The Social Security Benefits Handbook


For those looking for accessible assistance in using and understanding Social Security benefits, attorney and former Social Security claims representative Stanley A. Tomkiel, III cuts through the complex issues and explains the benefits in a clear and concise manner.

In addition to covering all the basics, included in this new edition are changes in the disability benefits schedule, explanations of the criteria used for working after retirement and still being able to collect ...

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For those looking for accessible assistance in using and understanding Social Security benefits, attorney and former Social Security claims representative Stanley A. Tomkiel, III cuts through the complex issues and explains the benefits in a clear and concise manner.

In addition to covering all the basics, included in this new edition are changes in the disability benefits schedule, explanations of the criteria used for working after retirement and still being able to collect Social Security benefits and example situations for easy understanding of complex regulations. Additional new material focuses on changes to Medicare/Medicaid benefits.

This complete guide will help you get all the benefits you are entitled to.

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Product Details

  • ISBN-13: 9781572485778
  • Publisher: Sourcebooks, Incorporated
  • Publication date: 1/1/2008
  • Series: Social Security Benefits Handbook Ser.
  • Edition description: REV
  • Edition number: 5
  • Pages: 368
  • Sales rank: 438,145
  • Product dimensions: 6.00 (w) x 8.80 (h) x 1.10 (d)

Meet the Author

Stanley A. Tomkiel, III is a practicing attorney and a partner with his son in the New York law firm of Tomkiel & Tomkiel, with offices in Manhattan and Yonkers. He is admitted to practice law in New York and in Florida. Tomkiel & Tomkiel is listed in the Bar Register of Preeminent Lawyers.

Before practicing law, Mr. Tomkiel was a claims representative for the Social Security Administration and worked in several offices in the Northeast, including New Jersey, Connecticut, and Massachusetts. After becoming an attorney, he handled Social Security disability claims on behalf of disabled claimants for many years. He now is available as a consultant to professionals, including lawyers, accountants, and financial planners dealing with Social Security issues.

He lectures at continuing legal education seminars and is a member of numerous professional associations. Mr. Tomkiel has achieved the highest rating-AV-by Martindale-Hubbell, which indicates very high to preeminent legal ability and very high ethical standards as established by confidential opinions from members of the bar.

Mr. Tomkiel received his Bachelor of Arts in English from Manhattan College, Bronx, N.Y., and his Juris Doctor law degree from Western New England College, School of Law, Springfield, Mass. He is married and the father of two children.

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Table of Contents


CHAPTER 1: THE SOCIAL SECURITY ADMINISTRATION Section 101 The Social Security Administration-In General Section 102 Internal Offices Section 103 Telephone Services Section 104 Internet Website Section 105 Field Offices Section 106 District Office Personnel Section 107 The Programs Operations Manual System

CHAPTER2: ELIGIBILITY REQUIREMENTS Section 201 Eligibility Requirements-In General Section 202 Retirement Benefits Section 203 Disability Benefits Section 204 Spouse's Benefits Section 205 Child's Benefits Section 206 Parent's Benefits Section 207 Medicare Generally Section 208 Lump Sum Death Payment Section 209 Being Age 62 "Throughout the Month"
Section 210 Marriage Requirement Section 211 Exceptions to the One-Year Duration of Marriage Requirement for Spouse's Benefits Section 212 Exceptions to the Nine-Month Duration of Marriage Requirement for Widow(er)'s Benefits Section 213 Child in Care Requirement Section 214 Child Relationship Requirement Section 215 Dependency Requirements-Children and Grandchildren

CHAPTER 3: ENTITLEMENT ON MORE THANONEACCOUNT Section 301 Entitlement on More Than One Account-In General Section 302 On Your Own Earnings Record and as a Husband/Wife Section 303 On Your Own Account and Widow(er)'s Benefits Section 304 As a Spouse and as a Widow(er)
Section 305 As a Spouse and as an Ex-Spouse Section 306 As the Widow(er) of Two or More Workers Section 307 Disability Benefits and Retirement Benefits Section 308 Child Entitled on More Than One Account Section 309 Other Combinations of Benefits

CHAPTER 4: APPLICATIONS Section 401 Applications-In General Section 402 Protective Filing Statement Section 403 Who May File an Application Section 404 When to File an Application-In General Section 405 When You Do Not Have to File an Application Section 406 Retroactivity of Applications Section 407 Rules on Medicare Enrollment Section 408 When to Start Your Benefits-The Month of Election Section 409 Required Documents-In General Section 410 Proof of Age Rules Section 411 Proof of Marriage Rules Section 412 Special Problems for Business Owners Section 413 Processing Time Frames Section 414 Withdrawal of Application

