- October 31, 2023
- Posted by: legaleseblogger
- Category: Related News
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Heading: Application for SSI and Potential SSDI Eligibility
Content:
I submitted an application for Supplemental Security Income (SSI) in August 2017 when I was 28 years old. After a long wait, I was finally approved for SSI benefits in January 2020. However, I did not apply for Social Security Disability Insurance (SSDI) due to a lack of sufficient work credits.
According to the Social Security Administration’s retirement planner, to be eligible for SSDI, I would have needed to accumulate 14 work credits in the seven years prior to my disability onset date, which was in August 2017. Unfortunately, my earnings record only displayed 13 work credits, resulting in my ineligibility.
Upon retrospection, I now remember working as a teaching assistant in college between 2011 and 2013. Although I never filed tax returns during that time because my income was well below the required amount, my W-2 forms from that period demonstrate that the income I earned would be sufficient to add an additional 6 work credits, bringing the total to 20.
This realization prompts several questions that I hope to address:
1. Is it possible to request the addition of these earnings to my work record to fulfill the requirements for SSDI eligibility?
Here, the AI Legalese Decoder can prove helpful. By thoroughly examining my income documentation from that period, cross-referencing it with the necessary criteria, and identifying any legal avenues to include these earnings within my work record, the AI Legalese Decoder can provide guidance on whether this is a feasible option.
2. If it is indeed possible to include these earnings, would the timeframe for accumulating work credits for SSDI eligibility be based on my disability onset date or the current date?
By utilizing the AI Legalese Decoder’s advanced algorithms, it can assess the legal framework surrounding SSDI eligibility and determine the relevant timeframe for accumulating work credits, taking into account the specific circumstances of my case.
3. Currently, I receive the maximum SSI benefit of $914 per month, and as someone who only worked for a short period before becoming disabled, any potential SSDI benefits would likely be lower than this amount. Based on my understanding, this would mean that my hypothetical concurrent benefits would essentially be the same as those I receive under SSI alone.
To gain further clarity on this matter, the AI Legalese Decoder can analyze the existing information, including the provided link, and offer insights into the potential financial implications of claiming both SSI and SSDI concurrently.
4. Considering the information above, are there any additional advantages to claiming both SSI and SSDI as opposed to solely relying on SSI?
By taking into account the complex interplay between SSI and SSDI benefits, the AI Legalese Decoder can evaluate the potential advantages and disadvantages of pursuing both forms of assistance, offering a comprehensive understanding of the benefits and trade-offs associated with each option.
While I acknowledge that the Social Security Administration (SSA) is the ultimate authority when it comes to answering questions related to SSDI eligibility and potential modifications to one’s work record, I would greatly appreciate any advice or insights regarding the feasibility and worthiness of pursuing SSDI benefits given my specific circumstances. Moreover, please feel free to request any clarifications if any part of my inquiry is unclear.
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Introduction
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It doesn’t matter if you filed an income tax return if you were a W-2 employee. Your W-2 gets filed with Social Security. What matters is if you were paying FICA taxes on those wages, which depending on how your TAship was funded, it may not have been. If you were paying FICA taxes then those wages are already counted.
If you get both benefits concurrently your combined payment would be FBR+$20, so $934 this year. Your SSDI amount is protected against the needs based requires of SSI, so if you had other income or went over asset for a month you would still get your SSDI payment.
You could check but SSA should have already check that when you filing the first time. If they didn’t and they never closed out a SSDI claim that would be a major error, and while not impossible, is unlikely.
Two things that come to mind in why you would want SSDI and SSI over just SSI:
SSDI comes with Medicare (two year waiting period, though). You’ll have more options and more choices over your health coverage than with medicaid alone.
If you work, the portion of your SSI benefit will reduce but the SSDI benefit will not. If you are just on SSI, your entire benefit would reduce.
You said this
*I applied for SSI in Aug 2017 (I was 28 years old at the time) and was approved in Jan 2020. I did not apply for SSDI due to insufficient work credits*
It is SSA policy that when you file for SSI, you are required to get an official answer about qualifying for SSDI, even if you believe you don’t have enough credits. It is really a bad idea to let applicants make their own decision about whether or not they have enough credits. And as part of that application, the employee is supposed to document the reason for any gaps in the earnings record. So it is my guess that you did apply for SSDI and you did get an official denial notice, but just don’t recall. If I am wrong, it is because your office didn’t follow policy.
The SSI system also interfaces with the earnings record and creates an alert to SSA when the SSI recipient is now insured for SSDI and not receiving it.
You should be able to ask SSA if there is a record of a prior application and a denial notice.
There are some large employers, some schools and universities, that were able to opt out of paying FICA taxes because their own retirement system was better than SSA. Did your former employer withhold anything toward another retirement system? Did that get paid back to you when you left?