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How to Qualify for Social Security Benefits

A. Military and Social Security Benefits

The earnings of people who serve in the military services on active duty or on active duty for training have been covered under Social Security since 1957. Inactive duty service in the armed forces reserves (such as weekend drills) has been covered by Social Security since 1988. However, people who served in the military before 1957 did not pay into Social Security directly, but their records are credited with special earnings for Social Security purposes that count toward any benefits that might be payable. Additional earnings credits are given to military personnel depending on when they served. This fact sheet explains how and when these special earnings are credited and provides other general information military personnel need to know about the benefits available from Social Security.

1. Paying Social Security And Medicare Taxes

While you're in the military service (from 1957 on), you pay Social Security taxes the same way civilian employees do. Those taxes are deducted from your pay and an equal amount is paid by the U.S. government as your employer. In 1999, the tax rate is 7.65 percent up to a maximum of $72,600. If you earn more than that, you continue to pay the Medicare portion of the tax, 1.45 percent, on the rest of your earnings.

2. Social Security "Credits"

You earn Social Security credits when you work in a job covered by Social Security. Before any benefits can be paid on your record, you must have credit for a certain amount of work covered by Social Security. In 1999, you earn four credits (the maximum) if your annual earnings are $2,960 or more. (You earn one credit for each $740.) The amount needed for each credit will increase in future years to reflect increases in average wages. The number of credits you need to qualify for Social Security depends on your age and the type of benefit you might be eligible for. Nobody needs more than 40 credits (10 years of work or military service) to be eligible for Social Security. In some situations, you can qualify with less than 40 credits.

3. Earnings Added To Military Records For Social Security Purposes

The "credits" mentioned in the previous section determine if you are eligible for Social Security. The amount you get from Social Security depends on your earnings averaged over much of your working lifetime. Generally, the higher your earnings, the higher your Social Security benefit.
Under certain circumstances, special earnings can be credited to your military pay record for Social Security purposes. These extra earnings may help you qualify for Social Security or increase the amount of your Social Security benefit. The extra earnings credits are granted for periods of active duty or active duty for training. (No additional earnings are granted for inactive duty training, and Social Security cannot add extra earnings credits to your earnings record until you file for Social Security benefits.)
Here's when the additional earnings are granted:

a. Service In 1978 And Later

For every $300 in active duty basic pay, you are credited with an additional $100 in earnings up to a maximum of $1,200 a year. If you enlisted after September 7, 1980, and didn't complete at least 24 months of active duty or your full tour, you may not be able to receive the additional earnings. Check with Social Security for details.

b. Service In 1957 Through 1977

You are credited with $300 in additional earnings for each calendar quarter in which you received active duty basic pay.

c. Service In 1940 Through 1956

If you were in the military during this period, including attendance at a service academy, you did not pay Social Security taxes. However, your Social Security record may be credited with $160 a month in earnings for military service from September 16, 1940, through December 31, 1956, under the following circumstances:

- you were honorably discharged after 90 or more days of service; or
- you were released because of a disability or injury received in the line of duty; or
- you are still on active duty; or
- you are applying for survivors benefits and the veteran died while on active duty.

You cannot receive these special earnings credits if you're already receiving a federal benefit based on the same years of service. But there is one exception to this rule: if you were on active duty after 1956, you can still get the special earnings for 1951 through 1956, even if you're receiving a military retirement based on service during that period.

4. Applying For Social Security Benefits

There are many kinds of benefits available from Social Security besides those for retirement and disability. Members of your family and your dependents can receive survivors benefits if you should die. There's also Medicare coverage and Supplemental Security Income (SSI) payments. For more information about these benefits, ask Social Security for a copy of the booklet, Understanding The Benefits (Publication No. 05-10024).

When you apply for Social Security benefits, you'll be asked for proof of your military service (DD Form 214), or information regarding your reserves or National Guard service.

5. If You Get Both Social Security And Military Retirement

You can get both Social Security benefits and military retirement. Generally, there is no offset of Social Security benefits because of your military retirement. You'll get your full Social Security benefit based on your earnings. However, your Social Security benefit may be reduced if you also receive a government pension based on a job in which you didn't pay Social Security taxes. Ask Social Security for a copy of the fact sheet, A Pension From Work Not Covered By Social Security (Publication No. 05-10045).

