Social Security Laws
The Social Security Act is a supplemental retirement system developed in 1935, to ensure the elderly retired citizens would not fall into or below poverty level. According to federal regulations, as an employed person pays taxes, a portion of these taxes are paid into the social security fund.
Social security disability is also paid from taxes, and is to insure an income for workers who are disabled and no longer able to keep a job. This income is to supplement the person until they are capable of returning to work, or indefinitely if the person is permanently disabled.
There are different social security laws that govern who is eligible for social security disability benefits.
Who gets these disability benefits based on Social Security laws :
- Those who have a mental or physical impediment that hinders their ability to hold a job and
- The condition is believed to last throughout one year or result in the persons death and
- The individual has not reached the age of 65 and
- Has worked at least 5 years out of the past ten.
The applicant must provide medical proof of their condition. If their condition does not satisfy the requirements, their amount of capability is considered, along with their age, work history, and education, in determining their ability to perform either past employment, or other work available in the area.
The Social Security Administration estimates the process of first time applications taking 90 to 120 days to hear a response. However, in past experiences, it has been known to have taken up to eight months for a reply. The process of determining eligibility can take a while. Persistence is key when applying for social security benefits. If you are disabled according to the social security law, don't give up. Sometimes it takes a while, but in the end it's worth it.
When President Roosevelt first announced the social security act, it was 1935, and was considered part of his "new deal". It was designed to help with stopping elderly poverty, unemployment, and the burdens of women who lost their husbands, and the children that lost their fathers. This Social Security Act also entitled the unemployed or retired person to receive a lump sum of money at the time of their death. When the Social Security Act was first passed, it was considered controversial, people thought it would cause a loss of employment.
However, the opposing side of that explained how it may make older citizens go ahead and retire, leaving openings for younger people to take their places in their jobs. This would substantially lower the unemployment rate.
Federal regulations have now determined the acceptable age to gain benefits from retirement is now 62. A worker who doesn't start retirement benefits past the acceptable age earns delayed retirement credits that will increase their benefit until they reach age 70. These credits are also attached to their spouse's benefit. Children and spouse benefits will not be affected by these credits. Spouse's are eligible for benefits if they are currently married, or were married for at least ten years to the person getting the social security disability benefits.
Children of a disabled, retired, or deceased worker can get benefits as a "dependent" or "survivor" if they are under the age of 18, or at least not over the age of 19, and have not yet graduated from high school. If the disabled man becomes deceased, his widow can receive his benefits. Also, according to social security laws, the widow can receive his benefits, even if they are divorced.
The earliest age for a widow who is not herself disabled to gain his benefit is age 60. The benefit is as much as the worker's full retirement benefit for spouses who are at, or older than, normal retirement age. If the man waited to begin receiving his retirement benefits, and has earned delayed retirement credits, his spouse will have those credits added to her benefits.
Federal regulations for who is eligible and when for social security benefits may seem stringent in some cases. However, these federal regulations are put in place to both create nationwide standards and avoid abuse of the system which would take away from those really in need.