Law Office of James R. Linehan PC

1-800-266-9535 Nationwide TollFree

May 2011

Law Office Of James R. Linehan for iPhone, iPod touch, and iPad on the iTunes App Store

THERE IS NOW AN APP FOR THAT!

FREE FOR YOU!


Stay in touch, make instant toll free phone calls, send email, send inquiries, and keep up to date with current news events all from your Iphone, FREE of charge as a service to your from the Law Office of James R. Linehan PC


Law Office Of James R. Linehan for iPhone, iPod touch, and iPad on the iTunes App Store

 

 


Do you have a question about Social Security Disability and need quick expert answers without wanting to hire an attorney?  If yes, Click here.
 
Do you have a question about OWCP federal workers' compensation and need an expert answer without hiring anyone? If yes, then
 
 

Join Our Mailing List

Call Toll Free Nationwide

 

1-800-266-9535

 

or

 

click here to email me 

Greetings!

 

To qualify for Social Security disability benefits, it is not enough that you show that you are simply unable to work.  You must also show that you have earned enough "credits".  What are these credits and how many do you need?

Read on for more information.

How long must I work and how many credits do I need to qualify for Social Security Disability benefits?

 

Credits are records of your work history in which you paid FICA taxes into the social security system. 

 

In 2011, you receive one credit for each $1,120 of earnings, up to the maximum of four credits per year.  Each year the amount of earnings needed for credits goes up slightly as average earnings levels increase. The credits you earn remain on your Social Security record even if you change jobs or have no earnings for a while.

 

For regular retirement benefits, anyone born in 1929 or later needs 10 years of work (40 credits) to be eligible for retirement benefits. People born before 1929 need fewer years of work.

 

For disability benefits, how many credits you need depends on how old you are when you become disabled.

  • If you become disabled before age 24, you generally need 1½ years of work (six credits) in the three years before you became disabled.

  • If you are 24 through 30, you generally need credits for half of the time between age 21 and the time you became disabled.

  • If you are disabled at age 31 or older, you generally need at least 20 credits in the 10 years immediately before you became disabled. That basically means you must have worked at least 5 of the 10 years prior to the time you became disabled.

Being short even one credit can mean the difference being entitled to disability benefits and being denied disability benefits. Thus it is vitally important to you that your government records are accurate and show the true number of credits you have worked. Each year your employer is supposed to send a copy of your W-2 (Wage and Tax Statement) to Social Security. Social Security then compares your name and Social Security number on the W-2 with our records. Your earnings shown on the W-2 are recorded on your lifelong earnings record. Your lifelong earnings record is what the SSA uses to figure whether you can get future benefits and the benefit amount.  It is critical that your name and Social Security number on your Social Security card agree with your employer's payroll records and W-2. If they do not agree, you need to correct the error. It is up to you to make sure both records are correct.

If I am approved for disability benefits how much and when will SSA pay me?


If your disability application is approved, your first Social Security disability benefits will be paid for the sixth full month after the date your disability began.  So if the SSA decides that your disability began on June 15, then your benefits will not start to be paid to you until December 15. 
  
How much you will be paid again depends upon your FICA tax history and your work history earnings.  Since everyone has a different work history, everyone's disability benefits are different.  Your disability benefits will very likely be different from someone who suffers the exact same disability.
  
Every year the SSA should send to you a social security statement that shows your lifetime earning history and your estimated disability payment amount.  If the earning statement is incorrect, it is up to you to contact the SSA to correct the statement.  If you are not receiving your yearly earning statement from Social Security you can go to the SSA website and request one here: www.socialsecurity.gov
confused girl

How Then Do I Prove I Am Disabled?

Thus proving you are disabled for social security purposes requires evidence that you have enough credits to qualify.  If you do have enough credits to qualify then the SSA uses a five step-process to determine if you are disabled.
You must pass each step. These five steps are published by the SSA as follows:
  
  1. Are you working?
    If you are working and your earnings average more than a certain amount each month, you will not be considered as disabled and your application stops here. The amount changes each year. For the current figure, see the annual Update (Publication No. 05-10003).

    If you are not working, or your monthly earnings average the current amount or less, the SSA then looks at your medical condition.

  2. Is your medical condition "severe"?
    For the SSA to decide that you are disabled, your medical condition must significantly limit your ability to do basic work activities-such as walking, sitting and remembering-for at least one year. If your medical condition is not that severe, the SSA will not consider you disabled. If your condition is that severe, the SSA goes on to step three.

  3. Is your medical condition on the List of Impairments?
    The SSA has a List of Impairments that describes medical conditions that are considered so severe that they automatically mean that you are disabled as defined by law. If your condition (or combination of medical conditions) is not on this list, the SSA looks to see if your condition is as severe as a condition that is on the list. If the severity of your medical condition meets or equals that of a listed impairment, the SSA will decide that you are disabled. If it does not, the SSA goes on to step four.

  4. Can you do the work you did before?
    At this step, the SSA decides if your medical condition prevents you from being able to do the work you did before. If it does not, the SSA will decide that you are not disabled. If it does, the SSA goes on to step five.

  5. Can you do any other type of work?
    If you cannot do the work you did in the past, the SSA looks to see if you would be able to do other work. It evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work. If you cannot do other work, the SSA will decide that you are disabled. If you can do other work, the SSA will decide that you are not disabled.

  

Personal photo

Jim Linehan

Specialties: Federal workers' compensation (OWCP) Federal medical disability retirement (OPM) Social Security disability (SSA) Veterans Disability (VA) Accomplished legal professional with more 20 years of experience in preparation of complex cases. Expertly represent individuals on claims and appeals before the United States Department of Labor Office of Workers' Compensation Programs, before the United States Office of Personnel Management and Merit Systems Protection Board, and before the United States Social Security Administration. Outstanding practitioner focused on successfully representing complex claims and federal appeals for social security claimants, federal employees, and veterans nationwide. Invited by United States Congress to appear before the United States Congressional Committee of Government Reform 2000 to present summary testimony of oversight findings and recommendations for the reform of the United States Department of Labor, Office of Workers' Compensation programs. Pioneer in establishment of a "cyber" law practice.