• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to secondary navigation
  • Skip to primary sidebar
  • Skip to footer

Before Header

Has your disability claim been wrongfully denied or terminated? Call us today for help!  (888) 321-8131

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

National Disability Law Firm | Ortiz Law Firm

We appeal wrongful long term disability insurance and Social Security Disability denials.

  • ABOUT US
    • Our Team
    • Our Results
    • Areas We Serve
    • Core Values
  • PRACTICE AREAS
    • Initial Application
    • Request for Reconsideration
    • Hearing Before an Administrative Law Judge
  • RESOURCES
    • Top 10 Mistakes That Will Destroy Your Social Security Disability Claim
    • Physical RFC Form
    • Mental RFC Form
  • BLOG
  • Search
  • CONTACT
  • ABOUT US
    • Our Team
      • Nick Ortiz
      • Jessica Ortiz
      • Dawn Keller
      • Tory Nelson
      • Sarah Palag
    • Core Values
    • Our Results
      • Why Choose Ortiz Law Firm
      • What Our Clients Say
      • Testimonials
  • PRACTICE AREAS
    • Long Term Disability Claims
      • Administrative Appeals
      • Lawsuits
      • Lump-Sum Settlement Offers
      • Qualifying Conditions
      • Disability Insurance Companies
      • Qualifying Occupations
      • Case Summary Archives
      • FAQs
    • Social Security Disability Claims
      • Initial Application
      • Request for Reconsideration
      • Hearing Before an Administrative Law Judge
      • Qualifying Conditions
      • FAQs
    • Personal Injury Claims
      • Car Accident Claims in Pensacola, Florida
      • Bicycle Accident Claims in Pensacola, Florida
      • Motorcycle Accident Claims in Pensacola, Florida
      • Truck Accident Claims in Pensacola, Florida
      • Slip & Fall
      • Insurance Companies
      • FAQs
  • AREAS WE SERVE
  • RESOURCES
    • Top 10 Mistakes That Will Destroy Your LTD Claim
    • Top 10 Mistakes That Will Destroy Your SSD Claim
    • Lump Sum Disability Settlement Calculator
    • Physical Residual Functional Capacity Form
    • Mental Residual Functional Capacity Form
    • Ultimate LTD Appeal Checklist
    • LTD Case Study: Fibromyalgia
    • Top 10 Mistakes That Will Destroy Your FL Car Accident Claim
  • BLOG
    • Long Term Disability
      • Eligibility for Long Term Disability Claims
      • Medical Eligibility for Long Term Disability Claims
      • Your Chances of Getting Approved for Disability Benefits
      • Long Term Disability Denials and Appeals
      • Additional Parts Of A Claim That Do Not Happen in Every Case
    • Social Security Disability
    • Personal Injury
  • REFER A CASE
  • Search
  • CONTACT

Mobile Menu

Schedule A Free Consultation Now!

Find out how our law firm can help you win your case or you don’t pay a cent.

(888) 321-8131

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

How Much Money Will I Receive If I Win My Disability Claim?

The answer to this question depends on many factors – most importantly, it depends on how much you paid in Social Security taxes on your earnings over your career.

The best place to find an estimate of your monthly benefit would be to download your personal Social Security Statement.  You may recognize the form on the right as the green form you used to get in the mail every year around your birthday from the Social Security Administration. You have not received this in the last couple of years because of budget cuts. It cost the SSA lots of money to print and mail the forms. However, now you can go to the SSA website and download a copy of Your Social Security Statement:

Simply go to http://www.ssa.gov/

Click on the first link/image that says “My Social Security”. [Note: On lower right side you will see the familiar old green form titled “Social Security Statement”.]

Click “Create an Account”.

Follow the steps to verify your identity and create an account.

Once you have verified your identity, you will be given the opportunity to download your Statement. The second page of the form has a line that tells you how much you would receive if you are found disabled and how you are eligible to receive in retirement per month.

Am I Entitled to Back Pay?

How Far Back Will My Benefits Go?

Your benefits begin the later of (a) 12 months before the date of application or (b) five full months after the date you were found to be disabled. This is the “date of entitlement” in your case. Many people ask why benefits don’t begin on the date they were found disabled. Social security disability benefits never begin on the date one is found disabled because of the waiting period of five full calendar months. Another rule limits payment of back benefits to 12 months before the date of the application.

