Getting Social Security Disability help isn't the clearest process. To help understand the program, Victor Makris offers an overview of the program. Learn more at http://www.houstonsocialsecuritydisabilityattorney.com/social-security-disability-help/

1. How Social Security Works!
By Victor Makris Attorney at Law
713 526 9966

2. Your Speaker
 Victor Makris, Attorney
 Born in Houston
 Congressional Intern in College
 University of Houston Law Center 1977
 Makris Law Firm PC 1978 – Present
 Board Certified Personal Injury Trial Law
 Practice Areas – Social Security, Personal
Injury, Family Law, Bankruptcy, Probate,
Criminal Defense and more

3. Gotta call the office!!!

4. SOCIAL SECURITY?
 THE TERM “SOCIAL SECURITY” WAS
 FIRST USED BY?

5. ANSWER
 WINSTON CHURCHILL
 DESCRIBING BRITISH SYSTEM

6. ORIGINS OF US SYSTEM
 BISMARK GAVE US AGE 65
 IN 1930 2% OF POPULATION LIVED TO AGE
65
 SS LAW PASSED IN 1935
 PAY AS YOU GO SOCIAL INSURANCE

7. How are benefits paid?
 FICA [Federal Insurance
Contributions Act] = payroll taxes
 FICA goes into Social Security
Trust Fund

8. What year first monthly
SS retirement check paid?
 1936?
 1939?
 1940?
 1942?

9. Answer: 1940
 On Jan. 31, 1940, Ida M. Fuller, age 65,
received the first monthly Social
Security retirement benefit. Between
1937 and 1939, she had contributed
roughly $25 in taxes. Her first check
was for $22.54. By the time she died 35
years later at age 100, she had
collected about $23,000 in benefits.

10. IDA FULLER AND THE FIRST
SS RETIREMENT CHECK

11. TOO MUCH INCOME TAX?
 150,000,000 US WORKERS PAY
 AVERAGE INCOME TAX
 2003 - 7.3% (doubled)
 1955 - 3.4%
 AVERAGE PAYROLL TAX
 2003 - 15% (Tripled)
 1955 - 5.6%

12. THE GREAT EQUALIZER
 FAMILY OF 4 WITH $55,000 INCOME
TAX IS $8,000.00 INCLUDING EMPLOYER MATCH
10% OF TAXPAYERS MAKE OVER $100,000
Pay 31% of payroll tax
Pay 64% of income tax
62% of TAXPAYERS EARN LESS $50,000
Pay 30% of payroll tax
Only 7% of income tax

13. HOW LONG TO GET YOUR $
 1980 TOOK SS RETIREE 3 YEARS
 By 2003 IT TAKES ABOUT 15 YEARS
 AFFECTS EARLY RETIREMENT
80% OF RETIREMENT BENEFIT

14. WHO DOES SS HELP
How Does Social Security
Help People with
Disabilities & Their
Families?

15. Current Design: The Positives
 Set monthly payment
 Adjusted yearly for inflation
 Move among 3 programs: work
history, age, eligibility category
 Same benefit formula all programs

16. Social & Family Insurance
 All workers share risk of common
life events
 Provides benefits for themselves
& family, even younger workers
 Guaranteed monthly payment

17. Essential Protection
 Millions of families face disability
 Adults with serious disabilities have
very low employment rate
 Families of workers who become
disabled need guaranteed income

18. Value of Social Security
For young workers with spouse and
2 children
Life insurance policy = $403,000
Disability policy = $ 353,000
 Affordable disability insurance

19. How to earn insurance
 Workers & employers pay FICA [Federal
Insurance Contributions Act] taxes
 Workers earn “credits” for eligibility
earned per quarters of work for 2015
$1,220 per quarter
■ Spouse and family receive benefits off
wage earner’s record when worker
becomes disabled, retires or dies

