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Did I wait to long to apply

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    Did I wait to long to apply

    I was diagnosed 2007 and worked till 2011, when the store I worked at closed. I've been trying to get on disability since then. I've started trying again and now I'm told I waited to long. I haven't worked since 2011, but have been taking care of my mother. Now I'm unable to work full time and really need disability. Did I really wait too long??? Ive been denied twice 2013 and 2015.

    #2
    Best to hear it from the lawyer who volunteers on site.

    I believe it may be, since you don't have work credits the last 5 years. I am not sure how the previous 2 denials though may impact this. If the last claim was closed and not appealed, it may be too late.

    If you aren't eligible for SSDI, there is a supplemental needs based disability award for those that are not eligible for SSDI. The benefit is a lower amount, but better than nothing.

    Hopefully our volunteer attorney will be along with a definitive answer.

    Good luck to you.
    Kathy
    DX 01/06, currently on Tysabri

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      #3
      Thanks Kathy,

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        #4
        Margie - below is from a Motley Fool article I read eived. It may not be too late. Contact Social Security to find out or open the claim. Worse thing they say is no. Vyou could also consult with a Social Security attorney. They don't get paid unless your claim is successful. The amount paid is also capped.

        "Work credits are basically points you accumulate by earning, and paying Social Security taxes on, a certain amount of money. In 2018, you earn one work credit for every $1,320 in wages or self-employment income. You can earn four credits per year, so once you've earned $5,280 in taxable income in a year, you can't earn any more credits until the next year.

        The specific number of work credits you need to qualify for SSDI will vary depending how old you are when you become disabled. As a general rule, you can potentially qualify if you've earned at least 20 credits in the 10 years prior to becoming disabled and if you've earned a total of 40 credits or more."
        Kathy
        DX 01/06, currently on Tysabri

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          #5
          You probably have not waited too long, and you likely have one more 'bite at the apple.' Assuming you earned above $6,000 per year from 2007 through 2011, you would likely be able to qualify for disability if you were able to show that you were disabled prior to the end of 2016. Considering that you were last denied in 2015, you can still show that you were disabled after that decision and prior to the 2016 date last insured.

          We call these claims 'remote onset claims,' and they are challenging to pursue without the assistance of counsel. You should contact an attorney for assistance from the outset, and are welcome to contact my office. Assuming your doctors were taking thorough notes regarding your symptoms in 2016, these are winnable claims.

          Finally, you should contact Social Security and ask for your 'date last insured' for Social Security Disability. This is the date by which you have to prove you were disabled.

          For others who may view this post, a person remains insured for SSDI whenever they have worked five of the prior 10 years. This means that a person who left work in 2011 must prove a disability as of the end of 2016. One catch is that, once a final denial has been issued by the SSA, you cannot file a new claim allege a disability date prior to the date of decision. For instance, if you were denied by a judge and didn't appeal in 2017, you would not be able to reapply in 2018 and allege disability starting in 2016. Importantly, this does NOT mean that the court must reach a decision by the end of 2016; simply that when the court reaches a decision, the date they say your disability began was by the end of 2016. My office has had success backdating claims up to a decade when there is strong medical evidence of symptoms and limitations.

          Good luck!
          Attorney Jamie R. Hall's practice is focused on assisting individuals with claims and appeals for Social Security Disability and Long Term Disability benefits. He has assisted claimants nationwide, approximately half of whom are MS patients, from his Pennsylvania and Ohio locations. **No attorney/client relationship is created by this communication, and information provided herein is not a substitute for formal advisement.**

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            #6
            Well, apparently I did wait to long

            I didn't really wait to long,I've applied every year since 2011. I'm not sure why they didn't tell me sooner that I was last qualified in 2015.
            Do I have any other options for money. I'm 54 and about to lose my house.

            Comment


              #7
              Originally posted by Margieppf View Post
              I didn't really wait to long,I've applied every year since 2011. I'm not sure why they didn't tell me sooner that I was last qualified in 2015.
              Do I have any other options for money. I'm 54 and about to lose my house.
              Margieppf,

              I have no wise words for your situation. I am so sorry you find yourself in this situation. There is Social Security Supplemental Income (SSI). My understanding is that it is for people who do not have the work credits for SSDI. It is a smaller benefit than SSDI. I don't know how the application process works.

              Also, have you tried the NMSS organization to see if any grants or if they could point you to other organizations?

              My heart goes out to you. I pray you can find some assistance.
              Kathy
              DX 01/06, currently on Tysabri

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