FICA Social Security Payroll Tax: Can You Legally Opt Out?
Author: Ian C. Langtree - Writer/Editor for Disabled World (DW)
Published: 2011/07/15 - Updated: 2026/01/20
Publication Type: Informative
Category Topic: Taxation - Related Publications
Page Content: Synopsis - Introduction - Main - Insights, Updates
Synopsis: This informational article examines the Federal Insurance Contribution Act (FICA) payroll tax system and addresses common misconceptions about opting out of Social Security contributions. Written by the editor of a disability resources publication and last updated in February 2024, the piece provides practical guidance on mandatory Social Security participation, limited exemptions (primarily for clergy in certain states), and the various benefit programs funded through these payroll deductions. The information proves particularly valuable for workers concerned about Social Security's long-term viability, people with disabilities who may qualify for SSD or SSI benefits, families caring for disabled children, and anyone seeking to understand how payroll taxes translate into potential insurance coverage for disability, survivorship, and retirement scenarios they might face before traditional retirement age - Disabled World (DW).
Introduction
You're paying Social Security payroll taxes and you've seen the news: Social Security Trust Funds are projected to fully deplete within the next quarter-century. Naturally, you may have concluded that your Social Security taxes have been an involuntary investment that you'll never get a good return on. You may be curious as to whether you can cut your losses and opt out of paying Social Security taxes, since you believe Social Security Trust Funds won't survive long enough for you to receive the benefits yourself.
Main Content
Unfortunately, very few of us have a choice about paying Social Security taxes through the Federal Insurance Contribution Act (FICA). While some states allow particular state government workers to opt out of the Social Security taxes, New York only has one exception. In NY, only members of the clergy can opt out of Social Security taxes - and the subsequent ability to receive such benefits. However, the Social Security situation isn't as bleak as younger Americans may believe at first glance.
Even assuming that the worst-case scenario comes true and the Social Security Trust Fund is exhausted before you reach eligibility for retirement-age benefits, there are several other forms of benefits that Social Security pays out to eligible Americans. Here are just a few of the instances where a working-age person could still benefit through Social Security:
Social Security Disability Insurance benefits
Americans who are considered "disabled" under the Social Security Administration's definition may be able to collect SSD benefits if they meet the eligibility requirements.
Supplemental Security Income (SSI)
When someone can't work due to a disabling injury, mental impairment, or old age, SSI provides medical assistance and cash payments. When a child is disabled, parents or family members may collect SSI to aid in care for the child.
Family and Spouse Social Security Benefits
Spouses and children of disabled workers may be able to collect benefits under Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), and sometimes may be able to receive both simultaneously.
Social Security Disability Benefits for Surviving Children
Children who survive the death of a parent may be able to received Social Security Disability benefits.
The Social Security system is complex and there are many different avenues to benefits when a worker is disabled or dies. Unfortunately, costly mistakes can quickly ruin one's Social Security Disability claim. The wisest move is to contact an experienced disability claim advocate to help you assess your options.
Insights, Analysis, and Developments
Editorial Note: While many Americans focus solely on retirement benefits when evaluating their Social Security tax contributions, the program's real insurance value often emerges during working years when unexpected disability strikes or a family loses its primary earner. The irony is that workers who most want to avoid these payroll taxes may actually benefit from them long before reaching retirement age - whether through disability coverage after an accident, SSI assistance for a child with special needs, or survivor benefits that protect their families. Rather than viewing FICA as a questionable investment in a distant retirement, it's worth recognizing these taxes as premiums on an insurance policy that covers some of life's most financially devastating possibilities, making the calculus of "opting out" far more complicated than it first appears - Disabled World (DW).
Author Credentials: Ian is the founder and Editor-in-Chief of Disabled World, a leading resource for news and information on disability issues. With a global perspective shaped by years of travel and lived experience, Ian is a committed proponent of the Social Model of Disability-a transformative framework developed by disabled activists in the 1970s that emphasizes dismantling societal barriers rather than focusing solely on individual impairments. His work reflects a deep commitment to disability rights, accessibility, and social inclusion. To learn more about Ian's background, expertise, and accomplishments, visit his full biography.