20. Not just retired workers
Over 1/3 monthly benefit payments
go to 17 million non-retirees

21. TYPE OF BENEFITS
 RETIREMENT BENEFITS
 SURVIVOR BENEFITS
 DISABILITY BENEFITS
 MEDICARE
 SSI - MEDICAID
 APPEAL PROCESS IS THE SAME

22. Social Security Insurance
 Retirement - insures retirees in
their 60’s after they retire
 Survivors - insures dependent
children and widow(ers)
 Disability - insures against loss of
ability to work due to disability

23. Retirement Insurance
 Retirees
 Spouses – Widow(er)s
 Minor Children of retirees – To age 18

24. Survivors Insurance
 Monthly life insurance if worker dies
Minor children until age 18
 Spouses of deceased workers,retirees
 Disabled widow(er)s at age 50-59
 Widow(er)s at age 60
 Adult children disabled before 22

25. Disability Insurance
 Disabled workers
Minor children and spouses
 Disabled adult children before 22
whose parents are on SS

26. People with Disabilities
 May receive all 3 types of Social
Security benefits
 Family members also eligible

27. Severe disability before age 22
Significant work limitations & single
Qualify when parent is receiving SS
disability, retirement or dies on SS
Rarely leave program
Often move among programs
ADULT DISABLED CHILDREN

28. ADVANTAGES OF AGE
IN GETTING DISABILITY
 REGULATIONS ARE
FRIENDLIER TO DISABILITY
APPLICANTS AGE 50 AND
OVER

29. Younger Workers: Disability
 Need fewer “credits” than older
workers to qualify
 Must prove significant work
limitations
■ Benefit amount depends on
worker’s previous earnings
 Benefits for both spouse & children

30. SSD AND SSI
How are Social Security &
SSI Disability Programs
Different?

31. Social Security Act
 Title II Old Age, Survivors, &
Disability Insurance: Social
Security

 Title XVI: Supplemental Security
Income [SSI]

32. Different Programs:
Title II & Title XVI
 Title II: OASDI
 SS FICA payroll
deduction
 Workers
 Other beneficiaries:
spouses & children
 No asset/income
limit
 Medicare
 Title XVI: SSI
 General revenues
from federal budget
 Default program for
aged, blind,disabled
adults & children
 Asset/income limits
 Medicaid

33. Receiving Both Benefits
 May get Social Security disability &
SSI at same time – limited income &
resources
 May get 1 benefit now & another
later
 But rules about working while getting
benefits differ for each program

34. Paying Current Benefits
 “Pay as you go” system
 Most money coming in pays current
beneficiaries due to
 Very low administrative costs

35. What are the Trust Funds?
 Technically 2 trust funds:
 Old Age and Survivors Insurance
 Disability Insurance
 People with disabilities get benefits
from both
 Policymakers treat as 1 fund

36. What’s the big concern?
 Is there enough money to pay future Old
Age, Survivors & Disability Insurance
benefits?
 Solvency = ability to pay legal obligations
 NOT issue for Supplemental Security
Income [SSI]

37. A DEVELOPING CONCERN
 WHEN MONIES COME INTO THE TRUST
FUNDS WHAT HAPPENS TO THAT
MONEY?
 TREASURY BILLS – TAKE THE MONEY
OUT AND PUT AN IOU IN

38. IS SS BROKE?
 Media and government officials alike
have called the system “BROKE”
 GEORGE W. BUSH
 PRIVATE ACCOUNTS SAGA

39. NO but there is a shortfall
 There is a predicted shortfall in the
amount of money coming in vs the
amount of benefits that will have to be
paid.
 The year this begins differs depending
on who you talk to

41. Some Current Projections
 Pay full benefits using payroll tax
income: until 2020
 Pay full benefits using payroll tax
income & redeeming Trust Fund
bonds: until 2035
 Approximate 29% shortfall after

42. WHAT’S THE PLAN?

43. Tweaking the Engine to
Prevent Shortfall in the Future

44. Proposals to “fix”
Social Security
 Increase payroll taxes all income
 Raise retirement age to 67 to 70
 Reduce monthly benefits
 Asset and/or income cap
 Inject more money from Treasury
adding to national debt

