Gardberg & Kemmerly, P.C. Attorneys at Law

HAVE I WORKED ENOUGH TO FILE FOR DISABILITY?

HAVE I WORKED ENOUGH TO FILE FOR DISABILITY?

There are essentially two types of Social Security Disability claims, Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). There are also Disabled Children's claims and Widow's Disability claims, but the SSI and DIB claims are the most common. SSI claims are for those without income, have not worked enough to have a DIB claim, or their Disability Insurance Benefits payment amount is below the $735.00 monthly 2017 SSI payment limit. In a DIB claim you must have worked five out of the last 10 years, unless you are under age 31, in order to be insured for benefits. Your monthly payment amount is based on what you paid into when you was working.

You can go to www.ssa.gov and create an account to view your current insured status and what your anticipated monthly benefit would be should you become disabled. Some people who are currently disabled, may have quit working over 5 years ago or have gaps in their work history. This will create what is referred to as a Date Last Insured. A Date Last Insured is the date in which you must be found disabled prior to. Your benefits do not cease on this date, you just must have become disabled prior to that date.

These cases are usually more difficult to win, but certainly not impossible. Many times the medical records are more difficult to acquire as the doctors or hospital may not have the charts any longer, or the records to support your disability simply cannot be found. The Social Security Administration will usually deny these cases pretty quickly at the initial and reconsideration levels, however, do not be discouraged! Our firm has handled many cases successfully in which a Claimant had a remote Date Last Insured.

If you simply do not have the quarters to qualify for Disability Insurance Benefits than that means you have not worked enough or paid in taxes long enough to file a claim. Typically, if you have not worked enough to file a Disability Insurance Benefits claim, then there is not anything we can do to appeal that type of decision. However, you may still be eligible for SSI benefits. Should you become disabled and unable to work, contact your local Social Security office to see if you are eligible to file an SSI application.

It may take extra work, but if you have been told you have a Date Last Insured or denied due to having a Date Last Insured on your Disability Insurance Benefits claim, call one of the experienced disability attorneys at Gardberg & Kemmerly, P.C. today at 251-343-1111 for a free consultation. Gardberg & Kemmerly specializes in helping the injured and disabled in Alabama, Mississippi, Florida, and Louisiana.

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