Social security is so confusing

[rightstrivinsissy]

I have barely worked since ETSing in 2004 and recently was awarded 100% p&t. I originally applied for SSDI in 2016 when I still had credits but was denied. I applied again in 2019 and they said my credits ran out. So now reapplying since I am unemployable, is this just a waste of time, or will they consider the fact that I was a good earner up until my service connected injuries? It does seem like a long shot but also seems unfair to deny someone until they are out of credits. 

Any knowelege/expertise on ssdi ssi would be greatly appreciated, I have no clue

[Banned]

SSDI is pretty hard and fast on the 5-year rule.  Even though you applied and were denied in '16, I don't think that matters unless, you kept appealing that decision.

But, I am no expert on SSDI, just remembering what I took to get my wife's SSDI,

Hamslice

 

Edited March 5, 2021 by Hamslice
cause I can (see edit history)

[Buck52]

I would keep trying/appealing  the SSDI.

  WITH YOUR IU Award letter They should give the SSDI to you...what I don't know is  if they will go back to the year 2016  ?

YOU will eventually win the SSDI  they always deny on the first and second try...just keep appealing it.

you may need to see the SSA Judge  and  there you can show him your disability in person.

I read something about the SSA a few years ago about the retro  and I seem to remember  they will only go back 24 months...but I am not 100% SURE. you may need to ask an attorney?

NEVER THE LESS KEEP APPEALING THEM.

[pacmanx1]

The thing about SSA and SSDI, is that the SSA goes by onset date and the date of application.  You will most likely be denied at first and you will also most likely need an attorney. It is typical or normal for the SSA to deny your claim and force you to get an attorney and file an appeal to the Appeal Council that will take about 18 to 24 months before you get an ALJ (Administrating Law Judge) hearing.

[broncovet]

You need to hire a lawyer and appeal (if you are in appeal period for ssd).  If you are not in the appeal period, apply again, and then appeal.  

Social security supports thousands of attorneys who appeal.  The attorney's know how to make it happen.  If you qualify under VA, you should get SSDI, and they are even supposed to expidite for Vets.  

[deedub75]

I don't think there is any way around the 5 year rule unfortunately......

[kanewnut]

Code of Federal Regulations

Title 20—Employees' Benefits

CHAPTER III—SOCIAL SECURITY ADMINISTRATION 

https://www.ssa.gov/OP_Home/cfr20/cfrdoc.htm 

I think these are the regulations. You can look in here.  

[ErinNick]

My husband is about to appeal for the 3rd time.. his plan is to keep appealing since VA has said that he cannot work.  In his case, we're hiring our own vocational expert to present on the next appeal.

[Mr.B]

Site the 9th circuit court in Oregon! One government organization must take consideration with the other ruled on! Ah look it up!

[Banned]

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/06/04/16-55987.pdf

Not sure if she got it in the end, but a nice read,

Hamslice