Social Security Law Overview

Social Security is a program established by the federal government through the Social Security Act and is administered through the Social Security Administration. The Social Security Act is a federal law that lays out the regulations for eligibility for Social Security benefits. Social Security tax is taken out of workers’ wages and deposited into a federal trust fund. Social security benefits are then paid out of that fund as monthly income to retirees, or as social security disability pay to dependent children and surviving spouses of a deceased wage earner and to disabled persons unable to work. The largest component of the Social Security system is the payment of retirement benefits. The benefits are paid out based on a person’s employment record and contributions made to the system. Social Security benefits may represent at least half of a person’s total income in some cases.

Social security benefits provide a retiree with continued income after retirement. There are generally three basic requirements to become eligible for Social Security Benefits. First, a person must file an application for benefits with his or her local Social Security office. Second, a person must have worked for the required amount of time specified by the Social Security Act. If you were born after January 2, 1929, your requirement to get full benefits is to work 40 quarters, or 10 years. Third, you must also be age 62 or older. If you are eligible, you will be compensated with social security benefits for the duration of your retirement.

You typically may not collect full Social Security retirement benefits until ages 65 to 67, depending on when you were born. However, you may elect to retire early at age 62 and take lesser benefits as a penalty. A Social Security lawyer can help you make these difficult decisions based on your needs.

While Social Security may traditionally be thought of as a benefit for retirees, there are laws governing eligibility for social security disability benefits as well. Social Security Disability and Supplemental Security Income (SSI) are two programs established under the Social Security Act that pay out benefits to disabled persons unable to work due to an injury, illness, or an advancing medical condition.

You must file an application with your local Social Security office in order to receive Social Security disability benefits. You will also need proof that you have worked for a required length of time and have paid Social Security tax (unless you are applying for need-based SSI income). You must have a qualifying disability under the Social Security Act in order to be eligible for benefits. The Social Security Administration will determine whether you are considered disabled based on certain qualifications, such as not being able to work due to a medical condition.

Determining eligibility under Social Security laws and appealing a denial of benefits can be complex. You may be eligible for benefits you were unaware of. If you wait too long to appeal or file a claim for benefits, you may lose them. Total Social Security Law can help you find Social Security attorneys who can navigate you through complicated Social Security laws and the Social Security benefits process.