tdiu Social Security Disability ?

[foreveryoung]

Hello All, and thanks for the great Podcast with Bob Walsh the other day.

I really liked what he was talking about on Social Security Disability. Bob stated that even if you don't have enough quarters paid in you should still apply.

That's what got me thinking. I retired early from the Federal Government after 30 years, CSRS, 3 years ago, due to my VA disabilities. I would have worked longer if I was able to, but my disabilities told me different. During these 30 years I didn't pay into Social Security, but I did pay into the system earlier in my working career, a total of 23 quarters.

I recently got awarded 100% TDIU P&T after 3 years of back and forth with the VA.

My plan after I retired from the Government was to have a part time job to finish paying my quarters into Social Security. Well that's not going to happen now.

So, here's my question, am I able to apply for Social Security Disability even if I haven't paid into the system in over 30 years?

Thanks for all you do here at Hadit.com for Veterans.

Edited December 6, 2014 by foreveryoung

[free_spirit_etc]

Thanks ALL, this is really good information. I wonder if the "worked at least 5 of the last 10 years" trumps my chances? I have also heard others have received it, and never paid anything into system as well.

I think the worked 5 out of the last 10 years will work against you. That is that many quarters of insured work (as in insured with Social Security).

My husband applied in Spring 2006. He ran out of "insured status" December 2005. He retired from the military in 1998, and then went to school. He did some teaching after that, but that paid into SURS (State University Retirement) instead of SSA.

So at first they told him he wasn't eligible because he was no longer insured. We pointed out that he became disabled BEFORE December 2005 - and thus he was disabled while still under insured status.

So, yes - you can qualify if you can show you were disabled while you were still insured under SSD. But that is not very hopeful if you have to go 30 years back.

There might be other ways to qualify for benefits. If your spouse is retired, deceased, disabled - you could qualify for benefits on their record (i.e. on their insured status). But you would need to check on the Government Pension Offset -- http://retirement.federaltimes.com/2013/04/02/government-pension-offset-and-windfall-elimination-provision/

Even drawing your own benefits, you would want to check information on the Windfall Elimination provision. http://www.federalretirement.net/social_security.htm

Basically, as a Federal Retiree, SSD benefits you would draw on your own record would be reduced under the Windfall Elimination Provision. Benefits you would draw on someone else's record would be reduced under the Government Pension Offset.

The program for those who have not paid into the system, or who have not paid enough in to draw above poverty level SSDI is the SSI program. It is a needs based program that is pretty strict about the amount of money you can have coming in and the amount of assets you can have.

Edited December 10, 2014 by free_spirit_etc

[foreveryoung]

I was rated for a few of my disabilities over 30 years ago, got out in 1976, not sure any would apply with Social Security. I was also able to paid back my military time before I had to retire, that's what I away hear you had to do. Paying it back was to stop CSRS from reducing your pension by the amount you could receive from SSA. That's a mute point now.

[free_spirit_etc]

foreveryoung,

if you think you might qualify, by all means apply. Everyone has the right to apply before someone determines whether they are eligible or not. I don't really know your circumstances that well. So any ideas I give may or may not apply. That would be great if the quarters you paid back entitled you to both. I think they make some other adjustments for military time too.

Keep in mind that there is no partial disability on SSD. You are either disabled or not. They don't rate on percentages like the VA. I personally think it would be difficult to show you were unable to work for the last 30 years when you were working.

You may very well qualify for retirement income from SSA. Even if you are close, you could even consider doing something very part time if you are able to, and pay in a few extra quarters over the next few years to make you qualify.

But then again, you know much more about your own circumstances.

In much of the time I fought my claim for accrued benefits and DIC, many people told me I would not win my claim --including VSOs, a couple of attorneys, and even some people on this forum, However, my research told me different, and I kept up the fight.

So by all means, if you think you are entitled to benefits, keep up the fight - Don't let anyone talk you into not fighting for what you deserve.

[Buck52]

Question.

my spouse is going to file for her disability on the 13th of this month ..she is going to the SSA office with an appointment on the 13th.

She was declared total disable 2 years ago total and received her prescription for her disable car tag by her Dr but choose to keep working but it was her that suffered the pain and she loved her job...(caregiver for an Alzheimer's elderly woman) but not bedridden '' kinda like staying with her Grandmother'' she said!

So our question is can she file for those two years back when she was first declared disabled?

or will SSA start her off the date she files which would be the 13th of this month when she files ?

Any one know about this?

btw she is 60 so not able to retire...she is currently on champVA and private insurance as a supplemental.

Thanks in Advance for your advise and opinions.

......................Buck

[free_spirit_etc]

Buck52,

SSA can pay back to one year prior to when you applied, if your wife was disabled at that time. However, one measurement SSA uses to determine if you are disabled is if you are gainfully employed, They consider you gainfully employed if you earn over substantial gainful earnings. My husband automatically qualified for SSDI as far as his physical disability, but he wasn't qualified for benefits until his income dropped below substantial gainful.

If your wife's income was below substantial gainful, she should qualify for benefits up to one year back -- and there is a 5 month waiting period before you can start receiving benefit (after you are disabled - not after you applied). If she was earning under substantial gainful, I would need to check it out before I answered for sure whether she would get 12 months of benefits at first, or seven months. ( I can't remember if the 5 months waiting period is deducted from the 12 months they can go back or added. I think they can actually go back more than 12 months but only pay 12 months. i.e if they could go back two years she gets credit for her waiting period AND 12 months of paid benefits -- but I am not totally sure about that).

If your wife was earning above substantial gainful, she should be able to go back to the date her income dropped below substantial gainful. For instance, if her income dropped below SGA three months ago - those three months should count as her waiting period -- and then she would only have to wait two more months to start receiving benefits.

Also -- her application date should be the date she notified them she wanted an appointment; not the date of the appointment. So if she notified them in April, her "protected filing date" would be April 2015.

Keep a watch on them on the dates. They often want to go by the date you apply. My husband was no longer under insured status the day he applied. The SSA employee told him he was not eligible. I pointed out that he was disabled while still under insured status. She decided he was eligible because he had stopped working in December, while he was still under insured status. But she wanted to set his onset date in December, when he totally quit working. I had to ask her to consider August as his onset date, since his income dropped below SGA at that point. So they approved them all the way back to the month his income dropped below SGA. But if I hadn't read up on the law before the appointment, we would have left believing he wasn't eligible.

The annual amounts for SGA are here http://www.ssa.gov/OACT/COLA/sga.html

Edited May 8, 2015 by free_spirit_etc

[Buck52]

Thank you free _spirit_ect

This helps a lot they don't really volunteer any information at the SSA office.

I think she probably made to much on her job this one was of the reason she stayed working although her Dr told her she needs to stop working and file for her disability couple years ago..., her income was 3.500.00 monthly before taxes, her check was 1623.00 cleared every two weeks...so she probably don't qualify.....but it never hurts to ask or get any information.

She received a letter from SSA today she was denied for the ssdi ...But we may appeal that the denial said she didn't won't to apply for that....which is untrue, she just applied for the appointment via phone on April 27th.

Guess we'll see what happens the 13th....we were just wanting to get as much information as we possibly could.

Thanks for your Advice we both appreciate it.

.........................Buck