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

[Buck52]

Well she kept working and her boss let her go because of her disability's...(this was a caregiver job of 19 years taking care of an elderly lady with Alzheimer's and the daughter was the boss)

her boss called her on her day off and said this,

''hello, I am going to make this as short as I can''...''we decided to let you go because of your disability's''...., although my spouse was doing her job.above and beyond &did lots of extra things that was not included in her job she loved this old lady to pieces!

no thank you for your hard work over the years or anything from the daughter just blunt and to the point.

As for as them running out of money no chance this lady & family had millions.

wrongful termination (yes) however the law reads that an employer has to have at least 15 people working under them before filling the suit....this was a caregiver job and the lady (92) Alzheimer's & only had 6 employee's.

My spouse was ready to call it quits in 6 months this year &give her months notice and find a replacement but ya just never know how people can be some times.

This put a financial hardship on us but that's the way it goes some times.

My wife wrote the daughter an email asking if she would write a letter for her saying why she was temanated due to her disability's the daughter reply ''We were advised were not obligated to send such letter'' that was it never sign it or anything.

We don't know why? they the daughter always had good things to say to my wife and actually said they were blessed to have my wife taking great care of her mother and it was that way for years and the trust and bond was there my wife loved working for them.

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

Edited May 11, 2015 by Buck52

[Chuck75]

In my "at will" state, an employer can fire/layoff without any stated reason. At most, severance pay may be paid.

Other states have more stringent rules, and may define the severance pay based upon the duration of the job.

Things are even more complicated in the field I retired from. The work was for the government (DOD) under various contracts.

The contracts were technically multi year, with "renewals"/funding every six months. The government might decide to not renew,

or even skip a six month period, or award to a new company. Major reasons for this are meeting contracting goals and requirements,

as well as keeping the pay lower.

[Pete53]

Did they pay your wife under the table or pay her part of Social Security and declare on their tax returns? Sometimes I think people like your wife's employer are worried about people they fire coming back at them. You might check about unemployment benefits. I think that your wife might qualify for that

[Chuck75]

Thank you free_spirit_ect

Great information.

we will defiantly print these forms off & fill out before we go to the SSA office.

Thanks for all your help!

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

Try to be as polite and easy to talk to as possible! The SSA clerks can easily make things simple or complicated, and cause approval or denial. You may find a clerk that is happy to help, or one that is not!

I had this experience some years back, and had only minor problems getting approval of a better payment start date. I was fortunate that the clerk originally handling my case was compassionate, one of the senior clerks,

and knew all the rules. Later, a junior clerk tried to throw a monkey wrench into things by initially refusing to accept certain paperwork I was specifically told by the senior clerk to generate.

I solved this by marking the envelope and the paperwork for the attention of the senior clerk, and getting a date/time stamp on both my and the submitted copy. The additional paperwork resulted in an informal administrative

appeal, (and award of an earlier start date and retro) forestalling the need to use the formal appeal process. (Which was still open of I disagreed)

[Buck52]

_{Yes they did hold- out her taxes SS& FICA and unemployment tax.}

_{They paid her good I think her gross was 1960.00 every week take home pay was 1638.00 or so!}

_{she worked 2 weeks out of the month plus a week vacation pay of the 1960 -tax so her income is about 54.55 k year}

_{Question ? she goes to the SSA Office Wed the 13th and file for Disability SSD ...beings they maybe a 5/6 month wait if she is approved...can she file for unemployment?}

_{.....................Buck}

Edited May 11, 2015 by Buck52

[Buck52]

Not sure why my text spaced out like that?