I understand that this information may be pertinent.  And let’s get one thing straight, I’m RIGHT in the mix of those people who are following all of this extraneous information (I would be a hypocrite if I denied that I didn’t want to know how Britney Spears was doing with her kids).

But the thing that blows my mind is the power of the elderly.  Which is why some people who are applying don’t fully appreciate why the Social Security Disability regulations tends to be more favorable for those over the age of 50.

For those of you who don’t know, the Social Security Administration puts people in 5 categories when it comes to applying for Disability claims:
1) Childrens:  17 years and younger
2) Younger Individuals:  18 years to 49 years
3) Closely Approaching Advanced age:  50 - 54 years
4) Advanced Aged: 55 - 59 years
5) Closely Approaching retirement age:  60 years to 64 years.

The regulations tend treat those individuals who are over the age of 50 differently because those individuals have a tendency to have been in the work force for a more significant period of time.  Therefore, their ability to adapt to other jobs may be diminished as time progressed.

However, there’s another thing that people underestimate.  It’s not something that is readily written in the regulations.  CREDIBILITY!  Especially if the person is someone who has CONSISTENTLY worked for years and years and is still trying.

Don’t believe me?  Not trying to say that these persons should apply for disability but keep these thoughts in mind:
1) Michael Jackson, 50 - before he died, you could arguably say that there are few people who could dance with him at his age.
2) Chuck Norris, 70 - he still does work out videos, he still teaches, and his still considered one of the baddest martial artists of all times.
3) Tina Turner, 70 - she got finished with a tour, a TOUR in Europe and for those who have never seen  her, she dances NON stop!
4) Betty White, 80 - she’s still doing movies and do I need to remind you that her commercial was the number 1 Super Bowl commercial and there was a FACEBOOK drive to get her on Saturday Night Live??

You know why these people STAND out?  It’s because there is something inherently credible about someone who continues to work  despite their age and the underlying health problems that come along with it.  You respect those people because they don’t make any excuses.  They HIT IT!!

Now, don’t get salty and think that if you’re young and you’re not working that I’m calling you out.  I’m doing that at all.  I just need you to understand how powerful a statement that it sends when an elderly person has had a long and continuous work history.  This information demonstrates to the Social Security Administration that a person was dedicated and committed to sustaining their livelihood.  In addition, in the end, most of these people would RATHER be working than receiving benefits.   Am I saying that this  is going to guarantee their receiving benefits?? NO.  Am I saying that it helps? DAMN RIGHT!

Remember, the very essence of Social Security requires individuals to work and pay into the system.  The system can’t work unless you work.  When an elderly person applies, it says alot about their credibility.  SSA may give a little more deference to what they have to say when they complain of aches and pains because if their record shows they are a WARRIOR, they know that WARRIORS don’t whine!

The Social Security process is long but it does value those who truly are dedicated to contributing to its long term progress.  Don’t sleep on the Power of the Elderly.

I don’t think some people truly appreciate how certain services can be fundamentally SHUT down when hit with a natural disaster.   Of course, we know that power, lights, water, police services, bus services, blah, blah, blah, will shut down.   But you don’t really appreciate how devastating a situation can be until you see spill outside of those communities into your own.

When Katrina occurred, there were ALOT of Louisianans who migrated to Florida.  I had the opportunity to represent a few of those individuals.   Now, I know you’ve heard me scream a THOUSAND times about how YOU bare the responsibility of proving that you are disabled.  I have stressed that you need to get your medical records and YOU have to demonstrate that you are disabled through medical evidence.

Well, how would you feel if you couldn’t prove it because ALL of your medical records were destroyed?   I am mean, that’s what I was faced with when I was representing some of the survivors.   I ran into all kinds of problems.  I had some places where the buildings were destroyed.  Some places, they would not release ANYTHING until they could a detail inventory.    It was crazy.  I mean if you have a condition like the young lady named Prudence who won an Oscar yesterday (Prudence Mabhena is 21 yr old and she is from Zimbabwe. She is suffering from arthrogryposis, a condition that deforms joints and cost her both her legs. ), your condition may be self evident.  But imagine trying to prove you’re disabled due a bad back and you don’t have your MRIs or diabetes and all of your lab work is gone.

But wait.  What if you couldn’t prove who you are??  I had a few people who had their drivers license and SS card but sometimes, SSA requires your birth certificate.   Well, that building was GONE!!

Now, I gotta take the time to give a shout out to the Social Security Administration.  Their offices were obliterated and their workers were literally providing services in other states.  I mean, they were working at other offices and STILL processing claims.   It was crazy.

