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]

As far as talking to an attorney, you can get recommendations from NOSSCR http://www.nosscr.org/. They will give you some attorneys to call that will talk to you for free. You might want to reschedule her SSA appointment and talk to a couple attorneys and get their take as to whether she should apply immediately or wait a bit. You don't have to rush the appointment, as applying later this month is still applying this month. It wouldn't change the waiting period.

[free_spirit_etc]

We understand about the 5 month wait if she is approved ,but she has some other issues as well we need straighten out we just hope we don't get some young person that don't know what there talking about at the SSA Window or Cubicle or pretend to know SS-Law .

Were taking some of the SS-Law or SS rules with us incase we need back up...

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

It doesn't take a young person to not know SSA law. The person who processed my husband's claim was a long-term employee - and somewhere around a GS 10 or GS 11. Yet she told him he wasn't eligible because he was no longer insured. She seemed truly sad that she couldn't help him. I had to point out that he was still insured the year before when he became disabled (stopped working in December of the previous year). I also had to point out he dropped below substantial gainful in August. She agreed and then let him apply. But I was surprised she didn't seem to know, and had to go check. I didn't shove the law at her. I just asked it as a question (i.e. But can't they go back to _____?) You don't want to upset them because some of them can get pretty wicked.

[Carl the Engineer]

Hey, every story (situation) is different, please let us know how it goes.

I'm pullin' for you..

Hamslice

[free_spirit_etc]

I agree Hamslice. Every situation is different and every SSA adjudicator is different. You brought up a very valid point about applying soon after stopping work. It looks like the law says you are only required to show you are expected to be out of work for 12 months, but a lot of SSA employees tend to deny unless you have been out of work for a while. Though you don't have to wait a year before applying, applying immediately might not be in your best interest, if you want to get approved on the first round, unless you have very strong medical evidence. But then again, the majority of people don't get approved on the first round anyway.

[Buck52]

Well the thing is her boss terminated her because of her disability's'....she had plan to work another 3 to 6 months of this year due to financial obligations.

wrongful termation yes but her employer only had 6 employee's & the law reads an employer has to have over 15 employees...so that knock out any law suit as for as the ADA ''American Disability's Act''

she is 60 be 61 in Sept

as for as her OSD'' on set date'' she has medical records that show she became disable around 2011

About the clerks I mean I just hope we get someone that knows what they do and can answer truthfully to our questions that basically we already have the answers to ...I suppose we could ask for the supervisor?

We know not to expect good things...so we won't get our hopes up.

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

Edited May 12, 2015 by Buck52

[free_spirit_etc]

I know it seems very unfair to be terminated because of a disability, but I wouldn't push that point with Social Security. I would highlight the point that she can no longer work. At age 60 the standards to meet disability are much more lenient. It mostly comes down to whether she can continue to do the type of job she always did.