INSURANCE
BENEFITS
Individuals who work pay taxes into the Social Security System. Their contribution is matched by the employer. These taxes pay for benefits which can be received when the individual retires, or becomes disabled.
In order to receive benefits, the worker must have a sufficient number of quarters of earnings. For retirement benefits, 40 quarters are required. For disability, the number depends on the worker's age, and in addition, there is a requirement that the disability begin within a certain period of time after the last period of employment.
In addition, the worker must either reach retirement age, or have become disabled.
If the worker is receiving benefits, an additional benefit can be paid for a minor child, or spouse (if retired, over age 50 and disabled, or caring for a minor child).
The amount of benefits depends on the amount of earnings using a formula which is indexed for inflation.
SUPPLEMENTAL SECURITY INCOME
Supplemental Security Income (SSI) is a program designed to provide a minimum level of income to persons who are elderly, blind, or disabled. In order to receive these benefits, the individual must not have income and assets above specified levels. In addition, they must be over the age of 65, blind, or disabled. The definition of disability is the same for SSI and Disability Insurance Benefits.
If an individual has some income they may receive a reduced SSI benefit. This includes income of a spouse or parent (in the case of a disabled child).
DISABILITY BENEFITS
A person is considered to be "disabled" for Social Security purposes if he or she is unable to work, as a result of a physical or mental impairment, which has lasted, or is expected to last for at least 12 months. Social Security Disability is "total" disability, in that they consider not only whether one could perform the duties of their past work, but also whether there is other work which they could perform. The person's age, education, and prior work experience is considered as well as the individual's limitations.
A five step process is used to decide whether a person is disabled
1. Is the claimant working?
Some work is allowed; for most purposes, work is considered substantial if a person is earning a specified amount per month ($900 for 2007).
2. Does s/he have a severe impairment?
This is essentially a screening step: does the person have an impairment (or combination of impairments) which has
some effect on their ability to work.
3. Does the impairment meet or equal one of the "listed" impairments?
Certain conditions are so serious as to result in an automatic finding of disability.
4. Can the claimant perform his or her past work?
Taking into consideration the individual's physical or mental limitations, and the requirements of that work.
5. Is there other work which s/he can perform?
Coonsideration is given to his or her age, education and past work experience, as well as to the restrictions which a person is found to have. The work must be a full time job, of a kind which exists in substantial numbers. Social Security does not consider whether a person would be hired for that job - only whether
he could perform the duties of that job.
SOCIAL SECURITY APPEALS
