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Old 08-22-2008, 06:57 PM   #1
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10sox HB User
Five year rule?

I've been reading through some posts here and I have a question about the "five year" rule?

Is it true that you caannot collect disability if you have not worked five years before filing?

What if you have only been able to work a very limited amout during those five years resulting in very little income? (less than $8,000/year)

Thanks!

 
Old 08-22-2008, 08:12 PM   #2
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justmefl HB User
Re: Five year rule?

From what I understand if you do not qulify for SSDI because of work credits then you might be able to collect SSI.

 
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Old 08-22-2008, 11:00 PM   #3
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roses4lace HB User
Re: Five year rule?

Work credits are "rolling", so they age off. After 5 years of not working, there wouldn't be enough to "qualify".

It has to do with when your disability started. If you can medically prove it started on a date while you were covered by the SSDI (had enough work credits) you can qualify for SSDI (Social Security Disability Insurance). It's insurance you paid into while working. When you aren't working, you aren't "paying premiums". Otherwise, you have to be very poor with few assets to qualify for SSI (Supplementary Security Income).

Basically, you want your onset date to be a date during the time you were covered by SSDI. (I filed 7 years after I quit work, proved my onset date was during the correct timeframe, and won my SSDI case.)

Good luck.

 
Old 09-30-2008, 01:58 AM   #4
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tinkerbell78 HB User
Re: Five year rule?

i know that if you havent worked enough credits in the past 5 yrs before you became disabled you are limited to collecting SSI if you qualify.

 
Old 10-04-2008, 01:14 PM   #5
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Join Date: Nov 2007
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ellemae11 HB User
Re: Five year rule?

If you have not worked in the five years because of your disability I don't think the 5 year rule applies. That means when you apply for disability it must be retroactive back the 5 years. I hope I said that clear enough.

 
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