How Do You Become Eligible for Social Security Benefits?

Social Security is a federal program directed by the Social Security Administration (SSA) that provides vital financial support and benefits to eligible individuals, including: 

• Retirees through Social Security Retirement Benefits 
• Individuals with disabilities through Social Security Disability Insurance (SSDI)
• Individuals with limited income through Supplemental Security Income (SSI)
• Surviving spouses or family members of eligible workers through survivor benefits

How do you collect social security? This article will cover eligibility basics for the main types of benefits. For legal help, reach out to a social security lawyer.

What Are Retirement Benefits? 

“Under social security law, the general umbrella of insurance benefits is [called] RSDI: Retirement, Survivor, Disability Insurance,” says Laura J. Zdychnec, an elder law attorney at Northwoods Law Group in St. Louis Park, Minnesota.

Retirement benefits are monthly checks that replace some or all of an individual’s income as they transition to retirement. These cash benefits help older individuals cover their cost of living as they work less or stop working entirely. 

Who Is Eligible for Social Security Retirement Benefits? 

“People are eligible to claim social security retirement benefits starting at age 62,” says Zdychnec. You must either be a U.S. citizen or lawfully present in the United States to qualify, and “you must have a particular number of work history credits. In other words, you must pay into the system through payroll withholding and so forth.” 

How Many Work History Credits Do I Need To Qualify?

Individuals need 40 work credits to qualify for full social security retirement benefits.  Since 1978, social security rules have said that individuals can gain up to four credits per year. Credits are tied to a person’s amount of earnings, and the required amount to get a credit can vary from year to year.  For example, in 2024, it takes $1,730 of earned income to get one credit (and $6,920 to earn four credits for the year). You can work full-time or part-time as long as you get the required amount of income to earn credits. 

Given the cap on the number of earnable credits per year, it takes 10 years of work to earn 40 credits and receive full retirement benefits. If you earn more than 40 credits over the course of your working life, that doesn’t mean you get more benefits when you retire. You just have to get enough credits to get the full benefit. “In sum, people who can claim social security retirement have to be at least age 62 and have to have a sufficient work history to qualify for that insurance benefit,” says Zdychnec. 

Can I Get Benefits if I Haven’t Sufficiently Paid Into Social Security?

“Supplemental Security Income (SSA) is the other social security benefit. This is needs-based social security,” says Zdychnec. It provides a minimum amount of income for individuals who are either: 

• Over the age of 65; 
• Blind; or
• Certified disabled under the SSA’s definition of disability.

Individuals who qualify for SSI benefits “have not paid [social security taxes] sufficiently to qualify for social security insurance retirement or disability benefits.”  

How Is My Social Security Benefit Amount Calculated?

Monthly social security benefits are calculated using an individual’s average indexed monthly earnings (AIME). Various factors contribute to an individual’s benefit amount based on their earnings record. Currently, the maximum that an individual can receive per month in social security retirement benefits is $3,822. 

Although individuals can start receiving some retirement benefits at age 62, full retirement benefits only kick in once an individual has reached full retirement age.  “An individual’s monthly benefit amount increases depending on their full retirement age, which varies depending on their birth date,” says Zdychnec. For example, if you were born: 

• Between 1943-1954, your full retirement age is 66 years old;
• In 1958, your full retirement age is 66 years and 8 months old; 
• After 1960, your full retirement age is 67 years old. 

Do You Need a Lawyer To Claim Social Security Benefits?

“Most elder law attorneys, as well as attorneys who focus on social security law, don’t get involved on the application end,” says Zdychnec. “It’s only in circumstances when someone has been denied benefits that an attorney helps them get a back payment.” 

When getting an attorney’s help for long-term planning, it’s essential to understand the specific kind of social security benefit you are receiving. Different types of benefits lead to different planning strategies. “In the area of elder law, we frequently have clients or the family members of clients who say they’re on social security. It’s always a challenge to dig into that statement and figure out what kind of social security benefit they are actually receiving. It’s very important to understand the benefit in order to figure out how they’re positioned in terms of further planning.” 

For example, “[Elder law attorneys] frequently have to distinguish if people are receiving social security disability insurance or another type of benefit.” The difference is important because disability insurance is not means-based, so a person’s “income won’t be jeopardized if, for example, they receive an inheritance.” However, Social Security Income (SSI) is needs-based and has very rigid rules. “In most states, SSI is directly tied to a person’s Medicaid or Medicare assistance eligibility.”  

Because of the different rules governing different types of benefits, “It’s important for elder law attorneys to carefully ask [a client] these questions. We want to make sure we aren’t giving information that will jeopardize the client’s benefits.” 

Find Experienced Legal Help

If you have questions about claiming your social security benefits or general retirement and end-of-life planning issues, visit the Super Lawyers directory to find an experienced social security attorney in your area.