Wednesday, June 14, 2017
Social Security Disability and the "Date Last Insured"
Today's case was a reminder of the importance of making a timely filing for Social Security Disability should you become disabled from work on a long term basis. In order to be eligible to receive Title II SSD benefits, one must file their claim for disability within a certain period, typically 5 years, from the last date of full-time work. Today's client came to me in late 2016. She had applied for disability in December of 2015 claiming an "alleged onset date" in 2003. Her "Date last Insured" (DLI) was in December 2004. In such a case it is imperative that one have medical records supporting the existence of a disability prior to the DLI. While our client had voluminous recent records records substantiating severe medical problems that would ordinarily make her eligible for disability at an early stage of the process, she had very few records that pre-dated her DLI. Thus, it becomes a challenge for the lawyer to successfully argue such a case. This is especially true given that medical providers only need to retain their patient's records for 7 years. The moral of the story is to apply for Disability as soon as it becomes apparent to you that your condition may prevent you from working for 12 months or more. You do not do yourself, or your lawyer, a favor to wait years and years before deciding that maybe SSD is something you should look into. If you you have any questions concerning onset dates, DLI problems, or any other aspect of Social Security Disability law, feel free to contact us at any time. The initial consultation is always free.