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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.

 

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