The Social Security Act: Law Explained

Most people would agree that the intricacies of the Social Security Act can be confusing.

This article clearly explains the Social Security Act in simple terms, covering what it does, its major programs, administration, financing, and key issues debated today.

You'll learn the Act's definition and origins, its 3 major achievements, the roles of SSA and CMS, how payroll taxes fund programs, and arguments around reforming Social Security and Medicaid.

The Social Security Act was enacted in 1935 as part of President Franklin D. Roosevelt's New Deal legislation. The Act created a social insurance program designed to pay retired workers age 65 or older a continuing income after retirement.

The Social Security Act of 1935 created a federally-administered social insurance program in the United States to benefit the elderly, the unemployed, and the disabled. When it was signed into law by President Roosevelt on August 14, 1935, it established the Social Security program as well as Unemployment Compensation, Aid to Dependent Children, Grants to the States for Maternal and Child Welfare, and the Aid to the Blind program.

The Act was an important part of Roosevelt's New Deal reforms in response to the economic crisis of the Great Depression. By creating a national safety net for elderly and disadvantaged Americans, it aimed to improve living standards and consumer purchasing power.

The passage of the Social Security Act in 1935 was a landmark moment in the history of the social welfare system in the United States. For the first time, the federal government took on an active role in providing a degree of economic security for its elderly and disadvantaged citizens.

The Act was important because it established the principle that the government should take responsibility for protecting vulnerable groups through social insurance funded by payroll taxes. It transformed the American conception of government responsibility toward its citizens.

The Social Security program has become one of the most popular, trusted, and successful government programs in U.S. history. Its passage in 1935 laid the foundation for today's social safety net.

The Social Security Act was signed into law in 1935 as part of President Franklin D. Roosevelt's New Deal. It established a social insurance program designed to pay retired workers age 65 or older a continuing income after retirement.

In simple terms, the Social Security Act:

Created a federal program to provide old-age pensions and unemployment insurance
Established a national fund collected through payroll taxes to pay benefits to retirees
Set up a Social Security Board to administer the old-age benefits program
Gave lump-sum payments to states for assistance to aged individuals, blind individuals, dependent children and the disabled
Imposed taxes on employers and employees under the Federal Insurance Contributions Act (FICA) to fund the program

The Act set up two types of benefits provisions:

Federal aid to states to provide cash pensions to elderly in need
A system of federal old-age benefits for retired workers funded through payroll taxes

In this way, the Social Security Act established the basic framework for the Social Security system that still exists in the U.S. today. It aimed to provide economic security for Americans during retirement by guaranteeing an income stream after leaving the workforce.

The Social Security Act of 1935 established several major programs that aimed to provide economic security for Americans. Here are the three key things the Act did:

Created a national system of old-age insurance: The Act created a federal program to provide retirement income for elderly Americans aged 65 or older. This laid the foundation for today's Social Security system that pays monthly benefits to retired workers.
Established unemployment insurance: The Act created a federal-state program to pay unemployment benefits for up to 16 weeks to eligible workers who lose their jobs. This was intended to help stabilize incomes and consumer purchasing power during economic downturns.
Introduced means-tested welfare programs: The Act authorized federal grants to states for old-age assistance, aid to dependent children, maternal and child welfare, public health services, and support for the blind. These programs provided financial aid and services to poor Americans, including the elderly, children, and the unemployed.

The Great Depression was a key driver behind the Act. Provisions like unemployment insurance and aid to dependent children offered immediate relief, while Social Security created a long-term safeguard against poverty in old age. Overall, the Act aimed to improve economic security for all Americans.

The Social Security Act of 1935 had three major parts:

Public Assistance

This was a federal-state program designed to provide financial assistance to people over 65, dependent children, and the blind based on financial need. It laid the foundation for the modern U.S. welfare system.

Unemployment Compensation

This established a national system of unemployment insurance to provide temporary payments to workers who lost their jobs. It is funded by a tax on employers and administered by the states.

Old-Age Insurance

This was a national contributory social insurance program to pay retired workers age 65 or older a continuing income after retirement. This is known today as Social Security Retirement Benefits.

To be eligible for most types of Social Security benefits, you must earn an average of one work credit for each calendar year between age 21 and the year in which you reach age 62 or become disabled. The maximum number of credits you can earn is 40.

Here are some key details on Social Security work credits:

You can earn up to 4 credits per year based on your annual income. In 2023, you earn 1 credit for each $1,640 of income, up to 4 credits.
Most types of Social Security benefits require you to have earned at least 40 credits over your working lifetime. This is equal to about 10 years of work.
Some types of benefits have different credit requirements - for example, disability benefits may provide coverage for workers under age 31 with less than 40 credits.
Self-employed individuals also earn credits based on their net earnings. The income thresholds are slightly different.
If you become disabled before age 31, you generally need credit for half the time between age 21 and the date you became disabled.

So in summary, working and earning Social Security credits over your career makes you eligible for retirement, disability, survivor and other benefits. Aim to earn the maximum 4 credits each year. Contact the SSA if you have questions on your specific earnings and credits.

