IF I WORK, AM I COVERED BY SOCIAL SECURITY?

Social Security is a type of government sponsored INSURANCE.  Premiums are paid through payroll deductions.  On your pay check stub, you will notice a deduction for FICA tax.  FICA stands for Federal Insurance Contributions Act.  This is the Social Security and Medicare tax.

When you earn at least $1,260 in a calendar quarter (and pay FICA tax on those earnings), you earn 1 quarter of work credit, although the maximum numbers of quarters you may earn in a year is 4.  ($1,260 is the 2016 number).

The number of quarters of work needed to be insured vary, depending on age.  A person between the ages of 18-31 may be insured with only 6 work quarters.  As a person gets old, more quarters of work are needed.  From age 31 - 42, a person will need 20 to 30 quarters of work to be covered.  Generally, one-half of those quarters must have been earned within the 10 year period just prior to the onset of disability. 

Starting at age 41, a person needs 20 quarters of work, plus 1 quarter per year after age 41.  For example, at age 43, 21 quarters are required.  At age 44, 22 quarters are required, etc.  By age 62, 40 quarters of coverage are required.

Having the required quarters of coverage meets the administrative criteria to be "insured."  It does not qualify a person to receive a benefit, only to file an application.

To get benefits, the insured worker must also meet Social Security's medical criteria.  A claim must be filed and medical evidence must be presented to prove that the claimant's medical condition is so severe that full-time work cannot be sustained.

It is the medical proof that often causes claimants to be denied.  The denial letter usually states:  "You are not disabled according to Social Security rules." In simple language, this means that Social Security has concluded that

     (A)  The claimant can perform at least one of his past relevant jobs, or
     (B)   The claimant can perform some other type of work available in the national economy.

It is usually the MEDICAL DECISION that must be appealed.  An insured worker (who has enough work credits) is told that his condition is not so severe that it prevents some type of full-time work.

In an appeal, we will bring medical evidence before an administrative law judge (ALJ) and argue that Social Security has made an error.  We will argue that the medical evidence shows that the claimant's impairment is so severe that he cannot sustain full-time work.  We must use Social Security's own regulations to prove our case.  Thus, an advocate who KNOWS the regulations is essential to winning your case.

THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
www.ForsytheFirm.com