SSDI BENEFITS CAN EVAPORATE WHEN YOU STOP WORKING

About 5 years after you stop working, you will lose your insured status for a new Title 2 disability claim.  You become a covered worker under Social Security by having payroll taxes (called FICA) deducted from each paycheck.  As long as you work and pay FICA tax, you continue to be covered for disability under the Social Security Act.  However, when you stop working, you no longer pay into Social Security and after about 5 years you cease to be covered for a new claim.

The date on which your Title II coverage expires is called the "Date Last Insured" or DLI.  

Can you file a new disability claim after the DLI?  Yes, you can.  You get one application after the DLI.  However, you must prove that your disability began before the Date Last Insured.  

Here's a simple example.  David stopped working in 2009.  His Date Last Insured (DLI) was 12/31/14.  He filed a disability claim on 6/1/16.  Can he receive SSDI benefits?  Yes, but only if he can prove that his disability began before 12/31/14.  If it began after 12/31/14, he would not be insured and therefore, would not be entitled to benefits when the disability occurred.

If you have stopped working, how do you know when you DLI occurs?  The easy way is to call your local Social Security office and ask.  (The DLI is not always exactly 5 years after your last day of work).

One piece of advice would be:  If you feel you have a disability that will prevent you from working for at least 12 consecutive months, file the claim right away.  Waiting runs the risk of losing your insured status.  

A lot of people don't want to be on disability.  When they have an injury or medical emergency, they resist the idea of applying for disability.  Many hope they will be able to return to work.  Some people delay filing a claim for years.  Some return to work, only to find that after a few years they are not able to continue working.  If their DLI has passed, it will be more difficult to file a new disability claim.

So, again, it is best to file your claim as soon as you believe you have a disabling condition.

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