If you are eligible for Supplemental Security Income or SSI benefits, Social Security will pay SSI from the first of the month after a claimant meets all requirements to get SSI. These requirements are:

(1) you file an application,

(2) you are disabled,and

(3) you meet the income and asset requirements of the program.

Your SSI benefits may also change beginning the first month you are eligible for Disability Insurance Benefits.

Can My Social Security Disability Be Garnished?

There are a number of circumstances in which the Federal government can garnish “regular” Social Security benefits (See below, SSI benefits can never be garnished). They include:

  • To enforce child support or alimony obligations under Section 459 of the Social Security Act;
  • Internal Revenue Service (IRS) can levy against benefits to collect unpaid Federal taxes according to Section 6334(c) of the Internal Revenue Code;
  • IRS can collect taxes due by levying up to 15 percent of a monthly benefit until the debt is paid;
  • IRS allows beneficiaries to have a portion of their check withheld to satisfy a current year Federal income tax liability according to Section 3402 (P) of the Internal Revenue Code;
  • Other Federal agencies can collect money from benefits to pay a non-tax debt owed to that agency according to the Debt Collection Act of 1996 (Public Law 104-134); and
  • Under the Mandatory Victim Restitution Act, certain civil penalties provide the right to garnish benefits under 18 USC 3613.

Can A Creditor Garnish My Social Security Disability Check?

Who is the creditor? If it is anyone other than the Federal Government, then the answer is “No.” If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407).

Section 207 bars garnishment of your benefits. It can also be used as a defense if your benefits are incorrectly garnished. Social Security’s responsibility for protecting benefits against garnishment, assignments and other legal processes usually ends when you are paid. However, once paid, benefits continue to be protected under section 207 of Act as long as they are identifiable as Social Security benefits.

NOTE: Supplemental Security Income, or SSI, payments cannot be levied or garnished.

Do I Have To Pay Income Tax on Social Security Disability Benefits?

The answer is, “It depends.” You must pay federal income taxes on your Social Security disability benefits if either of the two following situations applies to you.

  • You file an individual federal tax return and your total income is greater than $25,000. Or,
  • You file a joint return and the income of you and your spouse is greater than $32,000.

You should also refer to the Internal Revenue Service (IRS) Notice 703 on the back of your Social Security Benefit Statement, Form 1099, to determine if any of your benefits are taxable. A copy of Notice 703 may be found by clicking this link: Notice 703.

Further note that the above only references federal income tax. Social Security does not have the authority to withhold state or local taxes from your disability benefits. However, many states and local authorities do not tax Social Security benefits. You should consult with your tax advisor and your state or local taxing authority for additional information.

Facebook0Tweet0Pin0LinkedIn0Print0Email0

Primary Sidebar

View All Social Security Disability Resources


Sharon C.

I completely agree with the other comments about his compassion. He walked us through the process and got my husbands disability started quickly. I highly recommend his service in helping to get you started.

https://youtu.be/3_sfwSkG0pI

View All Reviews and Testimonials

Learn More About Social Security Disability

  • Areas We Serve
  • Frequently Asked Questions
  • Denials and Appeals
  • Common Mistakes
  • Insider Tips
  • Non-Medical Eligibility
  • Conditions That May Qualify
  • Social Security Disability Blog

Complete This CONFIDENTIAL Form for a FREE Social Security Disability Case Evaluation

  • This field is for validation purposes and should be left unchanged.

Footer

Our Team

  • Nick Ortiz
  • Jessica Ortiz
  • Dawn Keller
  • Sarah Palag
  • Tory Nelson

Our Law Office

ORTIZ LAW FIRM
(888) 321-8131

823 E. Jackson St.
Pensacola, FL 32501
Monday - Thursday: 9:00 AM - 5:00 PM Friday: 9:00 AM - 2:00 PM

Saturday - Sunday: Closed

Practice Areas

  • Long Term Disability Claims
  • Social Security Disability Claims
  • Personal Injury Claims
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube
  • Free Social Security Disability Resources
  • Social Security Disability Frequently Asked Questions
  • Conditions That May Qualify for Social Security Disability
  • Social Security Disability Blog
  • Contact
  • Disclaimer

Site Footer

©2020 Ortiz Law Firm, All Rights Reserved. Reproduced with Permission | Privacy Policy

Share this ArticleLike this article? Email it to a friend!

Email sent!