Social Security survivors benefits may affect benefits payable under the optional Department of Defense Survivors Benefit Plan. Check with the Department of Defense or your military retirement advisor for more information.

6. SSI For Children

SSI pays monthly benefits to people with low incomes and limited assets who are 65 or older or blind or disabled. If you have a child who gets SSI, those payments may continue if you''re stationed outside the United States (including Puerto Rico and U.S. territories and possessions) while in military service and the child lives with you. Your child must have received SSI the month before you reported for duty.

7. A Word About Medicare

If you have health care protection from the Department of Veterans Affairs (VA) or under the CHAMPUS or CHAMPVA program, your health benefits may change or end when you become eligible for Medicare. You should contact the VA, the Department of Defense or a military health benefits advisor for more information.

8. For More Information

You can get recorded information about Social Security coverage 24 hours a day by calling Social Security's toll-free number, 1-800-772-1213. You can speak to a service representative between the hours of 7 a.m. and 7 p.m. on business days. Our lines are busiest early in the week and early in the month, so, if your business can wait, it's best to call at other times. Whenever you call, have your Social Security number handy.

People who are deaf or hard of hearing may call our toll-free "TTY" number, 1-800-325-0778, between 7 a.m. and 7 p.m. on business days.

You also can reach us on the Internet. Type www.ssa.gov to access Social Security information.
The Social Security Administration treats all calls confidentially--whether they're made to our toll-free numbers or to one of our local offices. We also want to ensure that you receive accurate and courteous service. That's why we have a second Social Security representative monitor some incoming and outgoing telephone calls.

B. Oganizations to Find Legal Representation for Social Security Claims

NOSSCR: National Organization of Social Security Claimants’ Representatives - www.nosscr.org/
Established in 1979, the National Organization of Social Security Claimants' Representatives is an association of over 3,300 attorneys and paralegals who represent Social Security and Supplemental Security Income claimants. Our members are committed to providing high quality representation for claimants, to maintaining a system of full and fair adjudication for every claimant, and to advocating for beneficial change in the disability determination and adjudication process. To reach NOSSCR: (800) 431-2804, or e-mail: nosscr@worldnet.att.net.

C. General Information

To qualify for benefits, you must first have worked in jobs covered by Social Security. Then you must have a medical condition that meets Social Security's definition of disability. In general, we pay monthly cash benefits to people who are unable to work for a year or more because of a disability. www.socialsecurity.gov

Benefits usually continue until you are able to work again on a regular basis. There are also a number of special rules, called "work incentives," that provide continued benefits and health care coverage to help you make the transition back to work.

If you are receiving Social Security disability benefits when you reach age 65, your disability benefits automatically convert to retirement benefits, but the amount remains the same.
Let's look at the requirements more closely:

In addition to meeting our definition of disability, you must have worked long enough--and recently enough--under Social Security to qualify for disability benefits.

Social Security work credits are based on your total yearly wages or self-employment income. You can earn up to four credits each year. The amount needed for a credit changes from year to year. In 2003, for example, you earn one credit for each $890 of wages or self-employment income. When you've earned $3,560, you've earned your four credits for the year.

The number of work credits you need to qualify for disability benefits depends on your age when you become disabled. Generally, you need 40 credits, 20 of which were earned in the last 10 years ending with the year you become disabled. However, younger workers may qualify with fewer credits.

IMPORTANT: Remember that whatever your age is, you must have earned the required number of work credits within a certain period ending with the time you become disabled. Your Social Security Statement shows whether you meet the work requirement at the time it was prepared. If you stop working under Social Security after the date of the Statement, you may not continue to meet the disability work requirement in the future.

The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.
Disability under Social Security is based on your inability to work. We consider you disabled under Social Security rules if you cannot do work that you did before and we decide that you cannot adjust to other work because of your medical condition(s). Your disability must also last or be expected to last for at least one year or to result in death.

This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers' compensation, insurance, savings and investments.

To decide whether you are disabled, we use a step-by-step process involving five questions.
They are:

1. Are you working?

If you are working in 2002 and your earnings average more than $780 a month, you generally cannot be considered disabled. If you are working in 2003 and your earnings average more than $800 a month, you generally cannot be considered disabled. If you are not working, go to Step 2.

