Skip to main content

ARE YOU INSURED FOR SOCIAL SECURITY DISABILITY?

I think it surprises many people to hear Social Security referred to as "insurance."  But it is.  SSDI is short for Social Security Disability Insurance.

To get benefits from any insurance plan, you must be insured.

Simply put, you pay Social Security to insure you--just like you pay your homeowners or auto insurance company to insure you.  The premiums are just collected differently.

Social Security collects its "premiums" through FICA tax.  FICA stands for Federal Insurance Contributions Act, passed in 1935 when the Social Security Administration was started.

The FICA law requires most workers to pay a Social Security tax out of their wages.  The employer match the amount paid by the employee.  These payroll with holdings and the employer's match goes into the Social Security disability trust fund and are used to pay benefits to disabled workers. (If you look at one of your pay stubs you will see where "FICA" was deducted from each check).

 This explains why not everyone is covered by Social Security disability benefits.

Generally, an individual must have accumulated 40 quarters of coverage, with 20 of them being earned during the last 10 years.

A worker may earn up to 4 quarters each year.  So, in 10 years of regular work, 40 quarters (also called "credits") may be earned.  (These credits do expire about 5 years after you stop working, no matter why you stop).

Therefore, when a new claimant comes into my office wanting to get Social Security Disability Insurance (SSDI) benefits, my first question is:  "When did you last work?"  If the individual has not worked for 5 years or longer, it is likely he/she is not insured for SSDI and would have no benefits, even if disability could be proven.

So, the bottom line is:  SSDI benefits are available to disabled persons who worked at a job (or jobs) which deducted FICA taxes from their pay.

Can a self-employed person get SSDI?  Yes, but (s)he must meet the same quarters of coverage rule as other workers.  It is important for the self-employed individual to pay FICA tax.  No FICA paid in, no benefits may be taken out.

The information I have given here is general and applies to most people; but no to everyone.  For example, individuals under age 31 have different rules about quarters of coverage.  If you are not sure whether you have adequate quarters to file an SSDI claim, contact your local Social Security office.  Ask, "When is my Date Last Insured (DLI)?  This is the date your SSDI coverage is paid up to.  If the date is not in the past, you are still covered.

If you are covered, you will now have to meet the other rules to get an SSDI benefit.  These cases can be very complicated.  Many claimants find it helpful to have an experienced disability advocate or attorney assist in trying to get benefits.  

The Forsythe Firm in Huntsville provides a free case evaluation at no obligation.  If we represent you, no fee is due unless you win your benefits and receive pass due benefits (back pay).  We never ask you for a payment.  (256) 799-0297.

 

Comments

Popular posts from this blog

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION  The paperwork for Social Security disability is daunting:  page after page of never-ending questions.  But, since most applications will be denied, it behooves you to complete the application correctly.  Here are some mistakes on your Social Security disability application that may ruin your claim.   Failing to Fill Out the Forms —The Social Security Administration (SSA) will send you a lot of forms to fill out. It’s up to you to make sure that you fill out every part of those forms correctly.  Don’t forget: if a question doesn’t apply to you, put “not applicable” or “N/A” in the provided space.   Do not leave anything blank. Return all forms within 10 days. If you don't your application may be discarded or withdrawn. Writing Illegibly —If your case reviewer can’t read your answers, then he/she can’t really say that you answered that question. Be sure the  answers to questions are nea...

WHAT TYPE OF DENIALS DOES SOCIAL SECURITY ISSUE?

In Social Security disability, the most common denials are medical denials.  This means that Social Security doesn't believe the medical evidence in your case meets the exacting standards for an award of disability.  There are technically two kinds of medical denials: 1.  You are able to perform some of your past relevant work.  They have looked at your work history for the past 15 years and judged that your medical conditions permit you to perform one or more of your past jobs.  This is what we call a "Step 4 denial." 2.  You are not able to perform any of your past work - but there is other work in the national economy that you are able to do.  This is called a "Step 5 denial" because it occurs at the 5th and final "step" in the decision making process. There are other types of denials, not nearly as common as the two above.  We sometimes think of these as "automatic" denials or "technical denials."  They are not medical decisions...