card center to ask for a corrected card. The Social Security Administration needs to see at least two original documents—one that would prove your child’s U.S. citizenship and one that would prove his identity. The Social Security office also will ask to see proof of your identity, as your son’s parent.
           

Q:       What sorts of documents would I need to show the Social Security office in order to get my child’s card corrected?

A:        You will need to provide a birth certificate or U.S. passport to verify your child’s U.S. citizenship. To prove your child’s identity, however, you cannot use a birth certificate, since the Social Security Administration needs evidence of the child’s existence after birth. An acceptable document for showing proof of identity must show the child’s name, identifying information and, preferably, a recent photograph. The child must be present unless the picture ID also shows his or her biographical information (such as age, date of birth and parents’ names). Generally, the Social Security office will accept a non-photo identity document if it has enough information to identify the child (such as name and age, date of birth and parents’ names). The office would prefer to see a child’s U.S. passport, but if that document is not available, the office may accept a child’s:

·       adoption decree (if relevant);

·       doctor, clinic, immunization or hospital record;

·       religious record (such as a baptismal record);

·       daycare center or school record; or

·       school identification card.

All documents must be either originals or copies certified by the issuing agency. The Social Security Administration will not accept photocopies or notarized copies of documents. To learn more, visit www.socialsecurity.gov/ssnumber, where you can also find out what documents you need. Through the website, you can also fill out and print an application. Then, you will bring or mail the needed information to the Social Security Administration. You may also want to read the publication, Social Security Numbers for Children, available at www.socialsecurity.gov/pubs.

Q:       My six-year-old daughter has a disability. Can she qualify for Social Security disability benefits?

A:        There are two Social Security disability programs that provide benefits for children with disabilities: a Supplemental Security Income (SSI) program and a Social Security program.

            Under the SSI program, a child from birth to age 18 may receive monthly payments based on disability, including blindness, if:

·       the child has an impairment or combination of impairments that meets the definition of “disability” for children; and

·       the income and resources of the parents and the child are within the allowed limits.

            Under the Social Security program, an adult child who is age 18 or older may receive monthly benefits based on disability, including blindness, if:

·       the adult child has an impairment or combination of impairments that meet the definition of disability for adults;

·       the disability began before age 22; and

·       the adult child’s parent worked long enough to be insured under Social Security and is receiving retirement or disability benefits, or is deceased.

            Under both of these programs, the child or adult child must not be doing any substantial work, and must have a medical condition that has lasted or is expected to last for at least 12 months, or to result in death. Learn more at www.socialsecurity.gov/applyfordisability.

The information for this “Law You Can Use” column was provided by the Social Security Administration. It was prepared by the Ohio State Bar Association. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Q:       My neighbor, who receives Supplemental Security Income, can no longer manage her benefits and has asked for help. What can I do?

A:        You, or someone your neighbor may suggest, might consider applying to become a “representative payee.” A representative payee is someone who receives Social Security or Supplemental Security Income (SSI) payments on behalf of a person who is not capable of managing the funds on his or her own. If you were to become a representative payee for your neighbor, you would be responsible for making sure her basic needs are met by using the SSI money to provide her with food, clothing and shelter, and by saving any leftover money in an interest-bearing account or savings bond for your neighbor’s future needs. The Social Security office will work with you to determine if your neighbor needs a payee and who would be best suited to act in that capacity.

Q:       If I decide to apply to be my neighbor’s representative payee, what would be required?

A:        As your neighbor’s representative payee, you must:

·       know your neighbor’s needs so you can decide the best way to meet those needs with the benefits provided;

·       be responsible for letting the Social Security Administration know about any changes that may affect your neighbor’s eligibility for benefits or the payment amount; and

·       complete a yearly report of how the funds were spent. (You can do this online.)

Q:       Where can I get more information?

A:        To learn more, read A Guide for Representative Payees, available through www.socialsecurity.gov/pubs. Also, visit the web page titled, “When People Need Help Managing Their Money,” available through www.socialsecurity.gov/payee.

The information for this “Law You Can Use” column was provided by the Social Security Administration. It was prepared by the Ohio State Bar Association. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Q:       How do I get a Social Security number for the new baby we’re expecting?
A:        When you apply for your baby’s birth certificate, you can apply for a Social Security number at the same time. If you have the baby in a hospital, you can complete both applications before you leave the hospital. Learn more about Social Security cards through www.socialsecurity.gov/pubs.

Q:       We adopted a baby girl from overseas and brought her to the U.S. Can we get a Social Security number for her?

A:        Yes. Generally, you must complete an application for a Social Security card (Form SS-5 (see www.socialsecurity/gov/ssnumber).

You must provide:

1)     documents that prove your child’s U.S. citizenship or immigration status; adoption; age; and identity;

2)     a document proving your identity;

3)    evidence establishing your relationship to the child. (You can use the adoption decree or the child’s amended U.S. birth certificate for this purpose.)

