Friday, October 8, 2010

Retirement and SSDI Benefits

We all know that, in order to receive disability benefits under Title II of the Social Security Disability Act, one must have enough work credits to establish eligibility. Once a person with the proper amount of work credits stops working because of disability or any other reason, he or she will be “insured” for five years. The date in which an individual will no longer be eligible to receive disability benefits because his or her insured status has expired is referred to as the “Date Last Insured.” Because of the Social Security Administration’s technical eligibility requirements, sometimes, otherwise medically eligible claimants will not be eligible for benefits. For instance, those individuals with too many resources to be eligible for Supplemental Security Income, whose Date Last Insured has also expired prior to the established onset date, will be deemed technically ineligible regardless of medical eligibility. This is a frustrating situation for claimants applying for disability benefits.

However, what happens once a claimant who’s Date Last Insured has expired reaches retirement age?

It would seem unjust, that a person who has worked all his or her life, but who became disabled and could no longer work for the years preceding his/her retirement age, would not be eligible for it because of the fact that he or she neglected to file for disability benefits or waited too long to do so. If this scenario were true, a lifetime of hard work and paying into the system would be all for nothing.

Read Full Article
http://www.socialsecuritylaw.com/blogs/Retirement-SSDI-Benefits.php

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