Social Security Disability Lawyer Blog

As of 2011, you receive one credit per $1,120 of earnings and are eligible to receive up to four credits per year. The amount one needs to earn to receive credits increases slightly each year in accordance with average earnings levels. Even if you change jobs or become unemployed, the credits stay on your Social Security record.

The Amount of Credits You Need for Disability Benefits

The number of work credits you need to qualify for Social Security Disability benefits depends on the age you become disabled. Typically, claimants need around 40 credits, 20 of which were earned in the 10 year period ending when their disability started. Younger workers don't need as many credits.

Claimants under the age of 24 may qualify for benefits if they have six credits that were earned in the three year period ending when their disability started. Claimants between the ages of 24 and 31 may qualify for benefits if they have credit for working half of the time between the age of 21 and the time they became disabled. Claimants who are at the age of 31 or older must have earned at least 20 of their credits in the 10 years immediately prior to becoming disabled.

What to Do If You Don't Have Enough Work Credits

If you don't have enough work credits and you have limited income and resources, you may be eligible for the Supplemental Security Income (SSI) program, which is need-based. For the majority, the medical requirements for disability payments under the SSI program are the same as they are under the Social Security Disability Insurance (SSDI) program.

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If you're receiving unemployment insurance, applying for Social Security Disability benefits is contradictory because you're claiming that you're able and willing to work by accepting unemployment insurance. But by applying for Social Security Disability benefits, you're claiming that you cannot perform substantial gainful activity because you're completely disabled. Judges tend to look unfavorably on this and are less likely to consider you disabled and therefore eligible for disability benefits.

That being said, receiving unemployment benefits does not preclude the receipt of Social Security Disability benefits. It is only one of many factors that a judge will consider when determining whether or not you're eligible for Social Security Disability benefits. Some people who receive unemployment insurance are approved for Social Security Disability benefits. It is something that is decided on a case-by-case basis. However, once you're approved for Social Security Disability benefits, you should stop accepting unemployment benefits.

If you decide to apply for Social Security Disability benefits and accept unemployment compensation, keep in mind that the judge may ask you to explain how it is that you cannot perform competitive work if you've asserted that you're willing and able to accept employment through accepting unemployment insurance. Unemployment insurance is meant for people who are actively seeking work and need financial assistance until they find a job. However, many judges understand that people seeking disability benefits need to get some income, so you won't necessarily be disqualified from applying for or receiving Social Security Disability.

Workers' compensation benefits are paid to workers because of a job-related injury or illness. They are paid by federal or state workers' compensation agencies, employers, or insurance companies on behalf of employers. It is possible to get both workers' compensation and Social Security Disability benefits at the same time. In some states, a favorable Social Security decision can even make your workers' compensation case stronger. So, if Social Security determines that you're completely disabled and eligible for disability benefits, you may be able to have your workers' compensation benefits enhanced.

How Workers' Compensation Impacts Social Security Disability Benefits
If you receive workers' compensation and Social Security Disability benefits, the total amount of the benefits cannot exceed 80 percent of your average current earnings before you became disabled. If the total amount exceeds 80 percent, the excess amount is deducted from your Social Security Disability benefits. If your workers' compensation expires, the amounts of your Social Security Disability payments will go back to normal. The offset created by workman's compensation also affects the amount of your disability back pay, or past due benefits.

If you plan to apply for Social Security Disability benefits and have a workers' compensation claim, get a copy of your workers' compensation settlement documents because Social Security will ask for them. Also, be aware that if you receive a lump-sum workers' compensation payment or the amount of your workers' compensation payments changes, you have to notify the Social Security office so they can adjust the amount of your Social Security Disability payments.