Social Security Disability Law
Congress passed the Social Security Act in August 1935. Over the years Congress made a number of changes to the Social Security Act, however, there was no provision for disability in the original Act, or in later amendments. Each time Congress considered amendments to the Act, there were discussions and debates about possible disability provisions and how they would be administered. For a decade, 1940-1950, the Social Security Board, which later became the Social Security Administration, recommended in annual reports, the payment of social insurance benefits for workers who were permanently and totally disabled before they turned 65.
Social Security Disability Eligibility
When you are seeking Social Security Disability benefits, your disease or condition must meet the Social Security Administration's (SSA) definition of disability. As a guide in determining qualifying disabilities, Social Security claims representatives and administrative law judges refer to The Code of Federal Regulations as well as Social Security Rulings.
The FICA tax is a combination of Social Security and Medicare taxes. You and your employer pay equal amounts of the FICA tax, which amounts to 15.3%. The portion of FICA tax that goes to Social Security equals 12.4%, with you and your employer each paying 6.2%. The Medicare portion of the FICA tax is 2.9%. Your employer pays 1.45% for Medicare and another 1.45% is withheld from your paycheck.
Social Security Disability Insurance
SSDI provides wage replacement income for disabled persons until their condition improves, or guarantees income, if the condition does not improve. Eligibility for disability benefits is based on payment of FICA taxes and meeting strict Social Security Disability rules.
Supplemental Security Income (SSI)
In 1972 responsibility for public assistance programs for the aged and disabled shifted from the states to the Social Security Administration (SSA), and the initiative became the Supplemental Security Income (SSI) program.
Filing for Social Security Disability Benefits
The Social Security Administration makes it easy to begin the process to file for Social Security Disability Benefits. While there is no set time limit to apply for benefits, you may actually lose benefits or be unable to file a claim, if you wait too long. One's insured status generally ends five years from the last date of employment.