Publication date: 24.04.2025
Zhanna Grigoryan is an attorney specializing in social, medical, and immigration law. She assists with retirement benefits, disability claims (SSI, SSDI), participation in the IHSS program, and legal status adjustment in the U.S. With years of experience, she works with precision and care, guiding clients through every step — from consultation to appeal. If you’ve been denied, don’t know where to start, or how to submit documents — Zhanna will find the right solution.
Receiving Social Security Retirement Benefits with Minimal Work History and Intermittent Employment
Context of the Situation
In the U.S., to receive Social Security retirement benefits, one must meet several requirements, including a minimum work history, payroll tax contributions, and reaching a certain age. Individuals often face difficulties if they:
- Have incomplete work history;
- Worked off the books or irregularly;
- Received income in cash without tax reporting;
- Have work history from abroad;
- Were unaware that certain jobs (e.g., nanny or caregiver) can be counted if properly registered.
Attorney Zhanna Grigoryan faced a situation where a client (anonymous for confidentiality) had only 28 work credits (with 40 required—equivalent to 10 years of official employment). Some of the employment history was recorded in the system, some was missing, and certain earnings were not properly reflected in SSA (Social Security Administration) records.
Resolution Process
Step 1: Employment History Analysis
The first step was to request and analyze the Earnings Statement—an official record from SSA listing all reported income by year. Periods with no reported income were identified despite actual work activity. This required:
- Collecting W-2 forms and tax returns (Form 1040) for missing years;
- Obtaining written confirmations from former employers;
- Identifying reporting errors that may have led to the “loss” of annual earnings.
Thanks to a systematic review and documentation gathering, an additional 4 credit years were confirmed that had not previously been accounted for by SSA.
Step 2: Use of Alternative Employment Forms
The law allows for the inclusion of paid employment in work history even if it was not originally reported through official W-2 forms, as long as the employer can verify payment. This is especially relevant for:
- Domestic work (cleaning, nannies, gardeners);
- IHSS (In-Home Supportive Services through Medi-Cal for caregiving);
- Cash-based work that was later self-declared via Schedule C (self-employed).
The attorney initiated witness statement collection and prepared amendments to tax returns to include omitted earnings. These actions added 3 more years of work credits, critically bringing the total close to the required minimum.
Step 3: Filing for Social Security Retirement
When the client reached age 66 years and 8 months (full retirement age at the time of application), Zhanna Grigoryan submitted the application via the SSA system. The following steps were taken:
- Application submitted via SSA’s online platform after creating a MySocialSecurity account;
- All supporting documents were attached digitally;
- The client was accompanied during the phone interview, which is a standard part of the process.
SSA initially issued a decision granting partial benefits, stating that some of the work history was not recognized. The attorney prepared appeal documentation with all evidence of previously unreported income.
Step 4: Appeal and Review of the Decision
The SSA appeal process follows a defined hierarchy:
- Reconsideration — case reviewed by another SSA officer;
- ALJ Hearing — hearing before an Administrative Law Judge;
- Appeals Council — higher SSA appeal authority;
- Federal Court (in extreme cases).
At the Reconsideration stage, Zhanna submitted updated tax forms and employer letters confirming wages paid. These were accepted, and SSA revised the decision in the client’s favor.
Step 5: Result
- The required minimum of 40 credits was confirmed;
- Full retirement benefits were granted, including retroactive payments for the waiting months;
- A monthly payment was established, based on average wages and work history.
Zhanna continued assisting the client to:
- Obtain Medicare Part A and B (health insurance linked to retirement status);
- Apply for housing assistance (Section 8) and utility discounts;
- Enroll in discounted cell phone and transportation programs (Lifeline, Access).
Legal Analysis
This case demonstrates that even when retirement seems out of reach, there is still a real chance. The law allows for:
- Recovery of lost work credits;
- Correction of SSA records;
- Recognition of unreported income through legal procedures;
- Use of appeal mechanisms.
A document confirming successful receipt of pension payments with a minimum length of service
Frequently Asked Questions:
Question
If I worked less than 10 years, does that mean I’m not entitled to a pension?
Answer
Not necessarily. In some cases, you can recover lost credits by verifying income, amending tax returns, or including alternative forms of employment (e.g., caregiving through IHSS). It's also possible to receive spousal benefits if your spouse has a full work record.
Question
Are the years I cared for a relative under IHSS counted toward retirement?
Answer
Yes, if the payments were official and taxes were paid, these periods can be counted toward work history. Proper documentation and tax reporting are essential. Legal assistance can be especially helpful in such cases.
Question
What if SSA denies my pension application?
Answer
This is not the end. In most cases, the decision can be appealed. The appeal process includes Reconsideration, ALJ Hearing (before an administrative judge), Appeals Council, and, if needed, Federal Court. Competent legal support greatly improves the chances of success.
Many believe that without 10 years of official employment, Social Security retirement is out of reach. However, this case proves that with professional legal support, justice can be restored and financial security achieved in retirement.
Attorney Zhanna Grigoryan uses every available legal tool to protect her clients’ rights and obtain the benefits they deserve. Even in complex situations—when work history is incomplete, documents are lost, or income is unreported—there are solutions, and a professional approach makes them achievable.
