Do I have a reason to appeal this notice?
Response 1: If you do not disagree with the amount, then there is no reason to file an appeal. However, if you disagree with the amount, then you need to file an appeal within the time stated for the appeal.
And next I was 1st on disability and then I was rolled over to regular s/s when I turned 65 yrs. My question is that when my husband died I applied for his disability and was denied. I was told since I was reciving disability from the state of Ca. I could only have one but not both. I am very angry about that since my husband paid into that his whole working life. Is there any way I can get his s/s benefits and my state pension too? Thank You for being there to help. Respectfully,
Response 2: I understand your frustrations.
You can file for survivor benefits. However, if the amount you are going to receive based on your husband's earnings is going to be less than what you are receiving under your own benefits, your benefits would not increase. However, if the amount you are going to receive from your husband's earnings is higher, Social Security Administration would pay you a combination of benefits (yours and his) that would total the higher amount. You will not receive two separate benefits under his earnings and your earnings. Also, you may be subject to Government Pension Offset ("GPO") if you do not fall under any of the exceptions. GPO works to reduce the amount of Social Security benefits you would receive based on your husband's earnings if you worked for an employer like the State that did not deduct Social Security taxes from your earnings. Your own benefits would be subject to a different provision called Windfall Elimination Provision ("WEP"). WEP works to reduce the benefits that you are entitled to receive under your own earnings if you worked for an employer that did not deduct Social Security taxes from your pay, if you do not fall under any of the exceptions:
"The Windfall Elimination Provision doesn’t apply if: • You’re a federal worker first hired after December 31, 1983; • You were employed on December 31, 1983, by a nonprofit organization that didn’t withhold Social Security taxes from your pay at first, but then began withholding Social Security taxes; • Your only pension is for railroad employment; • The only work you performed for which you didn’t pay Social Security taxes was before 1957; or • You have 30 or more years of substantial earnings under Social Security." For more information on GPO and WEP, click here for GPO and here for WEP.
As for referral to legal malpractice Attorneys, unfortunately, this site does not allow personal referrals. However, you can use the following sites to find local Attorneys who handle legal malpractice cases to assist you:
Goodluck with your case,