I received a question from one of my blog readers asking about date calculations. I wish I could tell you that understanding Social Security's date calculations and acronyms was easy but I can' t say that. I will try to offer some explanation about this confusing area.
i got an amended date signed by the judge but the social ser, office only went back to 2005 when i had the hearing and not the amended date that i was told they would go too. can you help me undersatnd this date stuff.
–Sandra
My reponse: Sandra, for sake of this blog post, I am going to talk mainly about SSDI benefits. I'll touch on SSI but I'll make SSI date calculations the subject of a later post.
So that everyone is on the same page, when I speak about SSDI, I am talking about Title II disability – the kind of disability that you receive if you have worked and paid money into the system. In order to qualify for SSDI, you have to be "insured" and have enough credits. I am going to assume that Sandra has enough credits and that there is no issue regarding her eligibility for SSDI.
When you apply for SSDI, you will be asked about the "onset date" for your disability. Since you are contending that you no longer have the capacity to work, I usually find that a good onset date is the day that you left your last full time job. You can voluntarily change your onset date – sometimes I discover that my client chose a date that was many months after he was able to work and I amend the onset date to an earlier date. In other cases, I find that my client used an onset date that was two or three years before she stopped working – in that case I might recommend that we amend the onset date forward as it is hard to argue that my client is disabled when she was still working full time. Read more on Am I Getting the Right Amount of Money – Understanding Social Security's Date Calculations…
I regularly get questions from readers of my blog and web site about SSI, SSDI and the differences between the two. The biggest difference: you will be eligible for SSDI if you have worked and paid Social Security taxes into the system. Generally to be fully insured, you need to have worked and paid taxes for 5 out of the last 10 years.
If you have worked consistently for 10 years then stopped working, therefore, you "insurability" will follow you for approximately 5 years.
One of the pieces of information I always look for is my client's "date last insured" for SSDI. If you have not worked regularly or if there is a big gap between dates that you worked, your date last insured could be an issue. In order to recover SSDI, your onset date has to be earlier than your date last insured. Read more on How Does the Judge Decide if You are Approved for SSI or SSDI…
I regularly get calls from potential clients who apply for Social Security disability, only to discover that they do not have enough credits to pursue a Title II SSDI claim. In such cases, the only other option would be to pursue a Title XVI SSI claim. However, SSI benefits are usually lower ($674 per month for an individual in 2009) and, more importantly, SSI payments are subject to offset if the claimant has a spouse who works.
I see this a lot among self employed people, or salespeople who are paid in cash and do not have money withheld for Social Security taxes. Here is an email I received from the wife of such a claimant:
I have worked and paid into social security since 1965. My husband worked on and off for the past 30 years, but has not regularly paid in to social security. Ten years ago he was diagnosed with MS and he has been unable to work at all. I went to Social Security to ask if I could get disability payments for him and they told me that I earned too much money ($45,000 annually). I am now about to retire at age 60 and would like to collect disability for him. I've gone through web searches and there is such a mire of information – I don't know where to begin. Can he collect against the money I've paid in? He is completely dependent on me.
Jonathan's response: unfortunately I think that you are out of luck. Read more on Can Claimant With Sporadic Work History Collect on Working Spouse's Earnings Record?…
Back in January, I answered a question from a blog reader about Social Security disability credits. That reader wondered why Social Security had advised her that she had "run out of credits."
Read more on What is my "Date Last Insured?"…
I was diagnosed last Thursday by my neurologist with post traumatic stress syndrome resulting from three MVA's. I have other related injuries and have tried to do several jobs, after a long career, and cannot do it. Is there any relief for me?
I did pay into social security from 1982 to 1989 but from 1988 to 2005 was in the school system that did not pay in. We did pay in to medicare, etc. however.
Am I eligible for any benefits?
–Jeff
Read more on My Work History Has Not Been Consistent – Can I Still Claim SSDI Benefits?…
I have found your site and have been reading your comments. I have been on SSDI since 2002. I was a registered nurse for 15 years- always working with no lapses. At on point I was working two full time jobs (no sleep). I worked the two full time jobs for about a year and 1/2. I earned a very decent living. I saw in one of your posts that SSDI is usually about $1500 a month. Mine started at $1200/month- now it is up to $1300/month. Why the difference in amounts? I would desperately like to go back to work- but it doesn't look good. Every penny counts now. In this situation does a person have any recall? Thanks.
–Deb
Read more on How Do I Know if my SSDI Monthly Benefit Payment Amount is Correct?…
My husband had a spinal cord injury and is totally disabled but SS denied his claim because I(his wife) makes too much money. I make $62,000 a year and we have a child in college. Does this denial make sense? He made about $25,000 per year before the injury. We have gone bankrupt and risk losing the house.
Ms. B
Read more on Wife's Income Offset's Husband's SSI Benefit Claim…
Dear Jonathan, I had a question posted several months ago concerning working full-time after being granted SSDI, and I had another related question. I'm currently working full-time as a computer programmer, which is the type of job I had previously. If I were to stop working again because of health reasons, and return to SSDI, would the social security taxes I've paid in the past year result in an increase to my SSDI benefits, or would the amount remain the same? Thank you.
–Morris
Jonathan Ginsberg responds: Morris, good to hear from your again, and thanks for the question. Here are my thoughts:
Read more on Trial Work Period Earnings After Benefits Awarded – Will Benefit Amount Increase?…
I receive a number of inquiries about Social Security earnings credits for veterans. In researching this issue, it appears that Social Security has a mish-mash of rules about how to credit service hours for veterans, especially for military service in World War II, the Korean War and even Vietnam.
Here is the link to a page that summarizes rules about Social Security earnings credits for veterans. It appears to me that there is no single answer to this question – it appears that the years of service and the status of the serviceman or servicewoman determine how many credits are awarded.
Social Security has also published a booklet that summarizes the rules for calculating Social Security earnings credit for veterans of military service. These rules include the following:
Read more on Social Security Earnings Credits for Military Veterans…