What is the 20/40 Rule in SSDI?

The 20/40 Rule in Social Security Disability Insurance (SSDI) refers to the general requirement for workers 31 and older to qualify for benefits.

With this, you need to earn a minimum of 20 work credits within a 40-quarter (10-year) period prior to your disability onset to be insured. If you don’t, the Social Security Administration (SSA) can deny your SSDI benefits request.

Speak with a Social Security Disability lawyer about the 20/40 Rule in SSDI if you plan to apply for benefits. Choose an attorney who has a track record of success with SSDI claims. Your lawyer can teach you about this rule and how it can impact your disability benefits eligibility.

How Does the 20/40 Rule in SSDI Work?

The Social Security Administration uses work credits to determine Social Security Disability Insurance eligibility. You get up to four “credits” for each year that you work and earn a certain amount of income. The SSA will look at the 40-quarter period before your disability started to decide if you’re eligible. During this time, you must have earned at least 20 work credits.

Most adults generally need to be “fully insured” (based on their age) and meet the recent work test to qualify for Social Security Disability Insurance benefits. With these credits, 20 of them must have been earned in the 10 years before a disability began. This allows the SSA to ensure that an SSD applicant has a recent work history.

The 20/40 Rule does not apply to workers under 31. People between the ages of 24 and 30 need fewer work credits to qualify for SSD benefits than those 31 and older. Even fewer work credits are needed for individuals under 24 who want to request these benefits. Consult with a Social Security Disability attorney if you’re worried that you don’t have enough credits for SSDI.

Why the 20/40 Rule Matters in SSDI

The Social Security Administration defines the 20/40 Rule in accordance with Code of Federal Regulations § 404.130. Learn about this rule and all that it entails if you’re 31 or older and plan to apply for SSDI benefits.

Reasons this rule matters to you include:

• The rule determines your eligibility for SSDI benefits. Use the rule as a test to ensure that you’ve contributed enough to the Social Security system to qualify for disability benefits.
• The rule focuses on your recent work. Since the rule emphasizes your recent work history, it minimizes the risk of SSDI benefits requests based on old contributions.
• The rule defines your date last insured (DLI). This is the final day that you’re eligible for SSDI benefits. Your DLI is tied to this rule, and if your work credits “expire” (you don’t meet the recency test), you won’t be eligible for SSDI.

Have a lawyer with SSDI claims experience explain the 20/40 Rule relative to the specifics of your situation. Your attorney can give you insights into the approval rate for SSDI by age. They can make sure that you qualify for SSDI based on your age and, if so, help you file your application based on the SSA’s requirements.

Example of How the 20/40 Rule in SSDI Can Affect You

As you examine the 20/40 Rule in Social Security Disability Insurance and its potential effects, consider an example involving someone who becomes disabled at age 55. To receive SSDI benefits, this individual will have to show the SSA that they earned at least 20 work credits between the ages of 45 and 55, even if they have 40 or more credits from before they turned 45.

In the above example, this individual’s DLI is at the end of the quarter when they became disabled at age 55. If they didn’t earn 20 credits between the ages of 45 and 55 (the 10 years before their disability), they won’t meet the criteria for the 20/40 Rule’s recency test. Thus, if they apply for SSDI benefits, the SSA will have grounds for denying their request.

Get help from a lawyer who knows the ins and outs of SSDI if your disability benefits request is denied due to the 20/40 Rule. Your attorney can evaluate your denial and the reasoning behind it. From here, they can appeal your SSDI denial on your behalf.

Take the 20/40 Rule in Social Security Disability Insurance Seriously

Expect the Social Security Administration to give your Social Security Disability Insurance application its undivided attention. If you ignore the 20/40 Rule in SSDI as you complete your application, you could wind up having your benefits request rejected.

At Pilzer Klein, our focus is winning Social Security Disability claims for people ages 55 and older, one case at a time. Our team has over 50 years of combined experience. We will use what we know to ensure that your SSDI request complies with the 20/40 Rule and other SSA requirements.

For more information, schedule a free consultation.