Disabled Vet and Social Security Disability - Melvin
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Disabled Vet and Social Security Disability

by Melvin Cook

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On September 1st, 1939 Germany invaded Poland, setting in motion a chain of events that led to World War II. On September 28th of the same year, Germany and Russia partitioned the defeated Poland.

Shortly thereafter a Polish government-in-exile was established in Paris and was transferred to London in June 1940. The United States recognized this government-in-exile on July 5th, 1945.

H, an American citizen of Polish descent, entered into active military service for the Polish government-in-exile, where he served under British command from September 23rd, 1941 through May 21st, 1946.

Social Security law provided that persons who served in active duty in the United States military or navy between the inclusive dates of September 6th, 1940 and July 24, 1947 were granted social security wage credits in the amount of $160 per month.

Likewise, Americans who served in active military or naval service for a country friendly to the United States during World War II were entitled to social security wage credits if they met certain technical requirements.

The benevolent purpose behind this law was to grant these patriotic citizens wage credits where it appeared likely they had given up the opportunity for covered employment in order to serve their country during a time of war. The goal was to compensate for gaps in their social security records as a result of their sacrifice for their country.

To qualify for the social security wage credits, a person who served in the military of a foreign combatant country friendly to the United States during World War II needed to satisfy the following conditions: 1) the person entered such service on or before December 8th, 1941 (the day following the attack on Pearl Harbor), 2) the person was a U.S. citizen during the entire period of their service or lost their U.S. citizenship as a result of such service, 3) the person had resided in the United States for an aggregate of at least 4 years during the five year period ending with the day they entered into such service, 4) the person was domiciled in the United States on the day of their entry into such service, and 5) the person either I) was discharged under circumstances other than dishonorable after such service of 90 days or greater or was discharged because of an injury or disability incurred during or aggravated by such service, or ii) the person died in such service.

H met the conditions to qualify for these social security wage credits.

H applied for disability insurance benefits in November, 1960 and he was found to have been under a medical disability since January 1950. Because of his wage credits from his service during World War II for a U.S. ally, he also met the technical requirements for disability insurance benefits.

A heartening example of treating military veterans with utmost respect for their sacred service to country, cause, and compatriots.

See Social Security Ruling (SSR) 64-12.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.

Contact a Salt Lake City Attorney Committed to Protecting Your Rights

When it comes the family law and social security disability, each client and case is different. It is also important to select an attorney with the experience, skills and professionalism required to address your legal issues. To learn more, contact the Salt Lake City law offices of Melvin A. Cook and schedule an initial consultation to discuss your case.

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