By Sarah E. Hoffman. 113 Penn St. L. Rev. 621.
The Social Security Administration (“SSA”) determines eligibility for Social Security Disability Insurance (“SSDI”) benefits on the basis of both the disability and the work history of the applicant. The 20/40 rule is a tool used by the SSA to evaluate whether an applicant’s work history is sufficient to award benefits. The rule provides that “[a]n individual shall be insured for disability insurance benefits in any month if . . . he [or she] had not less than 20 quarters of coverage during the 40-quarter period which ends with the quarter in which such month occurred. . . .” Because the 20/40 rule requires recent and substantial work activity, it may discriminate against women, who leave their jobs much more frequently than men to care for their children. . . [keep reading]