Monday, June 22, 2020

YOUR SSDI CAN EXPIRE UNLESS YOU FILE YOUR CLAIM IN TIME

You stopped working a few years ago.  At the time, you didn't think about disability.  You just didn't feel up to the wear and tear a job was putting you through.

Years later, your condition worsens and you feel it's time to file a new Social Security disability claim.

Social Security tells you that your insured status for disability has expired.  Your Date Last Insured or DLI has already past.  What does this mean?

In simple terms, it may mean that you may have waited too long to file a claim.  You are no longer insured for disability by the Social Security Administration (SSA).

Social Security disability insurance (SSDI) is only for workers.  It does not insure the general public, but only workers who pay FICA through payroll deduction.  You must pay into Social Security to be covered by it, just like you must pay your car insurance or homeowners insurance to remain covered.

SSDI generally expires about 5 years after an individual stops working and stops paying FICA.  Like any other insurance policy that isn't paid, it expires.  The expiration date is called the "Date Last Insured," or DLI.  This applies to new claims.

Here is the general rule on coverage.  You must have worked at least 5 out of the past 10 years to be covered.

Let's say your DLI has passed.  You are no longer an insured person.  Can you still file a claim?

Yes, it may be possible.  Persons who are no longer insured by SSDI get one chance to file a new claim.  They are permitted to file one, and only one, new claim after their date last insured.  There is a catch, however.  They must prove that their disability began before their date last insured.

For example, if your DLI was 12/31/18, you must prove that your disability began prior to that date.  The further in the past your DLI was, the harder it will be to prove disability.

Think of it in the same terms as your automobile insurance.  If your car policy expired on 12/31/18, accidents occurring before that date are covered.  Those occurring after that date are not covered.  The accident must occur before the insurance expired.

SSDI insures against a worker's disability.  It stands to reason that disability must occur before the disability insurance expires.

How do you find out what your date last insured (DLI) is?  It's simple.  Call your local Social Security office and ask.  It's in their computer under your account and can be accessed in 1 minute or less.

Here's the point to take away from this discussion:  If you have stopped working and feel you are disabled, file an SSDI claim right away.  (You cannot file while you are still working at "substantial gainful activity").

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