Sunday, December 30, 2018

HOW YOUR WORK RECORD AFFECTS SOCIAL SECURITY DISABILITY

A lot of people think Social Security is a big government welfare program that gives away money.  It's not.

Social Security operates an insurance company.  They sell mandatory disability insurance to American workers.  The workers pay into the insurance and when they meet certain conditions can take money out, just like any other insurance plan.  The difference is, you are forced to buy the insurance.  Check your last pay stub.  See the deduction for FICA?  That's the Social Security and Medicare tax.

How do you pay in?  By working.  You pay about 7 cents for every $1 you earn in wages.  Your employer matches this with an additional 7 cents, for a total of about $14 per $100 in wages.  The money goes into the Social Security trust fund under your Social Security number.  It lies there until you prove you are eligible for benefits.

These contributions of FICA tax, as they are called, fund Social Security's ability to pay disability claims.

Your earnings have other impacts on your Social Security, too.

1.  Wages determine the amount of disability benefit you may get if you become disabled.  The longer you have worked, the more money you have earned, and the more FICA you have paid in--the bigger your benefit will be.

2.  A long, steady history of work also gives you credibility when you file a disability claim.  Decision makers, especially appeal judges, like to see a long, steady history of employment.  It demonstrates that the claimant has a strong work ethic, likes to work, and would continue working if he/she were able to do so.

3.  Past work may also help determine whether or not you are legally disabled if you file a claim.  If you are age 50 or above, Social Security uses something called Medical-Vocational Guidelines or "grid rules" to determine if you are still able to work.  The types of work you did over the most recent 15-year period is a big factor in determining whether or not you can get a disability benefit, especially for individuals who have reached age 50. 

So, we see that an individual's work record plays an important role in who can get disability benefits and how much those benefits will be.  When completing a disability application, Social Security will ask you to fill out a Work History Report, giving great detail about each of your past jobs.  While most claimants ignore this form as a nuisance, or only fill it out only half-heartedly, the work history will play a very vital role in whether you can get benefits.  It deserves respect and dedicated effort as part of the Social Security application process.  If you don't feel you can fill it out accurately, please get some help in doing so.  I see claims denied because the Work History Report wasn't completed or was completed partially or improperly.
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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL (256) 799-0297

SOCIAL SECURITY JUSTICE 

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