Out of Work for Too Long? How Your Social Security Could Be Affected

If the pain and discomfort caused by a medical condition are preventing you from working at your job, the Social Security Administration (SSA) has a plan for you. Workers who have worked long enough and made enough money may qualify for monthly financial payments through Social Security Disability Insurance (SSDI). Unfortunately, if you have a large gap in employment, you may not be able to get benefits. Read on to learn more.

Social Security Is Insurance

The money from your paychecks is set aside for medical issues like the one you have, but just like other forms of insurance, your premiums cannot lapse. When you apply for benefits, the SSA evaluates your medical evidence, your work credits, and your date of last insurance (DLI).

Date of Last Insurance

The DLI is the last day you worked at a job where you paid Federal Insurance Contributions. The Federal Insurance Contributions Act (FICA) is meant to fund both the Social Security and Medicare programs. If you have not contributed by working, you are not eligible for SSDI. You must have worked and contributed to the plan within the last ten years to qualify for benefits.

The Recent Work Test

The SSA applies a test to determine whether or not you have earned enough money within a certain amount of time. There are special rules for the blind and for those under the age of thirty-one, but everyone else must show that they worked at least five of the last ten years. If you became disabled and stopped working more than five years ago, you may not pass this test. If you have worked for at least five of the last ten years, there are additional tests of the amount of money you earned in that time.

The Recent Work Test Exception

It can be understandably frustrating to have worked for many years and paid FICA but still be unable to get benefits. There is one exception to the recent work test rule, however. If you can prove that you were disabled before you stopped working, you may still qualify for benefits even if it has been more than five years since you last worked. The date that you were disabled but continued to work is known as the protective filing date, and you must have strong medical evidence to back up your claim of being medically disabled prior to stopping work.

This issue can be complex and many people end up getting turned down for benefits that they rightfully deserve. Speak to a law firm that specializes in Social Security law—such as Parmele Law Firm, PC—for help with your appeal hearing and to get your share of benefits for your disability.


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