100%with No Work Credit For Ssi

[Mr cue]

i have no work credit for ssi i have been disabilty since 93 i was hurt in service 22yr old i have noy work since than i was give 10% for 8 yrs 2001i was granted 60% unemployabe. so tell i guess all i have is my va payment or is there some thing else i should due i have cue claim about 93 .but want to no what i can do about ssi

[Hoppy]

You do not need work credit for SSI. Work credit applies for Disabled Workers Benefits from the Social Security Admin. They might be able to go back and establish work credits if you have not worked and been disabled a long time. It depends on the date that SSI determines you became disabled. There is a difference between the two benefits. My advice is to get an attorney when dealing with Social Security.

Edited January 13, 2009 by Hoppy

[allan]

Hoppy is right.

SSI is a needs bases federal program like welfare. it's not based on any work. They count all income, dollar for dollar, so if your recieving 100% VA from TDIU, you would not qualify for any SSI.

SSDI is social security disability insurance that is taken out of your paycheck. You must have earned 20 credits in the last 40 quarters you worked before becoming disabled. Certain veterans that fall short of credits may still be able to qualify. Read below.......................

Extra earnings

Your Social Security benefit depends on your earnings, averaged over your working lifetime. Generally, the higher your earnings, the higher your Social Security benefit. Under certain circumstances, special earnings can be credited to your military pay record for Social Security purposes. The extra earnings are for periods of active duty or active duty for training. These extra earnings may help you qualify for Social Security or increase the amount of your Social Security benefit.

If you served in the military after 1956, you paid Social Security taxes on those earnings. Since 1988, inactive duty service in the Armed Forces reserves (such as weekend drills) has also been covered by Social Security.

Under certain circumstances, special extra earnings for periods of active duty from 1957 through 2001 can also be credited to your Social Security earnings record for benefit purposes.

From 1957 through 1967, we will add the extra credits to your record when you apply for Social Security benefits.

From 1968 through 2001, you do not need to do anything to receive these extra credits. The credits were automatically added to your record.

After 2001, there are no special extra earnings credits for military service.

The information that follows explains how you can get credit for special extra earnings and applies only to active duty military service earnings from 1957 through 2001.

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

From 1978 through 2001, For every $300 in active duty basic pay, you are credited with an additional $100 in earnings up to a maximum of $1,200 a year. If you enlisted after September 7, 1980, and didn’t complete at least 24 months of active duty or your full tour, you may not be able to receive the additional earnings. Check with Social Security for details.

If you served in the military from 1940 through 1956, including attendance at a service academy, you did not pay Social Security taxes. However, your Social Security record may be credited with $160 a month in earnings for military service from September 16, 1940, through December 31, 1956, under the following circumstances:

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 still on active duty; or

You are applying for survivors benefits and the veteran died while on active duty.

You cannot receive credit for these special earnings if you are already receiving a federal benefit based on the same years of service. There is one exception: If you were on active duty after 1956, you can still get the special earnings for 1951 through 1956, even if you’re receiving a military retirement based on service during that period.

These extra earnings credits are added to your earnings record when you apply for Social Security benefits.

NOTE: In all cases, the additional earnings are credited to the earnings that we average over your working lifetime, not directly to your monthly benefit amount.

Source: http://www.ssa.gov/pubs/10017.html

[Philip Rogers]

If you are receiving more than $674, if single, $1011, if married, from the VA, you would be ineligible for SSI. A few states subsidize SSI, in their states, but it's not much more. You should apply for SSDI, using the day after your last day of working as your disability onset date. If that was in '93, and you were 22yo, at the time, your quarters should be waived, as only minimal quarters are required, at that age. You may want to get a good attorney, specializing in SSDI law. Not all are the same. You can try http://www.nosscr.org for someone in your area. SSDI will probably deny, initially, and you'll probably need to appeal to the ALJ level, to win. Will probably take between 2-3 yrs to resolve but you should prevail.

pr

Edited January 13, 2009 by Philip Rogers

[Pete53]

PR gave you some good advice. You can win your claim with SS but you need a good lawyer.

[Berta]

You could try ALLSUP too-

http://www.allsup.com/

They claim a 97% success rate on SSA claims if they accept them-and their fee comes out of the SSA money-

they have an online form for a free assessment as to whether they feel they could help you attain SSA.

Make sure you tell them of your military time in service.

My husband told SSA of USMC but forgot to mention he was in the Navy too-and when he sent them the Navy DD 214 they said this would add a little more to his SSA check.

Edited January 13, 2009 by Berta

[tssnave]

My spouse earns too much for me to get the SS benefit based on income.

When I found out that I could apply for SS based on my disability I called the 1-800 number and the guy said you had to have some of your work credits in the last five years and I didn't qualify (I haven't worked since 2000 and that was only briefly - the last time I worked regularly part time was in 1997).

He said if I would have applied after I stopped working I would have had plenty of work credits in the right timeframe but I had waited too long to apply.

I explained that I had been unaware of being able to apply for SS with a mental disorder, I thought you had to be physcially disabled, and asked if there could be a waiver on the rule that says you have to have worked in last five years. He said no.

I also let him know that my mental disorder precluded me from understanding everything and asked if there could be a waiver for the five years based on my cognitive functioning which is nonexistent during a manic or depressive episode. He said no.

I called back two other times over the next couple of weeks hoping to get someone who knew how to do a waiver but kept getting the same answers.

Does anyone know if it is possible to get SS benefits (not the one based on income since they count your spouse's income but the one based on your work history) after you passed this 5 year window if you didn't know you could apply or if you wouldn't have been able to handle the paperwork at the time?

Is there a SS exceptions/waivers phone number? Would an attorney be able to mount a defense to get a waiver? I just didn't know you could draw SS if it was a mental disorder that knocked you out of the work force.

Thanks,

TS Snave