45. Raise the Cap on Income
Subject to FICA Taxes
 Now $118,500
 Raising it to first $190,000 of
income closes 31% of shortfall
 Complete removal closes 99%
of shortfall

46. Raise the payroll tax rate on
employers and employees
 An increase from 7.65% to
8.2% on employer and
employee
 Eliminates half the shortfall

47. Apply payroll tax to benefits
 Tax on health benefits
 Flexible spending accounts
 Closes 11% of shortfall

48. Raising age of retirement
 67 to 70
 Closes 65% of the shortfall

49. Index benefits for longevity
 As life expectancy increases
lower annual benefit
 Closes 21% of shortfall

50. WHAT’S THE BEST PLAN TO
FIX THE SHORTFALLS
 A LITTLE BIT OF EACH OF ABOVE
 PHASE THEM IN SLOWLY
 OVER A FIVE YEAR PERIOD
 TO AVOID SETBACK TO U.S.
ECONOMIC RECOVERY

51. BIPARTISAN BUDGET ACT OF 2015
 FILE AND SUSPEND
 • You file for your own benefits at or after full retirement age;
 • Suspend your benefits until age 70;
 • Spouse or dependent collects in the meantime;
 • You receive increased benefit at age 70.
 You must be 66 and file before May 1, 2016

 RESTRICTED APPLICATION
 • You file for your spousal benefits at or after full retirement age;
 • Restricted application for spousal benefits only;
 • Your defer your own benefit and allow it to grow and claim later.
 Must be 62 prior to end of 2015
 You can file when you reach age of full retirement

52. BASIC TEST FOR GETTING
SOCIAL SECURITY DISABILITY
 MENTAL OR PHYSICAL IMPAIRMENT
 LASTING MORE THAN ONE YEAR
 PRECLUDING COMPETITIVE WORK IN
PREVIOUS EMPLOYMENT AND
 OTHER EMPLOYMENT IN LOCAL OR
REGIONAL ECONOMY

53. HOW TO PROVE DISABILITY
 THROUGH MEDICAL RECORDS!!!!
 BY GETTING TREATMENT!!!!
 HARRIS COUNTY HOSPITAL DISTRICT
PROGRAM
 MHMRA

54. PRESUMPTIVE DISABILITY
LISTING IE - MULTIPLE SCLEROSIS
 MOTOR DYSFUNCTION IN 2
EXTREMITIES OR MORE
■ VISUAL OR MENTAL IMPAIRMENT
■ MUSCLE WEAKNESS ON REPETITIVE
ACTIVITY

55. Compassionate Allowances
 Fast Track grant of benefits
 Even with minimal medical records
 200 different serious illnesses
 Diagnosis is the key

56. THERE ARE 4 RULES
 FOR GETTING DISABILITY

57. APPEAL
 APPEAL
 APPEAL
 APPEAL
 D O N’ T G I V E U P!!!

58. APPLICATION PROCESS
 APPLY FOR BENEFITS
 RECONSIDERATION
 REQUEST A HEARING
 APPEALS COUNCIL/FEDERAL
COURT

59. PROCESS TIME
 APPLICATION TO HEARING
8 - 14 MONTHS
 APPEALS COUNCIL 8 MONTHS
 FEDERAL COURT 12 – 14 MTHS
 DIG IN – PROBLEMS OF
WORKING, UNEMP BENEFITS,
& WORKERS COMP

60. VICTOR MAKRIS
MAKRIS LAW FIRM, PC
 713 526 9966
 1 866 526 9966
 CALL IF YOU HAVE ANY
QUESTIONS
 CALL TO BOOK VICTOR FOR YOUR
SEMINAR
T H A N K Y O U!

61. LEARN MORE NOW
 Visit
http://www.houstonsocialsecuritydisabil
ityattorney.com/social-security-
disability-help/