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100% Ptsd/mst In Jan 2013 But No Social Security

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Destia22

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I have been dealing with PTSD/MST for almost 20 years. I haven't worked since 2007. I just got 100% for PTSD due to MST in Jan 2013 but I called to see about getting Social Security ( I have 3 kids) but they told me that since I have not worked in over 5 years I lost out on my social security benefits. Is this even possible? I was fortunate enough to have a husband who supported me financially so since I was not able to work I didn't think at the age of 40 I would even qualify for social security. I am grateful for what I got but I worked for 15 years as a nurse and paid into my Soc Sec. and now they said I waited to long to apply for it. Anyway if anyone knows about social security and would like to educate me about entitlements I would really appreciate it.

Thanks in advance,

Caroline

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That happened to a friend of mine too, he missed it by a few weeks. I don't know why that policy is the way it is. Sorry, but glad that you are a 100%. I would love to go from my current 80% to 100%, it is a big jump in pay.

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You must be relieved to finally have your claims completed with VA. I'm sure that was a very difficult process.

I believe there are a few exceptions to that Social Security rule that requires you to have worked in 5 of the last 10 years. You should check with a few SS attorneys and see if any of the exceptions would apply in your case.

Below is an excerpt from the Nolo Law website:

The "date last insured" (DLI) is the last date that an individual is eligible to receive Social Security Disability Insurance (SSDI). In order to receive SSDI, an individual must pass the "recent work" test. To pass this test, you must have worked 20 of the last 40 quarters, which is more simply stated as five of the past ten years.

Look Back Period

Generally, Social Security will look back ten years from the date the applicant filed a disability claim to determine an individual’s DLI. The date that an individual stops working due to disability is not relevant in determining the ten-year look back period; instead, the date of filing an application is used.

Date Last Insured

If you worked your whole life and then stopped, your DLI depends on the date you stopped working (at a job that pays into the Social Security system through FICA taxes). For instance, if you worked up until five years ago, your DLI would be today. If you worked up until four years ago, your DLI would be one year from now. If you haven't worked for six years, your DLI was one year ago.

Applying for SSDI After Your DLI

If you apply for SSDI after your DLI has gone by, you won't be able to get SSDI disability benefits. There are two exceptions to this rule, however. You are still eligible for disability benefits if:

  • your medical evidence can show that the onset of your disability was prior to your DLI, or
  • you received a protective filing date before you filed your disability application, and that date is before your DLI.

Unfortunately, because many disabilities do not have a singular event that causes them, establishing a disability onset date can be difficult and requires medical evidence to support that onset date. Often an applicant's medical record will not contain enough evidence to show that the onset date was a certain number of years ago. However, if you applied for SSDI at an earlier time, sometimes an SSDI lawyer will be able to reopen your old Social Security claim for evidence of an early disability onset date.

If your onset date is determined to have occurred before your DLI, you still have to fulfill the recent work requirement. But in this case, the ten-year look back period will start with your onset date of disability. For instance, if you quit work six years ago because you were in a bad accident, but you didn't apply for SSDI until today, the ten-year look back period would start six years ago. As long as you worked a total of at least five years (20 quarters) in the time period ranging from sixteen years ago until six years ago, you would be insured for SSDI.

Edited by NavyWife
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I have been dealing with PTSD/MST for almost 20 years. I haven't worked since 2007. I just got 100% for PTSD due to MST in Jan 2013 but I called to see about getting Social Security ( I have 3 kids) but they told me that since I have not worked in over 5 years I lost out on my social security benefits. Is this even possible? I was fortunate enough to have a husband who supported me financially so since I was not able to work I didn't think at the age of 40 I would even qualify for social security. I am grateful for what I got but I worked for 15 years as a nurse and paid into my Soc Sec. and now they said I waited to long to apply for it. Anyway if anyone knows about social security and would like to educate me about entitlements I would really appreciate it.

Thanks in advance,

Caroline

What is the effective date of your VA - 100 % SC ?

Also, did VA provide P&T status - no future exams, Chapter 35 dependents education ?

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Destia, I am sorry for what you went thru, lets just say that " I had a similar situation when I was a Kid " my last two years in the Navy I was a Sexual Assault Investigator, and my last job was an Agent tracking Violent Sex Offenders. God bless you and your strength. I apologize in advance if I have come off inappropriate. Just wanted to show you my support, as my wife has supported me through these tough times.

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