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Category Archives for Eligibility Issues

Social Security Earnings Credits for Military Veterans

I receive a number of inquiries about Social Security earnings credits for veterans.  In researching this issue, it appears that Social Security has a mish-mash of rules about how to credit service hours for veterans, especially for military service in World War II, the Korean War and even Vietnam.

Here is the link to a page that summarizes rules about Social Security earnings credits for veterans.  It appears to me that there is no single answer to this question – it appears that the years of service and the status of the serviceman or servicewoman determine how many credits are awarded.

Social Security has also published a booklet that summarizes the rules for calculating Social Security earnings credit for veterans of military service.  These rules include the following:

If you served in the military from 1940 through 1956, including attendance at a service academy, you did not pay Social Security taxes. However, SSA will credit you with $160 a month in earnings for military service from September 16, 1940, through December 31, 1956, if:

  • 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 applying for survivors benefits based on a veteran’s work and the veteran died while on active duty.

You cannot receive these special credits if you are receiving a federal ­benefit based on the same years of service, unless you were on active duty after 1956. If you were on active duty after 1956, you can get the special credit for 1951 through 1956, even if you are receiving a military retirement based on service during that period.

If you served in the military from 1957 through 1977, you are credited with $300 in additional earnings for each calendar quarter in which you received active duty basic pay.

If you served in the military from 1978 through 2001, you are credited with an additional $100 in earnings, up to a maximum of $1,200 a year, for every $300 in active duty basic pay. After 2001, additional earnings are no longer credited.

If you began your service after September 7, 1980, and did not complete at least 24 months of active duty or your full tour, you may not be able to receive the additional earnings. Check with SSA for more information.

If you are dealing with this problem, do not hesitate to contact your Senator or U.S. Representative’s office for help.

[tag] Social Security earnings credit for veterans [/tag]

Disability Applicant Asks About Auxiliary Benefits for Her Children

I am disabled due to Avascular necrosis, fibramyalgia, and arthritis, I have undergone 7 surguries in past 4 years and have several more to go. I am an RN, so I made good money before moving to part time work then to being unable to work. My husband makes between 65,000-70,000 a year, we have 2 children ages 2 and 4, will I be able to collect benefits for them?

–Jamie

Jonathan Ginsberg responds: If you are eligible for Title II benefits, then your dependents would be eligible for auxiliary benefits. As you may know, SSA looks at the ten years prior to the onset of your disability to determine eligibility. If you have at least 20 covered quarters during this ten year period, you would be eligible. I have written more about the earnings requirements for Title II here.

You describe “moving to part time work,” but you do not say how long that process took or how it impacted your earnings. What you need to find out here is something called your “date last insured” for Title II. Sometimes you can get this information directly from Social Security by phone, or you can request it in writing using a Form 7004 – Request for Statement of Earnings & Benefits, which you can download at my law firm web site.

If you can show SSA that the onset date for your disability is before your date last insured, you are in good shape for Title II.

My concern here has to do with part time work. As I have noted before on this blog, part time work tends to muddy the water when it comes to disability. SSA often sees things in black and white, and some fact finders (adjudicators or judges) take the position that if you can work part time, you could also work full time at a less demanding job.

On the other hand, the medical problems you describe seem serious enough that you ought to be approved for benefits. Hopefully, you will not have any problems qualifying for Title II as your husband’s income would eliminate your eligibility for Title XVI SSI.

What are the rules for my trial work period?

Hi, I have been disabled for a few years now and am thinking about returning to work, I would like to stay under the amount necessary to continue my ssd ? How do I do that? and do I report the income to someone at ss?AND what if I want to TRY returning to work full time? –Valerie

Jonathan Ginsberg responds: Valerie, the answer to your question can be found in SSA publication 05-10003. Basically it provides that for 2005, you can earn $830 per month without being considered “substantial gainful activity” ($860 per month for 2006). If you have never tried to work before you have a 9 month “trial work period” where you keep your benefits no matter what you earn. If you earn less than $590 per month ($620 for 2006) it does not count as one of the 9 trial work period months. You must report all earnings to Social Security. You can call your local SSA office or SSA’s national number -800-772-1213.

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