Earnings requirements

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As I noted this past November, I am starting to see more instances when a judge will want to change the "onset date" for my client's disability.  What does this mean and should you be concerned?

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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.

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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.

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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.

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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."

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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

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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

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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

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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:

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:

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