Welcome to LegalAdvice.com expert page on the topic of Social Security Law. Social Security Law covers many different type of topics including eligibility for Social Security benefits, benefit rules that calculate payment amounts, application filing rules and more.
The Social Security Act was signed into law in the United States by President Franklin D. Roosevelt in 1935. The law established the Social Security program, setting up a fund to make sure that the elderly were taken care of in their advanced age. The program was funded by payroll taxes to provide public assistance through the provision of unemployment compensation for the elderly and the disadvantaged. The Social Security law is codified at 42 U.S.C. ch. 7 which details rules concerning public health, social welfare and civil rights.
The Social Security Administration establishes eligibility for retirement benefits by mandating that a person must work for a minimum of 10 years and acquiring at least 40 credits to be able to receive benefits. At present, a person must be at least of 62 years of age to apply for retirement benefits. A person who has not met the criteria for eligibility established by the Social Security Administration may apply for disability benefits through a program referenced ‘Supplemental Security Income’ (SSI). The Social Security Administration will guide a person through the application process and help plan for retirement when an individual files an online application for social security benefits. The Form SSA-1 is the first step in the process and the SSA website provides detailed information that a person will need in order to to apply.
A person with a disability may apply through the Social Security Administration (SSA) for ‘Social Security Disability Insurance’ (SSDI) or ‘Supplemental Security Income‘ (SSI). SSDI is available for a disabled person that has earned sufficient credits to be eligible for Social Security benefits. SSI is available for persons that are 65 years of age but do not have sufficient income credits to qualify for regular retirement benefits. A person must must be unable to work with a disability that is expected to persist for at least 1 year and is also listed as described conditions on the SSA website defined list of impairments. The rules for Disability benefits are located under Title II of the Social Security Act which are further codified at 42 U.S.C. 423.
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