Date Last Insured
The "Date Last Insured" is very important in a Social Security disability case. A Claimant's date last insured is the last date that the individual is eligible to receive Social Security disability insurance. In order to qualify for Social Security disability, an individual must be "insured" or have paid into Social Security. A Claimant must have worked 20 of the last 40 quarters, or 5 out of the last 10 years to qualify for disability.
If a person becomes disabled and is no longer paying into Social Security disability because he or she has stopped working, the individual is given 5 years to prove disability and qualify for Social Security disability. A Claimant must prove disability by the end of 5 years or not be eligible for Social Security disability. Often a person files after the date last insured has expired. In those cases, the Claimant must prove disability going back to the date last insured. This often involves a doctor making a retroactive analysis of the Claimant's medical records to see if the Claimant was disabled prior to the date last insured expiring.
In order to prevent any problems with the date last insured, a person should file for disability immediately after stopping work. If the Claimant cannot establish disability before the expiration of his or her date last insured, the Claimant may be eligible for Supplemental Security Income (SSI). The date last insured does not apply to SSI. However, SSI is based on a Claimant's household income and many Claimants do not qualify for SSI.
For more information on Social Security disability benefits and a person's date last insured, contact an experienced Social Security disability attorney at Gardberg & Kemmerly, P.C. today at 251-343-1111 for a free case evaluation. Gardberg & Kemmerly, P.C. represents Social Security disability claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court.