CHAPTER 5: DISABILITY BENEFITS-SPECIAL PROVISIONS Section 501 Disability Benefits-In General Section 502 Definition of Disability Section 503 Earnings Record "Freeze"
Section 504 Substantial Gainful Activity Section 505 Date of Onset Section 506 Unsuccessful Work Attempt Section 507 Waiting Period Section 508 Closed Period of Disability Section 509 Trial Work Period Section 510 Reentitlement Period Section 511 Effect of Workers' Compensation Benefits Section 512 Effect of Other Kinds of Benefits or Payments Section 513 When Disability Benefits End Section 514 Continuing Disability Review Section 515 Ticket to Work

CHAPTER 6: INSURED STATUS-WORK REQUIREMENT Section 601 Work Requirement-In General Section 602 Fully Insured Status Section 603 Currently Insured Status Section 604 Disability Insured Status Section 605 Quarters of Coverage-In General

CHAPTER7: BENEFIT AMOUNTS Section 701 Benefit Amounts-In General Section 702 Computation of Benefits Section 703 Reductions for Age-In General Section 704 Recomputations-In General Section 705 Deductions-In General

CHAPTER8: EARNINGS LIMITATIONS Section 801 Earnings Test-Introduction Section 802 Earnings Limits-In General Section 803 How Earnings Are Charged against Monthly Benefits Section 804 Monthly Earnings Test Section 805 Income That Counts Section 806 Income That Does Not Count Section 807 When Earnings Are Counted Section 808 Self-Employment Income and Losses Section 809 Special Problems for Business Owners Section 810 Special Rule for the Year of Death Section 811 Work outside the United States

CHAPTER9: REPORTING REQUIREMENTS Section 901 Reporting Requirements-In General Section 902 Reporting Earnings-In General Section 903 Late Filing-Penalties Section 904 Reporting Changes in Marital Status Section 905 Reporting Changes in Student Status Section 906 Reporting Child Not in Care Section 907 Reporting Death Section 908 Reporting Changes in Disability Cases Section 909 Reporting Work Outside the United States

CHAPTER 10: PAYMENT,NONPAYMENT, AND NONRECEIPT OFCHECKS Section 1001 Checks-In General Section 1002 First Check Section 1003 Regular Monthly Checks Section 1004 Combined Checks Section 1005 Special Checks Section 1006 Direct Deposit Section 1007 Nonpayment-In General Section 1008 Suspension of Benefits Section 1009 Termination of Benefits Section 1010 Lost or Stolen Checks Section 1011 What to Do if Your Check Does Not Come Section 1012 Replacement Checks Section 1013 Expedited Payments Section 1014 When to Go to Your Congressperson

CHAPTER 11: OVERPAYMENTS Section 1101 Overpayments-In General Section 1102 Common Causes of Overpayment Section 1103 Overpayment Procedures Section 1104 Waiver of Overpayment Section 1105 Without Fault Section 1106 Against Equity and Good Conscience Section 1107 Defeat the Purpose of Title II Section 1108 Guidelines on Assets Section 1109 Guidelines on Income and Expenses Section 1110 Compromise Settlements Section 1111 Guidelines for Accepting Compromise Offers Section 1112 Repayment Section 1113 Deductions Section 1114 Installments

CHAPTER12 MEDICARE Section 1201 Medicare-In General Section 1202 Hospital Insurance Section 1203 Medical Insurance Section 1203.1 Prescription Drug Coverage Section 1203.2 Part D Enrollment Periods Section 1204 Private Health Insurance Section 1205 What Is Not Covered Section 1206 Assignment of Benefits Section 1207 When to File Claims Section 1208 Processing of Claims Section 1209 Medicare Card

CHAPTER13 APPEALSPROCESS Section 1301 Appeals-In General Section 1302 What You Can and Cannot Appeal Section 1303 Reconsideration Section 1304 Personal Conference-Overpayment Cases Section 1305 Hearing Section 1306 Appeals Council Review Section 1307 Court Review Section 1308 Time Limits Section 1309 Reopening Closed Cases Section 1310 Attorneys

CHAPTER 14 MISCELLANEOUS PROVISIONS Section 1401 Supplemental Security Income Section 1402 Black Lung Benefits Section 1403 Benefit Estimates Section 1404 Obtaining Your Earnings Record Section 1405 Correcting Your Earnings Record Section 1406 Reporting Change of Address Section 1407 Claim Numbers and Beneficiary Identification Codes Section 1408 Who Gets Benefits Due a Deceased Beneficiary Section 1409 Taxation of Social Security Benefits Section 1410 Immunity of Benefits from Creditors Section 1411 Criminal Penalties for Fraud Section 1412 Foreign Social Security Credits Section 1413 Railroad Employment Section 1414 Receiving Benefits for Someone Else-The Representative Payee


Stanley A. Tomkiel, III received his law degree from Western New England College School of Law in Springfield, Massachusetts. He was admitted to the bar in both New York and Florida. Mr. Tomkiel was previously employed by the Social Security Administration as a claims representative in various district offices in the Northeast. He currently practices law and resides in Yonkers, New York.

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