veterans lawyer

Social Security Benefits: Your Questions about Social Security Credits

Q: Social Security tells me that I don’t have enough credits to qualify for benefits. What are Social Security credits, and how can I not have enough of them when I’ve worked and paid taxes for years?

A: Credits that go towards qualifying you for benefits from Social Security are earned by working and paying your Social Security taxes. The number of credits you receive is based on both income and the number of years worked. With each year that passes, the amount of money you need to make in order to earn social security credits rises; in 2008, it is one credit for $1,050 of earnings. You can receive a maximum of four credits annually (which is why credits are also called ‘quarters’), and any credits you earn will remain on your record even during periods in which you’re not working.

A certain number of credits or quarters are required in order to qualify you to receive social security benefits. The number of credits you need for social security is based on your current age, and is calculated by the number of years you have worked. If you’re looking to be eligible for social security benefits for retirement (and are of more than 62 years of age), you will need to have 40 credits (the equivalent of 10 years of work).

It does occur, however, that a person of retirement age who has worked for what seems to be the correct number of years does not have enough credits to qualify him or her for social security benefits. This occurs to workers who, during their working careers, did not (or do not) have social security taxes taken out of their wages. This situation mostly occurs among Federal employees hired before 1984, railroad employees with ten years or more of service, and state and local government employees whose employers do not participate in social security.

Q: When will I receive my first payment after I have been approved for social security disability insurance?

A: You are not eligible to start receiving social security disability benefits until you have been injured for five months. The way the billing cycles work, though, you will not actually receive your first benefits check until six months after the date of onset of your condition. If you are awaiting back pay benefits, they are usually paid within 2 months of approval. Please note that you will not be given backpay for the 5 month waiting period after your onset date. If you have any questions regarding backpay or the length of time it is taking for you to receive your benefits, it may be wise to speak with a social security lawyer.

Q: Will your dependents also receive disability payments?

A: Certain family members may be eligible to receive benefits, as well. Unmarried children under the age of 18 are eligible. If your child is a student, he is eligible until he turns 19. If your husband or wife is 62 or older, he or she might be eligible for benefits. At any age your husband or wife may be eligible if he or she is providing financial support to your children that are under the age of 17. The amount of benefits your qualified family members receive may be as much as half of the monthly payment amount to which you are entitled. Contact a social security lawyer, if you have any concerns about eligibility or applying for disability benefits for any of your family members.

Q: When you are currently receiving social security disability payments and your file is reviewed, what does it mean?

A: Social Security conducts regular reviews of all disability cases that were awarded benefits. When your claim is approved, a review schedule is set and is dependent upon the particular details of your condition. Most reviews are usually conducted every one, three, and seven years. Many state social security agencies have a bit of a review logjam right now, which means that many reviews are not happening on the one, three, seven year timeline. Because of that, you should be ready for a review at any time. The purpose of the reviews are to make sure that Social Security has the most current information about your medical and employment situation. Disability examiners are interested in determining whether your injury has improved, worsened or remains the same. A social security lawyer can assist you with any issues that may arise as a result of a continuing disability review. The experience and knowledge of a social security lawyer can be invaluable, if you are worried about losing social security disability benefits due to changes in your condition or employment.

There are many people out there that have questions about the Social Security Disability process, how it works, if they qualify and what to do. If you are not familiar with the ins and outs of the Social Security Disability process, applying for benefits can be a pretty frustrating experience. Sound familiar? Well, you are not the only one feeling frustration with the process. Here are some basic questions that we hear a lot and a few simple straight forward answers to those questions. Hopefully this will help you decide what your next step is going to be or at least where to look for help.

One question that is asked almost more than any other is “What is the difference between Social Security Disability and Supplemental Security Income?” This is a good question because there is a big difference in the two. Social Security Disability is known as SSD and Supplemental Security Income is known as SSI. The common ground between the two is they are both for disabled citizens, but that is where the commonality ends.

