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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 35309
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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My wife has alzheimer's disease. She worked years but does

Customer Question

My wife has alzheimer’s disease. She worked for many years but does not have enough current credits for disability. I understand the she needs 20 current credits over the past 10 years
She worked part time and recorded income for the past four years and will record income for 2015.
We thought she needed to make $4,000 per year but the number has been indexed and she’s short.
Does the IRS count fractional points? For example, if she made $4,316 in 2011 and each point was awarded at $1,120 does she get credit for 3.85 points (4,316 / 1,120) or just 3 points?
If she had 16 points total what can we do?
1) Do we have to wait to the end of the 2016 tax year and have her continue to work?
2) Could we refile her self-employment income over the last 4 years to get her above the minimums?
3) Could she earn 4 credits in Q1 by making over $5,040 ($1,260 X 4) and filing for disability in Q2?
Submitted: 9 months ago.
Category: Social Security
Expert:  LawTalk replied 9 months ago.

Good afternoon John,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

No, social security does not award fractional quarter credits.

Social security no longer gives credits based on quarters but based on income earned during any time of the calendar year. The amount of earnings required for a quarter of coverage (QC) in 2016 is $1,260. So if your wife can earn income and pay taxes on $5,040 in 2016, she will have earned the 4 quarters. She does not need to work all year. In fact if she has a job paying that much in one day, then working just the one day is sufficient to earn the 4 quarter credits.

You can refile self employment tax returns going back only 3 years----but you will probably raise a red flag as to what happened and why you are now showing greater income. In other words, why didn't she report he actual income to begin with----but yes, it would work.

Social security does not apply earned credits until the following year when you file your tax return, so she will not be eligible for disability in 2016 unless you can show extra credits through tax return amendments for prior years.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

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