I am permantly disabled, and for awhile I received SSI payments and medi-cal due to it. I came into some money, not a large amount, but too much to qualify for SSI anymore. They immediately took me off SSI and stopped my medi-cal which I need very much. I begged them to let me even pay them for the medi-cal but they said no.

I am told I do not qualify for SSDI because I didn't work during the proper 5 year time period. When I had a workman's comp case years ago, the attorney decided I wasn't completley disabled and didn't see to it I got SSI or even SSDI. When I applied for SSDI the social security agent lost all my paper work, and then I was told it was too late, the paper work wasn't done in time.

I wonder why I can't get my lifetime earnings, those aren't counted at all, but I'm told I can get that if and when I turn 65 which is a ways down the road. Since I'm battling a life threatning disease my chances are slim I'll make it to age 65 to ever draw it. I have to pay for a private insurance with increased rates due to a previous medical problem. The insurance place would not accept that I had been covered with medi-cal, they said that didn't count. I pay out a huge amount monthly for nothing, and have a huge deductible a year before the insurance would even pay. If something happened, I'm sure the insurance company would figure out a way not to pay.

I cry all the time because of this, has anyone known of anyone else that falls into this gray area? Why can't a social security attorney do something to change this law? I think each case should be judged by a case by case basis. The social security office claims nothing can eve be done. They have suggested writing to congress which I have many times. Not once has my letters ever been answered. That's the way they deal with. I don't think this is fair since I really am disabled and did work for many years before being disabled. I can't draw from an ex husband because I wasn't married for over 10 years, plus I couldn't anyway unless one of them had died. I'm not old enough to get mine yet.:confused:

Because you came into some $$$$ unfortunately, you are no longer entitled to SSI.
However, I cannot see why that shouldn't stop you from applying for SSDI since you stated:
"I really am disabled and did work for many years before being disabled."
You didn't indicate *how many years* though?
Kind of confused why you couldn't apply for SSDI in the first place. :confused:

Strongly suggest that you contact a Social Security Attorney that ONLY specializes in handling Social Security cases to see what your chances are.

Have you considered calling the Congress person you written to? Also, letting your local newspaper & news station know about your predictiment? Especially the part about the Congress person not getting back w/you?

Good luck! :angel:

I didn't work during the five years before applying, that is why. It's a strange law, but that is the way it works. It doesn't matter how many years I worked before, which was a lot, like 20 years. What matters is that it wasn't applied for during the right time. I wrote in the other post the things that happened to me, that's why. It was never DISCLOSED to me that someone had to have worked during the last five years. I've contacted the Social Security office over and over and over. They say nothing can ever be done unless congress ever wants to change it. They obviously don't want to change this rule, because they would have to pay a few people more social security, they don't want to do that. If it doesn't affect them personally they don't care.

I don't think there is anything that can be done regarding them never replying to me, that's the way they work. If they ever did, I'm sure they would just say Oh well, that's the way it was written up clear back in 1930.

I didn't work during the five years before applying, that is why. It's a strange law, but that is the way it works. It doesn't matter how many years I worked before, which was a lot, like 20 years. What matters is that it wasn't applied for during the right time. I wrote in the other post the things that happened to me, that's why. It was never DISCLOSED to me that someone had to have worked during the last five years. I've contacted the Social Security office over and over and over. They say nothing can ever be done unless congress ever wants to change it. They obviously don't want to change this rule, because they would have to pay a few people more social security, they don't want to do that. If it doesn't affect them personally they don't care.

I don't think there is anything that can be done regarding them never replying to me, that's the way they work. If they ever did, I'm sure they would just say Oh well, that's the way it was written up clear back in 1930.
hello seems like u need a lawyer to help you with this ..goodluck luv sweetpain

Hi , because you havent worked for 5 years prior to filing you can't get SSDI ? Yikes ! I'm on workers comp and have been since 03 , could this happen to me ? Yes I have worked long enough and have enough credits for SSD. I pray they can do something for you , no one should have to go without health insurance. I didn't work during the five years before applying, that is why. It's a strange law, but that is the way it works. It doesn't matter how many years I worked before, which was a lot, like 20 years. What matters is that it wasn't applied for during the right time. I wrote in the other post the things that happened to me, that's why. It was never DISCLOSED to me that someone had to have worked during the last five years. I've contacted the Social Security office over and over and over. They say nothing can ever be done unless congress ever wants to change it. They obviously don't want to change this rule, because they would have to pay a few people more social security, they don't want to do that. If it doesn't affect them personally they don't care.

I don't think there is anything that can be done regarding them never replying to me, that's the way they work. If they ever did, I'm sure they would just say Oh well, that's the way it was written up clear back in 1930.

What is you are disabled on the state level, but not with SSD but eventually you reapply when you are older since that seems to be their main issue with me is my age. That would mean that although I worked 23 years, but waited for 8 more to get to 45 to reapply after being denied that I would not get it b/c I had not worked in the past 5 years????? Even though I was on state disability? Geez this is confusing. I would bet every last dollar that I don't have but should that Congress sure as heck has a disability policy that will actually pay for them!!! Heck they get so much money and benefits even if they are only there for one term and it is passes on to their spouse at their death. They literally are set for life once they get their position and don't seem to have the capacity to really look at those that pay for their cushy later years that are suffering b/c they won't touch SS law. I agree with an earlier post. Be the squeaky wheel. Get in touch with every local news outlet you can. They always like human interest stories, and if involves being ignored by a politician from their state, county, or town all the better! Good luck to you and us all that are still trying!!!!
MimGregg

Shawley,

If you worked the lasy 5 years prior to you being hurt and being on Wokers Comp, this wouldn't affect you at all. But if someone applies and they haven't worked the last 5 years, then you are out of luck. That is just the way the Goeverment does it.

Hi , I have worked for 12 years with this company when I was injured in 2003 , so I'm safe if I applied ? No time table ? Thanks so muchShawley,

If you worked the lasy 5 years prior to you being hurt and being on Wokers Comp, this wouldn't affect you at all. But if someone applies and they haven't worked the last 5 years, then you are out of luck. That is just the way the Goeverment does it.

Dont take me wrong and think I am being mean,but the place you should check with about how being on WC since '03 affects SSDI in the future is with an attorney who handles SSDI.I just was approved a few weeks ago,so I dont know much,but Im pretty sure WC wont let you draw for 5 years,they will make some sort of settlement in my experience(limited!)So I think you will be ok.It makes some difference in your age,a young person in their 20's has different earnings rules than an old lady like me!!First thing to do is go to SSA website and research,then check with an attorney. joannla

Shogirl, I know this is an old post I'm replying to, but . . .

I'm another one who didn't know to file for SSDI within 5 years after stopping work. However, all is not lost. I had doctor records from when I was working and from the 5 year period after I quit work that proved my disability, and current records that all said the same thing. My five year period was up in 2003, but I didn't file SSDI until 2005. We were able to go back and prove my onset date was prior to my disability insurance expiring, and I was recently approved for SSDI.

Please keep trying if you have good medical records from the correct time frame! You really can file after the five years and win, no matter what they tell you at social security. Just fill out the SSDI forms and turn them in. Make sure you focus on work impacting problems that were occurring in the correct time period rather than "today's problems".