There is a widespread misconception that Social Security is primarily for older persons who are about to retire or have already retired from work. Because of this, many Americans don’t enjoy the full benefits of social security until a later time in life.

The truth is, apart from the well-known retirement benefits, there are several other benefits available through social security. 

There are benefits available for the disabled, the survivors, and those with medical conditions that need care. There are some benefits that you can take advantage of decades before you retire.

In the United States today:

  • Around three million children are receiving the benefits of their deceased, disabled, or retired parents.
  • More than 30% of all Social Security benefits are paid out to spouses of workers who are either dead, retired, or disabled.
  • Approximately one-fourth of today’s youth will be disabled by 67.
  • About 60% of working Americans over the age of 54 are disabled.

This is the reason why social security is so essential today. It is one of the most effective ways to plan for your own and your loved ones’ futures. Do you have any questions or confusion concerning social security benefits qualifications? The application procedure for various situations can be pretty challenging for some people, and this is when the E.Orum Young Law firm’s Social Security Benefits Lawyer can help.

Even though the Social Security Administration can be reached by phone and applications can be submitted through their online services, the application process is not always straightforward. The compassionate and hardworking attorneys at E.Orum Young Law firm can make the application process easier for you and increase your chances of success. Contact us now for an appointment!

Who Is Qualified For Social Security Benefits in Louisana?

The specific qualifying requirements for social cecurity benefits vary depending on the type of benefits, the age of the individual submitting the claim, and the worker’s age if you are claiming as a dependant or survivor.

Except for SSI (Supplemental Security Income), one fundamental criterion applies to all Social Security programs: work credit. The worker on whose earnings record the benefit is to be paid should have worked in “covered employment” for a sufficient number of years. This means that the worker must have accumulated a good number of “work credits” by the time they reach retirement age, becomes handicapped, or dies (usually a total of at least ten years of work).

To start collecting Social Security retirement benefits, you must be between 62 and 70.

Benefits Enjoyed By The Worker: Am I Qualified?

Social security benefits qualifications Aside from the well-known retirement income, workers may also be entitled to medical coverage and income should they become disabled. If you become disabled and therefore unable to work, you may qualify for Social Security benefits. However, the type of social security program you are enrolled in is determined by your work history. They are as follows:

  • Social Security Disability Insurance (SSDI)
  • Supplemental Security Income (SSI)

The SSDI benefits payout formula is somewhat complicated, but you are qualified if you have more than ten years of work experience or fit one of their age-based exclusions. After 24 months with the medical condition, you are also qualified for Medigap and Medicare benefits.

Benefits Enjoyed By The Family Of The Worker: Are They Qualified?

If you die or become disabled, your spouse and children are qualified for some benefits.

However, the spouse is qualified only if you have been married for more than 12 months and then for nine months if they wish to receive a survivor benefit. Those who meet the following requirements are qualified:

  • Are responsible for the care of a child under the age of 16
  • Are at least 62 years old
  • Are survivors at the age of 60 years old
  • Are disabled and above the age of 50 years old

In the event of your death, your spouse can claim all your FRA benefits if they’re at their full retirement age or are caring for a child under 16. If you become disabled, your spouse can get 50% of your FRA if they match the above mentioned requirements.

Benefits Enjoyed By The Children: Are They Qualified?

In the event of a parent’s death or disability, the biological, dependent, and adopted children are qualified for benefits if they meet the following criteria:

  • Not married
  • Under the age of 18
  • A full-time secondary school student between the ages of 18 and 19
  • 18 years or older and disabled before they turned 22 years old

Children can get 75% of their FRA and 50% if they become disabled in the event of their death. Depending on the circumstances, these benefits continue until the children reach the age of 18 or for a longer time if the child was disabled before they turned 22 years old.

Benefits Enjoyed By Same-Sex Spouses

The United States Supreme Court announced a ruling in Obergefell v. Hodges on June 26, 2015, declaring that same-sex partners have a constitutional right to marry in all states. Since then, same-sex spouses who are married have been granted eligibility for Social Security benefits.

Who Is Not Eligible for Social Security Benefits?

Social Security is not a right for everybody in the United States of America. Nonetheless, the number of American employees who are not qualified to receive Social Security retirement income is relatively low. It’s vital to know if you fall under this group to look for alternative ways of making money or check if there is a possibility of qualifying. The 8 most common types of people who are not qualified to receive Social Security benefits are listed below:

Workers With Low Social Security Credits

Is it possible to receive Social Security payouts if you’ve never worked? The answer is no because performing enough work is a minimal criterion for receiving Social Security retirement income. Earning 40 Social Security credits is considered “enough work” by the SSA (Social Security Administration). In 2022, a person gains 1 credit for every $1,510 earned, up to the maximum of 4 credits each year. Therefore, 40 credits represents ten years of labor.

To earn one Social Security credit at the national minimum wage of $7.25 per hour, you’ll need to work for around 208 hours.

You can get the maximum credits per year by working only 17 hours weekly for 50 weeks with this salary (allowing for a 2-week vacation). That means that people who do part-time work for schooling or child care or part-time work because they can’t find a full-time job can quickly accumulate Social Security points.

