What Makes Someone Eligible For Social Security Disability?

Social Security Disability Eligibility

The question of whether or not someone can qualify for Social Security Disability Insurance is complicated. The rules governing who is eligible are specific, and if you meet the requirements, you can expect to get some of your monthly benefits. If you don't, you may be denied.

The eligibility rules for Social Security Disability Insurance are set out in Title II of the Social Security Act. The program pays benefits to retired workers or disabled individuals who have worked and paid Social Security taxes. You must have worked long enough to earn Social Security credits, which allow you to collect benefits after reaching retirement age. You also have to be disabled and unable to work.

Ways To Apply

There are two ways that someone can apply for Social Security Disability Insurance benefits. They can file an application based on the amount of time they have worked, or they can file an application based on the amount of money they have lost due to their disability.

When determining how much time you've worked, the Social Security Administration takes into account how long you've held a job. In order to qualify for benefits, you must have worked for a certain number of hours within the past year. If you have worked for the same employer for more than a year, your work history may be averaged together.

The average number of hours worked per week depends on the nature of your job. For example, if you work in an office, your average workweek may be 35 hours. If you work as a laborer, your average workweek may be 40 hours.

How To Calculate Credits

The length of your average workweek determines how many months of work you can be credited with. If your workweek is 35 hours, you can be credited with three months of work, and if your workweek is 40 hours, you can be credited with four months. The length of your average workweek is determined by dividing the number of hours you actually worked in the past year by the number of hours you were expected to work.

After you have calculated the number of months of work that you are credited with, the Social Security Administration will take that number and divide it by 12 to determine how many weeks you were expected to work. If you were credited with 3 months of work, you are credited with 28 weeks of work. If you were credited with 4 months of work, you are credited with 40 weeks of work.

For purposes of calculating how much you have lost, the Social Security Administration will take into account how much you earn. Your earnings history will be compared to the earnings history of the average worker, adjusted for age. The Social Security Administration will look at your highest earnings, but it will use the average of your highest earnings and the lowest earnings to determine how much you will receive in Social Security Disability Insurance benefits.

If you have lost wages, the Social Security Administration will multiply the difference between your highest earnings and the average earnings of the average worker, adjusted for age, by 25. The Social Security Administration will then reduce this number by the amount of earnings that you earned prior to the onset of your disability. If you earned $40,000 before you became disabled, the Social Security Administration will reduce your award by $40,000.

You can lose benefits if you earned more than the average earnings of the average worker, adjusted for age, before your disability began. This is called your "earnings base." The earnings base is adjusted for inflation, but it does not include any earnings you might have received from a previous employer.

Once you have met the eligibility requirements, you will have a choice of how you want to receive your benefits. You may receive them on a monthly basis, as a lump sum, or in a combination of both.

To learn more, contact Markhoff & Mittman P.C.