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When applying for regular Soc Sec benefits are tax records checked to ensure FICA were paid for every year worked ?

Orlando, FL |

1099 independent contractor tax responsibilities

Attorney Answers 4


  1. Your Social Security benefit payment is based on how much you earned during your working career. Higher lifetime earnings result in higher benefits. If there were some years when you did not work or had low earnings, your benefit amount may be lower than if you had worked steadily.

    Your benefit payment also is affected by the age at which you decide to retire. If you retire at age 62 (the earliest possible retirement age for Social Security), your benefit will be lower than if you wait until later to retire.

    My comments are NOT LEGAL ADVICE. They are for informational purposes only. Actual legal advice can only be provided after you have signed an engagement letter. Answering this question does not create an attorney client relationship. Remember that without attorney client privilege you could possibly divulge information that can hurt your legal rights in the future. I am a tax attorney in Miami Florida. I can help you with your federal tax issues via a secure client portal if required.


  2. SS will check all available pay records from the IRS. So to answer the question directly, yes.

    "Nothing in this communication is meant to establish an attorney-client relationship. The information is provided for educational purposes only. No action will be taken on your behalf unless you have have hired me and entered into a written retainer agreement. I am only licensed in Tennessee and I suggest contacting an attorney in your specific city and state as soon as possible to avoid any statute of limitations deadlines, if applicable."


  3. Hmm. Not sure what you mean. Does SSA get a report from the IRS explaining who did and did not pay FICA taxes - yes. Will they do anything about it - probably not. There could be a good reason for not paying FICA taxes. Not paying the FICA tax primarily hurts you - it means you are not paying in to Social Security for retirment or disability benefits and it may mean lower benefits at retirement - or no benefits.

    So, yes, they know who did and did not pay FICA taxes, but only to figure out who does and does not have enough tax paid for eligibility for SS benefits.

    The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.


  4. Social Security uses those forms submitted either by your employer or you-such as W-2 or 1099. Normally, you get a yearly statement of your earnings to make sure everything has been reported. If you do not have a recent statement, you should get an earnings report (from Social Security Onlinee-www.ssa.gov) and compare them. If you disagree, you would need your tax returns or at least the W-2 or 1099s to correct them. You can get old returns from the IRS.

    These comments are not intended to be legal advice. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship.

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