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CALIFORNIA SOCIAL SECURITY DISABILITY California Social Security Disability Lawyer, Sacramento Social Security Attorney The Social Security Disability Insurance system differs from workers' compensation in that the cause of the injury is irrelevant for purposes of social security. Whereas in order to be compensable under workers' compensation an injury must arise out of employment, the main issue for purposes of compensation under social security is whether the injury prevents a person from being able to work regardless of the cause of the injury. Thus, while the automobile accident on the commute to work is not compensable under workers' compensation, a worker may be eligible for social security benefits if the injuries resulting from the accident prevent the worker from earning a living. Your Social Security benefit is a percentage of your earnings averaged over most of your working lifetime. Low income workers receive a higher rate of return than those in the upper income brackets, but a worker with average earnings can expect a retirement benefit that represents about 40 percent of his or her average lifetime earnings. To get a free estimate of the retirement, disability and survivors benefits that would be payable to you and your family, click here. As you work and pay taxes, you earn "credits" that count toward eligibility for future Social Security benefits. You can earn a maximum of four credits each year. Most people need 40 credits (10 years of work) to qualify for benefits. Younger people need fewer credits to qualify for disability or survivors benefits. If you work for someone else, your employer withholds Social Security and Medicare taxes from your paycheck, matches that amount, sends those taxes to the Internal Revenue Service (IRS) and reports your earnings to Social Security. If you're self-employed, you pay your own Social Security taxes when you file your tax return, and IRS reports your earnings to Social Security. You pay a rate equal to the combined employee/employer share, but there are special deductions you can take that offset your tax rate. There are five major categories of benefits paid for through your Social Security taxes: retirement, disability, family benefits, survivors and Medicare. (SSI benefits, which are not financed by Social Security taxes, are discussed in another section.) Benefits can be paid to people at any age who have enough Social Security credits and who have a severe physical or mental impairment that is expected to prevent them from doing "substantial" work for a year or more or who have a condition that is expected to result in death. Generally, earnings of $780 or more per month are considered substantial. The disability program includes incentives to smooth the transition back into the workforce, including continuation of benefits and health care coverage while a person attempts to work.
Do you have a Social Security Disability claim?
DO YOU HAVE A SOCIAL SECURITY DISABILITY CLAIM? |