HISTORY: Congress passed the Social Security Act in 1935 as a pension program for elderly Americans, allowing them to draw an "old age pension" when they reached 65 years of age. The purpose was to help reduce poverty among America's aging population. The original act provided for no disability benefit.
In 1955, Congress took note of hundreds of thousands of workers who became disabled prior to age 65 but had no disability insurance to help ease the hardship of lost wages. A debate began concerning adding a disability benefit to Social Security.
THE PROBLEM: Congress realized that the strained federal budget could not support another entitlement program paid for by federal dollars. What they came up with was an entirely separate disability trust fund, not supported by federal tax dollars at all. The trust fund would be supported by specific taxes on workers and their employers. Under the new Federal Insurance Contributions Act (FICA), each worker would have a percentage of his wages withheld and paid into the federal trust fund. The employer would also be required to pay an equal or matching amount into the fund. When a disability claim occurred, the benefit would be paid out of the trust fund, not out of the US treasury. So, no treasury tax dollars would be spent.
THE SOLUTION: The Social Security Administration (SSA) collected money from workers, much the same way that a private insurance company would. They pooled this money in a disability trust fund and distributed money to disabled beneficiaries, just like an insurance company would do. The difference between SSDI and private insurance is that SSDI withholding is mandatory (you can't avoid it), while paying private insurance premiums is optional (your choice).
WHAT YOU NEED TO GET DISABILITY BENEFITS
1. You must have worked enough to accumulate the minimum quarters of coverage. Most workers need 20 quarters of coverage accumulated during the past 10 years. Stated simply, you need to have worked at least 5 years out of the the past 10 years.
2. You cannot be currently working at substantial gainful activity. You cannot hold a substantial job and apply for SSDI at the same time. A job is substantial if your gross earnings or self-employment income are at least $1,180 per month.
3. You must have a medically determinable impairment that has (a) lasted for at least 12 consecutive months, (b) is expected to last for at least 12 consecutive months, OR (c) is expected to end in death. This is called the duration requirement.
4. Your medical impairment must be severe enough to prevent you from performing any full-time work activity, not just the job you are accustomed to or trained for. (Rules are a bit different for persons over age 50).
A Final Thought
Social Security denies over 70 percent of all disability claims--even some that meet the rules and should be paid. Mistakes are frequent. Nearly everyone who eventually gets a benefit must appeal their denied claim and appear before a US administrative law judge for a hearing. Your chances at the hearing are much better, particularly if you have an experienced disability advocate who knows how to prepare and present you case to meet the federal rules. So, the biggest mistake you can make is failing to appeal your denial, or waiting too long to file the appeal. You must appeal within 60 days of the denial decision. This is a strict deadline.
__________
by Charles W. Forsythe
Social Security Disability Representative
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
Across from Bridge Street
PHONE US: (256) 799-0297
EMAIL ME: forsythefirm@gmail.com
SOCIAL SECURITY JUSTICE WEBSITE
No comments:
Post a Comment