2. Is your condition "severe"?

Your condition must interfere with basic work-related activities for your claim to be considered. If it does not, SSA will find that you are not disabled. If your condition does interfere with basic work-related activities, go to Step 3.

Is your condition found in the list of disabling conditions?
For each of the major body systems, SSA maintains a list of medical conditions that are so severe they automatically mean that you are disabled. If your condition is not on the list, SSA has to decide if it is of equal severity to a medical condition that is on the list. If it is, SSA will find that you are disabled. If it is not, then go to Step 4.

3. Can you do the work you did previously?

If your condition is severe but not at the same or equal level of severity as a medical condition on the list, then SSA must determine if it interferes with your ability to do the work you did previously. If it does not, your claim will be denied. If it does, proceed to Step 5.

4. Can you do any other type of work?

If you cannot do the work you did in the past, SSA see’s if you are able to adjust to other work. SSA considers your medical conditions and your age, education, past work experience and any transferable skills you may have. If you cannot adjust to other work, your claim will be approved. If you can adjust to other work, your claim will be denied.

Most people who receive disability benefits are workers who qualify on their own records and meet the work and disability requirements we have just described. However, SSA wants to point out some situations you may not know about:

If something happens to you, benefits may be payable to your widow or widower with a disability if the following conditions are met:

-He or she is between ages 50 and 60.
-The widow or widower meets the definition of disability for adults.
-The disability started before your death or within seven years after your death.

NOTE: If your widow or widower caring for your children receives Social Security benefits, he or she is eligible if disability starts before those payments end or within seven years after they end.

You should apply at any Social Security office as soon as you become disabled. You may file by phone, mail or by visiting the nearest office. You can find out the name and address of the closest Social Security office here. If you want to apply by phone call our toll-free number, 1-800-772-1213, and we will set up a time for your local Social Security office to contact you.

If your application is approved, your first Social Security benefit will be paid for the sixth full month after the date we find that your disability began.

For example, if your disability began on June 15, 2002, your first benefit would be paid for the month of December 2002, the sixth full month of disability. Social Security benefits are paid in the month following the month for which they're due. This means that the benefit due for December would be paid to you in January 2003, and so on.

In most cases, you will continue to receive benefits as long as you are disabled. However, there are certain circumstances that may change your continuing eligibility for disability benefits. For example, your health may improve to the point where you are no longer disabled. Or, like many people, you would like to go back to work rather than depend on your disability benefits. SSA encourages you to do so, and they have special rules called "work incentives" that can help you make the transition back to work. These incentives include, but are not limited to, continued monthly benefits and Medicare coverage while you attempt to work on a full-time basis.

The law requires that SSA review your case from time to time to verify that you are still disabled. SSA will you if it is time to review your case, and we still keep you informed about your benefit status. You should also be aware that you are responsible for letting us know if your health improves or you go back to work.

In general, your benefits will continue as long as you are disabled. However, the law requires that SSA review your case periodically to see if you are still disabled. How often SSA will review your case depends on whether your condition is expected to improve.

If medical improvement is "expected," your case will normally be reviewed within six to 18 months after your benefits start.

If medical improvement is "possible," your case will normally be reviewed no sooner than three years.

If medical improvement is "not expected," your case will normally be reviewed no sooner than seven years.

Two things can cause us to decide that you are no longer disabled and to stop your benefits.

Your benefits will stop if you work at a level SSA considers "substantial." In 2003, average earnings of $800 or more per month ($1,330 or more per month if you are blind) are usually considered substantial.

Your disability benefits will also stop if we decide that your medical condition has improved to the point that you are no longer disabled.

You are responsible for promptly reporting any improvement in your condition, if you return to work, and certain other events as long as you are receiving disability benefits. The booklet SSA sends to you when your application is approved explains what you need to report to us.

If you're like most people, you would rather work than try to live on disability benefits. There are a number of special rules that provide cash benefits and Medicare coverage while you try to work. SSA call’s these rules "work incentives." For more information about Social Security work incentives, see Working While Disabled...How We Can Help . www.socialsecurity.gov/pubs/10095.html

Social Security Disability (SSD) for People with Mood Disorders.
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