North Dakota Social Security Benefits Attorney

Survivor

Survivor benefits are available to certain family members of an individual who worked and paid Social Security taxes before they died, including spouses, ex-spouses, children, and dependent parents.

Family

Family benefits are available to qualifying family members of an individual who is entitled to retirement or disability, including spouses, ex-spouses, children, and some grandchildren.

Supplemental Security Income (SSI)

SSI provides monthly payments for people who have little or no income, little or no resources, and are disabled, blind, or age 65 or older.

Medicare

Medicare is health insurance for individuals who are 65 or older, have end-stage renal disease (ESRD), or receive disability benefits.

How Do I Apply for Social Security Benefits?

Applying for Social Security benefits typically involves the following steps:

1. Determine eligibility. We can assess your records and advise which benefits you may qualify for.
2. Gather documentation. We assist with collecting medical records, tax documents, and proof of identity to support your application.
3. Submit the application. We can help you submit your application online, by phone, or in person to reduce the risk of errors or omissions.
4. Respond to requests from the Social Security Administration (SSA). We can handle requests for additional information and provide timely, accurate responses on your behalf.
5. Monitor your claim. We can stay on top of deadlines and communications to track the progress of your application and navigate any SSA correspondence. 
6. Handling denials and appeals. If your claim is denied, we can review the reason for the denial and represent you during reconsideration or ALJ hearings.

How Are Social Security Benefits Calculated?

Social Security benefits are calculated based on your work history, lifetime earnings, and the age at which you begin receiving benefits. The SSA uses a formula to determine your primary insurance amount (PIA), which is the monthly benefit you are eligible for at full retirement age. Early or delayed retirement, cost-of-living adjustments, and other factors can also affect your final amount. We can review your earnings record and advocate for the benefits you are rightfully entitled to. 

How Can I Increase My Social Security Benefits?

There are several ways to potentially increase your Social Security benefits, including:

• Work for at least 35 years. This can replace zero-income or low-income years and boost Social Security retirement benefits.
• Deny claiming before age 70. Waiting can result in higher monthly payments and increase benefits by approximately 8 percent per year until age 70.
• Work until full retirement age. While you can start collecting payments at age 62, the payments will be smaller. 
• Check your record. Review your earnings and records for accuracy by creating a my Social Security account and downloading your annual statements. 

We can review your work history and earnings records to identify opportunities for Social Security adjustments, address any discrepancies in prior benefit determinations, submit accurate requests to the SSA, and work to maximize the benefits you receive under federal rules.

Can I Receive Social Security Benefits While Working?

It’s possible to receive Social Security benefits while working, but your earnings may affect the amount you receive. 

For retirement benefits, the SSA uses a limit called substantial gainful activity (SGA) to determine how much you can earn before benefits are reduced. For disability benefits (SSDI), there are trial work periods that allow you to test your ability to work without immediately losing payments. 

We can calculate how earnings may impact your payments and assist with adjustments or Social Security appeals if your benefits are reduced incorrectly.

Are Social Security Benefits Taxable?

Social Security benefits may be subject to federal income tax depending on your total income, including wages, retirement accounts, and other sources of income. In North Dakota, Social Security benefits are not subject to state income tax, but can still affect your federal tax liability. We can help you understand how your benefits may be taxed and advise you on how to report them correctly.

How Do Social Security Benefits Interact with Disability or Medicare Programs?

Social Security benefits are closely connected to both disability programs and Medicare. If you qualify for SSDI, you may automatically become eligible for Medicare after a 24-month waiting period. Similarly, receiving SSI can help you qualify for Medicaid in South Dakota. However, North Dakota and Minnesota use their own eligibility rules. 

At Ficek Law, we can explain how your benefits affect your eligibility for disability or Medicare programs, guide you through the appeals process if coverage or benefits are delayed or denied, and guide you toward informed decisions about your financial and healthcare support.

Don’t let an unfair claim denial disrupt your financial future. Call (701) 436-2461 to schedule a free consultation with our Social Security benefits attorney. Pay no legal fees until we win or settle your case.