The Social Security Act was a major component of President Franklin D. Roosevelt's New Deal legislation enacted in 1935. It came at the height of the Great Depression, when millions of elderly and unemployed Americans lacked a social safety net. The Act created federal old-age benefits, unemployment insurance, and welfare programs to provide economic security.

These programs aligned with the New Deal's goals of relief, recovery, and reform. Social Security provided immediate relief to the elderly unable to work. It boosted consumer spending power to aid economic recovery. And it reformed capitalism by introducing social welfare programs. In this way, the Act was fundamental to the New Deal as a pillar of its social insurance strategy.

Some key milestones in the legislative history shaping Social Security include:

1950s: Coverage expanded to cover many jobs not previously included, such as farm work, self-employment etc. Disability insurance program added.
1960s: Benefits increased with inflation. Medicare and Medicaid added. Coverage extended to include most farm and domestic workers.
1970s: Cost-of-living adjustments made automatic. Supplemental Security Income program added.
1980s: Full taxation of benefits introduced for higher-income beneficiaries.
2000s: Medicare prescription drug coverage, tax cuts, and program changes enacted.

Over the decades, legislation has adapted Social Security to economic and demographic changes.

The Social Security Act has succeeded in providing income security and access to healthcare for millions of vulnerable Americans over eight decades. Its old-age and disability insurance programs have reduced poverty significantly.

However, the program faces funding challenges with changing demographics and economics. Solutions range from reducing benefits, increasing taxes, to major structural reforms. There are also concerns around Social Security numbers being used as universal identifiers, exposing citizens to identity theft risks. Addressing these issues will be key to ensuring Social Security's longevity.

Several factors have contributed to the Social Security Act's longevity over more than 80 years:

Broad political support: Key provisions like old-age pensions have sustained bipartisan backing. This has enabled the Act to withstand periodic revisions.
Adaptability: Amendments over time have allowed Social Security to meet changing needs. This flexibility has helped it endure major demographic and economic shifts.
Popularity: Social Security enjoys strong public approval due to its effectiveness in providing economic security to families. This has made structural reforms politically difficult.
Entrenched status: After decades, Social Security benefits have become an entrenched expectation that is difficult to take away politically. This gives the overall Act stability and staying power.

While challenges remain, these core strengths underpin the Social Security Act's status as a mainstay of America's social compact.

Major Programs Funded Through the Act

The Social Security Act funds several major programs that provide retirement, disability, healthcare, and income assistance to millions of Americans. Key programs include:

Old-Age, Survivors, and Disability Insurance (OASDI) Program

The OASDI program, better known as Social Security, provides:

Retirement benefits to retired workers aged 62+ and their spouses
Disability benefits to workers under retirement age who become disabled and meet work history requirements
Survivors benefits to widows, children, and dependent parents of eligible workers

OASDI is financed through dedicated payroll taxes paid by employees and employers under the Federal Insurance Contributions Act (FICA) and Self-Employed Contributions Act (SECA).

The Medicare Program's Role in Healthcare

Medicare provides healthcare coverage to:

Americans aged 65+
Younger people with disabilities
People with end-stage renal disease

Services covered include hospital care, physician services, prescription drugs, skilled nursing facility care, home health services, hospice care, and more. Medicare is funded through payroll taxes, beneficiary premiums, and general federal revenues.

Medicaid's Place in Public Assistance

Medicaid provides healthcare coverage to eligible low-income Americans. Services covered include:

Inpatient and outpatient hospital services
Physician services
Nursing home care
Home health services

Medicaid is jointly funded by state and federal governments. States administer their own programs within federal guidelines.

Supplemental Security Income (SSI) for Vulnerable Populations

The SSI program provides cash assistance to needy aged, blind, and disabled individuals. Eligibility is based on income and resource limits. SSI benefits help recipients pay for basic needs and improve quality of life. The program is funded through general tax revenues.

The Social Security Act established several key agencies and administrative structures to implement the various programs under the Act.

The Social Security Administration (SSA) is an independent agency of the federal government that administers the Old-Age, Survivors, and Disability Insurance (OASDI) program under the Social Security Act.

The SSA is headed by a Commissioner and has a decentralized organization with 10 regional offices, 8 processing centers, and over 1,200 field offices across the country.

The key responsibilities of the SSA include:

Determining eligibility and processing applications for Retirement, Survivors, and Disability Insurance benefits
Managing the collection of Social Security payroll taxes
Issuing Social Security numbers and cards
Maintaining earnings records for covered workers
Providing annual Social Security account statements to workers
Managing the Supplemental Security Income (SSI) program
Providing information and assistance with Social Security programs to the public

Overall, the SSA handles a massive amount of paperwork and data central to administering Social Security benefits for over 60 million Americans.

Centers for Medicare and Medicaid Services Administration

The Centers for Medicare and Medicaid Services (CMS) is an agency within the Department of Health and Human Services (HHS) that oversees the administration of the Medicare and Medicaid programs established under the Social Security Act.

Specifically, the CMS responsibilities include:

Administering Medicare health insurance for Americans over 65 or with disabilities
Overseeing Medicaid programs run by each state government
Regulating health insurance standards
Tracking healthcare quality metrics and expenditures
Operating healthcare.gov and overseeing ACA marketplaces

With a budget of over $1 trillion, the CMS handles eligibility, payments, and program compliance for Medicare and Medicaid - two of the largest health insurance programs in the United States.