Earned credits build over a worker’s lifetime, and they will never expire. Therefore anybody who has stopped working and has over 40 credits may consider returning and accomplishing the bare minimum of more work to qualify. To discover how many credits you’ve accumulated thus far, create an account online on the Social Security’s webpage and download your Social Security information.

Workers Who Pass Away Before the Age of 62

When you reach the age of 62, you can begin receiving Social Security retirement payments. Spouses and dependent children may be qualified for survivor benefits if you die early. Widows or widowers, for example, can start to receive Social Security payments depending on their late spouse’s earnings record at the age of 60 (spouses who are disabled can begin at the age of 50). Patients who are terminally sick can file for SSDI (Social Security Disability Insurance), which means that they are entitled to continue receiving benefits from their contributions to the government.

What happens if you’re terminally sick and above the age of retirement? If you’re single, filing a claim immediately will be the prudent course of action. But, if you have a marriage partner, postponement may bring more significant benefits to your spouse. The spouse’s benefit can potentially reach up to 50% of a worker’s pension. Still, it depends on how old the spouse is at retirement and whether the spouse is entitled to retirement income according to their own earnings history. 

Some Divorced Spouses

Divorcees may be eligible for Social Security benefits depending on the ex-spouse’s wages. A common scenario is a couple in which one spouse is a homemaker who has never held a paid job. To qualify, they have to be unmarried, at least 62 years old and earn less benefits than their ex-spouse based on their employment history. However, spousal benefits are prohibited if the marriage only lasts fewer than ten years.

Workers Retiring In Certain Foreign Countries

American citizens who retire and go to live in most other countries are usually eligible for Social Security benefits. But, if that country happens to be Azerbaijan, Belarus, Cuba, Kazakhstan, Kyrgyzstan, Moldova, North Korea, Tajikistan, Turkmenistan, or Uzbekistan, the U.S. government will not pay their Social Security benefits. Except for Cuba and North Korea, exceptions are possible in all these countries. The Payments Abroad Screening Tool provided by the government is a simple way to determine if you will be allowed to continue to receive Social Security benefits despite living overseas or whether restrictions will be imposed.

Some Noncitizens

Workers who are noncitizens and have accumulated 40 Social Security work credits in the U. S. are qualified for SSI benefits. Immigrants who do not have enough U.S. credits but come from one of the 30 countries with which the U.S. has Social Security agreements, sometimes known as “totalization agreements,” may be eligible for prorated payments.

These benefits depend on the work credits they have gained overseas combined with their work credits earned in the United States. This is especially beneficial for aging immigrants who are unlikely to accumulate ten years of employment in the United States before retiring. Workers who have not earned a minimum of six U.S. credits, on the other hand, are not eligible for totalization agreements.

Some Government and Railroad Employees

Some jobs do not contribute to Social Security. Employees of the federal government hired before 1984 are covered by the Civil Service Retirement System (CSRS), which gives retirement, survivor, and disability benefits. Because Social Security tax was not withheld from their paychecks, these workers are not eligible for Social Security benefits.

They can still be eligible if they earned benefits from another work or a spouse. However, CSRS pension payments may lower Social Security benefits in many circumstances. Government employees insured by the Federal Employees Retirement System (FERS), which replaced the Civil Service Retirement System (CSRS), are eligible for Social Security payments.

Social Security covers most state and local employees through a federal Section 218 agreement. However, some of these workers will not get Social Security benefits if they do not pay Social Security taxes. They include those who work for a public school system, college, or university. Employers usually provide pension benefits to them.

Railroad Employees

Some railroad workers are not eligible for Social Security. Workers having at least ten years of railroad industry experience (or a minimum of five years after 1995) are eligible for retirement benefits from the Railroad Retirement Board (RRB). RRB is an independent federal system that manages numerous employment benefits for railroad industry employees and their families.

Workers having fewer than ten years of railroad service (or less than five years after 1995) are not eligible for retirement benefits through RRB. Their accounts are instead transferred to Social Security, and individuals become eligible for Social Security benefits after fulfilling the requirements for Social Security benefits.

Self-Employed Tax Evaders

Self-employed individuals must pay self-employment tax to cover their own and the employer’s share of Social Security contributions. The tax is computed and paid when the self-employed file their federal tax returns yearly. Workers who don’t file tax returns do not pay Social Security taxes instead of workers whose employers deduct and remit Social Security taxes from each paycheck.

You will not be paid if you don’t have a history of paying into the system. If you have never reported your income and have avoided paying taxes for your whole life, you are ineligible for Social Security benefits.

Some Immigrants Over The Age Of 65

Retirees who immigrate to the U.S. won’t have the 40 U.S. work credits required for Social Security benefits. One solution to solve this dilemma is to acquire six work credits in the United States and enjoy prorated U.S. benefits and prorated benefits from their original country as part of a totalization arrangement. This option is suitable for those who do not have adequate benefits in their own country to qualify for the equivalent of Social Security payments.

Aging immigrants who are not eligible for U.S. Social Security but whose home countries allow them to enjoy pensions can receive their benefits while living in the U.S.

Contact Us Today To Consult With Our Attorney!

If you have any social security concerns our Monroe Louisiana Social Security Disability Law Firm is glad to assist you. 

We believe that the best way to determine whether E.Orum Young Law can help you is to meet and discuss your case.  We are happy to provide Free Consultations.  Contact us today to learn more.