February 16, 2018

You’ve Paid for it; Social Security Disability Benefits are Not a Gift

In addition to having medical conditions that prevent you from working, a wage earner first must have worked long enough to have earned work credits to become eligible for Social Security Disability Insurance (SSDI) benefits.  These credits are earned by contributing to the Social Security system through your FICA taxes.  This is not some type of federal government handout, it is a benefit program, you as a worker, have paid into.  If you receive these monthly benefits, then contributions have been paid throughout the years to make sure you were eligible for benefits.

Like most other insurance programs, your insured status can expire if “premiums” are not paid.  The date a claimant’s eligibility for SSDI benefits expires is known as a Date Last Insured (DLI).  Typically, a person who has earned enough credits through FICA taxes to the federal government has a DLI that expires approximately five years after they stop working.  A person seeking SSDI benefits must be found to be disabled prior to this date.  If you wait too long to apply for SSDI benefits, this date may actually be in the past.  When this situation occurs (which is known as a remote DLI), it can be increasingly difficult to convince the SSA you were disabled further and further in the past.  The SSA may only consider medical records from on or before your date last insured and give little or no weight to your current medical condition.  As an attorney, these remote DLI issues can be difficult to argue.  I believe it is in your best interest to apply for disability as soon as you feel you cannot work full time to ensure that you have the best chance of winning your claim.

As the title of this blog implies, Social Security Disability Insurance is something you have a right to if you meet Social Security’s disability standards and have accumulated enough work credits.  Social Security Disability is an insurance program just like any other with premiums and coverage.  For more information about SSDI or Supplemental Security Income (SSI) you can contact my office for a no cost initial consultation.  No one plans on becoming disabled; when it happens, it can be traumatic to you and your family.  My office wants to alleviate some of that stress by answering your questions and preparing your case in a way we believe is consistent with getting you the best possible outcome.

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