The Social Security Act established several programs that provide benefits to eligible individuals, including retirement insurance, disability insurance, Medicare, and supplemental income for the elderly and disabled. These programs are primarily financed through dedicated trust funds, payroll taxes paid by workers and employers, and general funds provided by the U.S. Treasury.

The Federal Insurance Contributions Act (FICA) requires both employees and employers to contribute payroll taxes to fund Social Security and Medicare. The FICA tax rate is currently set at 7.65% - 6.2% goes to Social Security and 1.45% goes to Medicare. This tax applies to wages up to an annual maximum amount ($147,000 in 2023). FICA helps ensure there are sufficient funds to pay Social Security and Medicare benefits for current and future beneficiaries.

SECA Taxes and Self-Employment Contributions

Self-employed individuals pay Self-Employment Contributions Act (SECA) taxes instead of FICA. The SECA tax rate is 15.3% on the first $147,000 of net earnings in 2023. This is equivalent to the combined employer and employee share of FICA taxes. Paying SECA taxes allows the self-employed to qualify for Social Security and Medicare benefits.

The U.S. Treasury manages trust funds that receive FICA and SECA taxes and make benefit payments for programs under the Social Security Act. For example, the Federal Old-Age and Survivors Insurance Trust Fund pays monthly retirement and survivors benefits. If taxes collected are inadequate to pay scheduled benefits, the Treasury provides additional funding as needed. General federal revenues also help finance parts of Medicare through appropriations.

Key Issues and Reforms Debated Today

The Social Security Act has been crucial in providing economic security for millions of Americans, but faces challenges in long-term financing that lead to debates on reforms. This section reviews some of the major contemporary policy issues.

The Social Security trust funds are projected to only be able to pay scheduled benefits until 2035, when they would be depleted. After that, payroll tax revenue is projected to only cover around 75-80% of scheduled benefits. There are debates around options to address this solvency issue:

Raise the retirement age - Gradually raise the full retirement age to account for rising life expectancy. This reduces costs but can be seen as a benefit cut.
Increase payroll taxes - An increase in the payroll tax rate or wage base could help fund scheduled benefits. But higher taxes can be politically difficult.
Change cost of living adjustments - Proposals to shift COLAs to "chained" CPI often arise, which would reduce costs but also gradually erode benefits over time.

Reaching agreement remains challenging given the scale of changes needed and disagreements on priorities.

Medicare Reform: Policy Proposals and Debate

With rising Medicare enrollment and costs expected in the coming years, reforms aimed at cost control and added financing have been proposed:

Increase Medicare eligibility age - Gradually raising the eligibility age to 67 has been suggested but is controversial. Critics argue it shifts costs to employers, states, and individuals.
Shift costs to higher earners - Proposals exist to add a surcharge or higher premiums for higher income seniors to increase funds.
Reduce provider payments - Lowering payments to doctors/hospitals could reduce federal spending but raises access concerns.

There are many reform ideas but little consensus on the right path as parties debate priorities amid rising costs.

The Medicaid Expansion Debate and State Decisions

The Affordable Care Act enabled states to expand Medicaid eligibility to more low-income adults. This remains controversial:

37 states have adopted expansion, extending coverage to millions more low-income residents. Proponents argue it has increased access and reduced uncompensated care.
14 states have not expanded eligibility. Opponents argue it is costly for states in the long run and oppose growing entitlement spending.

Debates continue on the costs versus benefits as not all states have opted for expansion.

The Social Security Act of 1935 has had a profound impact on American society over the past 90 years. Some of its major achievements include:

Providing a social safety net for millions of elderly and disabled Americans through programs like Social Security Retirement Benefits and Social Security Disability Insurance. Over 65 million Americans currently receive Social Security benefits.
Reducing poverty rates among the elderly. In 1959, nearly 35% of seniors lived in poverty. Today that number is around 9%. Social Security benefits have played a major role in improving seniors' financial security.
Establishing the framework for administering Medicare and Medicaid. These programs now provide health coverage for over 125 million Americans.
Setting up the country's first national system of unemployment insurance, which now helps stabilize incomes for millions of workers who lose their jobs.

The Act established critical social welfare programs that have evolved and expanded over time to meet the changing needs of American society.

While the Social Security Act's legacy is substantial, the programs face funding challenges in the coming decades due to America's aging population. Key issues include:

The Social Security Trust Fund may be depleted by 2035 unless revenue is increased or benefits are reduced. This could require across-the-board benefit cuts of up to 20% if no legislative solution is reached.
Medicare's Hospital Insurance trust fund may run out by 2028. Cost pressures from rising healthcare spending and an aging population strain Medicare's financing.
Changes in the nature of work, such as the gig economy, may require reassessing how Social Security and payroll taxes are collected from non-traditional workers.

Despite these challenges, the Social Security Act is likely to remain a pillar of the social safety net. But ensuring its future solvency and relevance will require difficult legislative compromises in the years ahead.