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SOCIAL SECURITY'S 5 YEAR RULE ON DISABILITY

 SOCIAL SECURITY'S 5 YEAR RULE

What is the five year rule with regard to Social Security disability?

You must have worked 5 years out of the past 10 years to get a Social Security disability insurance payment (known as SSDI, or "Title 2" benefit).

Social Security disability is a "worker's insurance plan." It is intended to cover workers who have enrolled in Social Security protection by paying for it with payroll deductions (FICA deductions).

As long as an individual is working and paying FICA he or she remains covered by the government's disability program. When a person stops working their disability coverage eventually ceases to exist (usually after 4 or 5 years).

The date when an individual's eligibility to file a new SSDI ceases is called the DLI, or Date Last Insured.


After your DLI you are no longer insured by Social Security for a new disability claim.
 

Finding out when you DLI is (or was) is easy. Just call your local Social Security office and ask, when is my Date Last Insured (DLI).


What if your DLI recently expired? You may still be entitled to file one (and only one) new disability claim AFTER your DLI, provided that you became disabled under Social Security's rules before your DLI. You must have been disabled before your DLI, but may file your claim after the DLI.


EXAMPLE: Mary stopped working in October of 2014. Her Date Last Insured is 12/31/19. Mary wants to file a new Title 2 disability claim (SSDI) in May of 2021. Can she? Yes, she gets to file ONE new claim after 12/31/19. To be approved, however, Mary must prove that her disability under Social Security's rules began on or before 12/31/19.

You may want to check with a qualified Social Security attorney or advocate before you make important decisions about Social Security disability. The above is general information but your case may prove to be an exception or special circumstance.

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The Forsythe Firm, 7027 Old Madison Pike NW, Huntsville, AL 35806 ("Across from Bridge Street"). Phone (256) 799-0297.


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