The Social Security Act ? More than a Retirement Plan

When former President Franklin D. Roosevelt signed into law the Social Security Act in 1935, he was creating a program that promised economic security for retirees and the sick. Seventy-three years later, many of us have forgotten that the Social Security Act offers more than just a retirement package. While one premise of the Act is to afford protection to retirees in the form of economic assistance and Medicare, a second component of the Act protects those have become physically or mentally unable to work even prior to their full retirement age.

The Social Security Act has several programs to assist those who suffer from physical or mental limitations which prevent them from working. All programs require significant medical proof and documentation of the disability for purposes of entitlement. One type of assistance is in the form of Social Security Disability Insurance benefits. Often referred to as SSDI or Title II benefits, Social Security Disability Insurance benefits are calculated based on what an individual has paid into the Social Security system through the Federal Insurance Contributions Act ("FICA"). An individual must have worked a sufficient amount of quarters to be entitled to these benefits. After a claimant has been found disabled for a full 24 months on a Title II application, Medicare benefits are issued as well.

A second benefit program introduced through the Social Security Act is Supplemental Security Income. Often referred to as Title XVI benefits, the Supplemental Security Income program is designed to operate as a "needs based" program. To qualify, a person's countable resources cannot exceed more than $2000 as an individual and $3000 as a couple. Supplemental Security Income eligibility also entitles a successful claimant to Medi-Cal or Medicaid depending on the state in which the benefits were issued in.

A third possibility of protection introduced by the Social Security Act comes in the form of Disabled Widow's and Widower's benefits. To be eligible for Disabled Widow's or Widower's benefits, an individual must be 50 years of age and physically or mentally unable to work. The length of the marriage and the date of decedent's death are all relevant factors that can affect the outcome of a claim so it is important that a claimant pursue these benefits in a timely manner. Keep in mind that a person does not have to be disabled to be entitled to all forms of Widow's and Widower's benefits. Individuals are eligible for ordinary Widow's or Widower's benefits even without a disability once they reach the age of 60.

While the above are just a sampling of some of the programs that the Social Security Act has to offer, it is important to note that every claim is decided by the strength of the medical evidence as it is applied to the Social Security's Five Step Sequential Evaluation. The first step evaluates whether or not an individual is working. If a person is earning over the nominal amount that SSA deems to be full-time work earnings, this individual usually cannot be found disabled. The second step in the evaluation looks to see if the individual has a severe impairment. Severe impairments must be expected to last one year or result in death and must interfere with basic work related activities. The third step evaluates whether an individual's condition can be found in the list of disabling impairments. Social Security maintains a list of impairments for each of the major body systems. If an individual's condition is either on this list, or comparable to any of the impairments listed, the claim is approved. If it is not, Social Security goes on to the fourth step. The fourth step examines whether a person is able to perform any prior employment held during the last fifteen years. If an individual is found to be unable to complete any job performed in the last fifteen years, then the Administration goes to the fifth and final step. The fifth step examines whether or not an individual can perform any other work in the national or local economies.

Age is a crucial factor when it comes to the Five Step Sequential Evaluation. While the first four steps are applied to every applicant in the same manner, step five can result in differing outcomes dependent on a claimant's age. The Social Security Administration places people in different age brackets. A Younger Individual is someone under the age of 50. A person Closely Approaching Advanced Age is an individual who is 50 to 54 years old. A person who is 55 or older is categorized as Advanced Age and a person over the age of 60 falls into the Closely Approaching Retirement Age bracket.

While a Younger Individual can be granted Social Security Disability Insurance benefits or Supplemental Security Income, the Social Security Administration looks more favorably upon claimants over the age of fifty. Specifically at step five, the Administration considers such factors as the exertional requirements and transferability of skills from prior employment in determining whether a claimant over the age of fifty can return to any other form of employment other than a past occupation. By doing so, the Administration takes into account real-life issues such as ageism and vocational adjustment in its vocational assessment. The outcome is that claimants over the age of fifty have statistically proven to be much more successful in their pursuits of disability benefits.

The Social Security Act has been hailed the most important social insurance reform of our nation's history. While it is certainly essential to protect retirees, it has evolved to become a more substantial and encompassing program than most people realize. No one chooses to become disabled. Disability takes both an emotional and economic toll. However, disability is an inevitable part of life for some people and it is necessary to know that there are government programs designed to protect those in need.

We can answer questions regarding your SSDI or SSI claim and guide you through the process. Get started by making an appointment for a free consultation with one of our firm's lawyers. Call us at (800) 459-3017 or contact us online.