SSI is for those people that are disabled and have never worked or have not worked enough to qualify for SSD. This would include children, stay at home parents or spouses, or younger individuals that worked but did not pay enough into Social Security in the last 5 to 10 years to be eligible for SSD before they became disabled. Supplemental Security Income is a benefit given based on income as well as disability, so if you have a spouse who makes too much money, you may be denied benefits even if you would qualify otherwise.

Social Security Disability works like this: you work, you pay taxes, and you pay for Social Security. The Social Security Administration keeps records on each individual, recording how many years they worked, how much they earned, and how many Social Security “quarters” they have worked and paid. Once a person has qualified for SSD benefits, a Social Security record or statement will be provided to them annually. This statement will detail how much money you could receive if you became disabled and approved for Social Security Disability benefits. This statement also tells you your Date Last Insured often referred to as your DLI.

Q: “How can I get a copy of my statement?”

A: Getting a copy of your SSD record is easy; simply contact the Social Security Administration and ask. You can also obtain information from your statement over the phone, like your DLI, the amount of time you are recorded as having worked, etc. To locate your local Social Security office, simply call 1 800 772 1213 or visit the Social Security Administration’s website.

Q: “I have worked almost all of my life? How is it possible that I do not qualify for SSD benefits?”

A: This is a situation that is different for every person. Paying “quarters” into Social Security is similar in concept to paying for health insurance. Insurance benefits will end after a certain time has elapsed since you last paid. This is the same for Social Security. If you work for 25 years and you decide to take early retirement you are now not “paying” into Social Security. After this, you only have a certain amount of time before your Social Security Disability coverage will end. If you find yourself in this situation, you will probably want to think about applying for Supplemental Security Income benefits.

Q: “I paid good money into the Social Security system, and now it is gone! Why can’t I get it back?

A: While you certainly have a point, the Social Security system just does not work this way. You do have to be found medically disabled even for SSD benefits. Paying into the system simply qualifies you for Social Security Disability.

Q: “I am currently receiving SSD benefits, but it is just not enough money. How do I get more?.

A: This is often what people say and this situation is understandable. Unfortunately when you are receiving Social Security Disability there is not a such thing as getting more money. With SSD you are either approved and receiving the entire benefit available to you or you are denied and receive nothing. There is only so much “money” in your “account” to be withdrawn. It is similar to if you had a regular bank account that you withdrew monthly funds from, there is only so much money in that bank account and no more is being added because you are not working.

Q: “Before I went to jail, I was receiving Social Security Disability. Why do I no longer receive my benefits?

A: When a person is incarcerated, they become a ward of the state, which pays for food, board, etc., Because of this the Social Security Benefits are stopped and when you are released you often have to reapply for benefits. In this situation it may be a good idea to contact an attorney or professional that is familiar with this type of situation.

Q: “How long does this process take?”

A: The answer to this changes from applicant to applicant. Almost everyone is denied at least once if not twice. Because of this, the application process generally takes anywhere from two to five years. If you are in the middle of this process, and have a hearing scheduled to evaluate your application, it is a good idea to speak with a professional who understands the ins and outs of the SSD process. Most consultations are free and they can usually tell you then if they will take your case or not.

Q: “My SSD application was approved, and I have been receiving benefits. Now they tell me they paid me too much and I have to pay them back.” A: This can happen and it is referred to as an overpayment case. If this happens to you, the first thing you need to do is speak to a lawyer who handles these kinds of Social Security cases.

If you find yourself in any of these situations and you are not sure what to do start asking questions. Contact a local professional for a free consultation and just because one attorney does not want to take your case doesn’t mean that another attorney wont. There are attorneys that handle SSI but not SSD and there are attorneys that handle all types of situations with social security benefits. If you do not know how to find a Social Security lawyer or who you should speak to first, there is a referral agency for lawyers who work with Social Security cases. This agency is called the National Organization for Social Security Claimant’s Representatives, or NOSSCR. If you call them and let them know what type of social security situation it is, such as SSI benefits, an overpayment case, a cessation (where they stopped your benefits) etc, they will give you the name and number of an attorney in your area to contact.