            Usually, you can mail or take your application and original documents to your local Social Security office. All documents must be originals or copies certified by the issuing agency. You will receive your child’s number and card by mail once the Social Security office has verified your documents.
            If you do not yet have proof of your child’s citizenship, a Social Security number may be assigned based on Department of Homeland Security documentation issued when your child first arrived in the U.S. Once you’ve received your child’s citizenship documentation, take it to the Social Security office so your child’s record can be updated.

Q:       Can I use a plastic version of my paper Social Security card?

A:        The Social Security Administration does not recommend using plastic or metal versions of your card, or making copies of or laminating your paper card, or carrying your card with you. Generally, you will only need to produce your Social Security card when you apply for employment. Keep any document that includes your Social Security with your important papers, and question anyone other than your employer who asks for your number or your card. Learn more at www.socialsecurity.gov/ssnumber.

Q:       How do I change my name on my Social Security card?
A:        Gather documents proving your legal name change (e.g., marriage license, divorce decree, certificate of naturalization showing a new name, or a court order showing your name change). Also collect evidence of your identity (driver’s license or state-issued ID) and your U.S. citizenship or immigration. Then, complete an application for a Social Security card and take it, along with your documents, to your local Social Security office. Documents must be originals or copies certified by the issuing agency. Mailed documents will be returned with a receipt. Once the Social Security office receives the application and documents, your new card will be mailed to you. It will show your old number and your new name.

Q:       If I lose my Social Security card, can I replace it?
A:        You should know your Social Security number, but you may not need to replace your card, since you will rarely need to show it. However, if you want to replace your card, you can take or mail an application to your local Social Security office, along with original documents or certified copies from the issuing agencies, proving your identity and your U.S. citizenship or your current work-authorized immigration status. If you are a noncitizen without a work permit, you must provide a letter from a federal, state or local government agency stating that you meet the requirements for a Social Security benefit and explaining why you need a number.

The information for this “Law You Can Use” column was provided by the Social Security Administration. It was prepared by the Ohio State Bar Association. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Q:       What is a Social Security “credit”?
A:        During your working years, you earn Social Security credits based on how much you earn in wages. The amount of earnings you need for one credit rises as average earnings levels rise. In 2014, you receive one credit for every $1,200 you earn in wages. You can earn up to a maximum of four credits per year. Most people need 40 credits (equivalent to 10 years of work) to be eligible for retirement benefits. For more information about credits, read “How You Earn Credits” at www.socialsecurity.gov/pubs.

Q:       My husband doesn’t have enough work credits to qualify for Social Security retirement benefits. Can he qualify on my record?

A:        A spouse receives one-half of the retired worker’s full benefit unless the spouse begins collecting benefits before full retirement age. If your husband begins collecting benefits based on your Social Security record before he reaches full retirement age (age 65 - 67, depending on the year he was born), the amount of his benefit is reduced by a percentage based on how many months short of full retirement age he is.

Q:       How early can I begin receiving Social Security retirement benefits?

A:        You can get a reduced benefit as early as age 62. The 1983 Social Security Amendments raised the full retirement age for people born in 1938 and later, but it did not change the minimum retirement age.

Q:       Is there any penalty for beginning to take my benefits at age 62?
A:        Yes. If you start taking your benefits before your full retirement age, the amount you can collect will be lower than the amount you can collect at your full retirement age. (If you wait until full retirement age, your benefits will be about 33 percent higher, and your benefits will be about 76 percent higher if you defer them to age 70.) Also, if you begin taking benefits at age 62 while you are still working, $1 in benefits will be deducted for every $2 you earn above $15,480 (for 2014). Visit the “Retirement Estimator” at www.socialsecurity.gov/estimator for more information.

Q:       When I start receiving benefits, will the amount stay the same for the rest of my life?
A:        No. Generally, your benefit amount increases every year to protect you against inflation. An increase in the consumer price index will give you a cost-of-living adjustment (COLA). For 2014, that COLA adjustment is 1.5 percent. Your benefit also may increase if you work and continue to pay Social Security taxes while receiving benefits. If your earnings for the year are higher than those used to compute your benefit originally, the Social Security Administration will substitute the new year of earnings. The higher your earnings, the more your refigured benefit might be. If your earnings are high enough for the Social Security Administration to deduct excess earnings from your benefits, your benefits will be recomputed when you reach retirement age. This effectively increases your benefit because the months when benefits were reduced or withheld due to excess earnings are left out.
            Your monthly benefit may seem to decrease, however, if health care costs rise faster than the COLA. A rise in Medicare premiums can offset any COLA increase. A special rule called “Hold Harmless” protects your monthly benefit from being reduced. To learn more, visit https://secure.ssa.gov/apps10/poms.nsf/lnx/0601001004.

Q:       How do I apply for retirement benefits?
A:        You can apply online or make an appointment with a Social Security representative at a local office. Generally, it is easier and faster to apply for benefits online at www.socialsecurity.gov. The process takes as little as 15 minutes and, in most cases, you’re finished once you’ve submitted your electronic application. Usually, there are no forms to sign or documents to mail.

The information for this “Law You Can Use” column was provided by the Social Security Administration. It was prepared by the Ohio State Bar Association. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.