Part of the reason I’m reflecting on this situation is because we have literally seen 3 major disasters occur in the last few weeks.  It is so easy to underestimate how much pressure it puts on a country to have to rush and provide stability to an environment when these things happen.   Sometimes, the effects can have a much longer consequence than we give credit.

Be thankful.

Everybody knows that the Social Security disability process is long.  Unfortunate, but it is true.   Almost once a month, I will get someone who will say to me that they plan on “calling the media”, “calling the governor”, “starting a twitter campagin”, ‘Calling their congresswoman / congressman” or some other prominent elected official.   A lot of times when this happens, I get asked the almighty question:  “WILL THAT WORK?”.

Well, I have not had the pleasure or distinction of working for the Social Security Administration.  However, I’ve had the chance to talk to a few of the personnel at different locations.  Of course, these  are just my opinion based on my experiences:

ADVANTAGE
1) May elevate the level of imporance
Public officials are fully aware of their requirement to serve their constituents.  In some situations, cases that have been designated as a “Congressional inquiry” or some other type of inquiry may have an added amount importance attached to it.

2) Added advocate
It’s great that you have a representative (i.e. attorney or non attorney) but every little bit helps.  The joy of involving your elected official is that it demonstrates that you have someone else speaking on your behalf.

3) May highlight the significance of your situation
If you’re in a dire need situation, the fact that you have an elected official speaking on your behalf may help to bring to light your situation.

4) Some have resources dedicated so this helps
Depending on who you contact, some elected officials who have individuals or sections specifically dedicated to working on cases like this for their constituents.  They can, also, point you to useful resources.

5) If your case is good, this may help your case.
If you have a strong case with alot of supportive medical evidence, SSA is usually swamped with alot of information so they could have easily overlooked your case.  This situation may help to bring your case to light.

DISADVANTAGE
1) SSA is the feds NOT the state
Now, there is nothing wrong with contacting your councilwoman or your mayor or governor.  Let’s be real here there.   Would you really call your mayor if you had a problem with the IRS?   Just like, would you go to Congresswoman if you had a problem with your state tax collector?  The answer is NO!  Not trying to be stank but the FEDS are probably only going to respond to the FEDS.

2) You can’t threaten an agency
I can’t tell you how many times I’ve told people that you can NOT threaten an agency!   Well, you CAN but it does no good.  You’re talking about an agency that processes thousands of cases every day involving people who are hurt, sick, and can’t work.   They are REALLY not moved because you yell, or your cousin is somebody, or you know somebody who works for the government.  Let’s keep it i real.

3) The Media knows its bad already
Go ahead and run down to Channel whatever and tell the reporters how bad and how slow Social Security is.  NEWS FLASH!! They know already.  Not trying to be nasty but the problem with the delay is one that has been in existence for a while so they probably are not going moved to do a late action news report on the Social Security process.

4) They are already swamped so why make a bad situation worse
I always tell people that you have to go through the process.  It’s frustrating but it is what it is.  However, you may be making your situation is decide to dedicate yourself to raising as much HELL as possible.   I’m not saying that it will delay your case but think about how you would feel if someone was on YOUR back for merely doing your job.   You can do the math.

5) If your CASE is bad, you may make your situation worse.
And OOOOOOOO, looky heya!!  Everybody thinks their case is the BOMB!!  Recognize this fact.  You need to check yourself.  If you haven’t been to a doctor in years or you have information in your file that would significantly HURT your case, do I even need to mention that you will effectively get ‘The HOOCHIE LIPS” (and if you don’t what those lips look like, think about the look you have when you think someone is trying to make their situation worse than it is) from SSA if you try to make noise with a bad case?

I am a firm believer that everyone should avail themselves the use of their elected public official.  These individuals are there to serve you.   In some cases, it helps.  Just remember that your public servant is there to serve and not be used as a sword.

Usually, at some point of the social security process, the government is going to ask you to attend a consultative evaluation.  These evaluations are usually with a physical or a mental doctor who will evaluate your situation and prepare a report which will be used as evidence in your disability case.

It’s amazing the amount of times that I’ve had to give this speech but I think it’s time that I share some things to any of you who find yourself being scheduled for a consultative evaluation:

1) If you don’t go, they use the fact that you didn’t go to deny you AND that information goes in your file.
Most people don’t realize that COMPLIANCE with going to appointment that SSA sets up for you and PAYS FOR is considered when evaluating your case.   So don’t think that just because you decide to NOT show up that it won’t affect your case.  Trust me.  It will.

2) Don’t go thinking they are going to TREAT you like you are their patient.
Read my lips, “THEY ARE NOT YOUR DOCTOR!”.   So many times, people think that these doctors are there to treat them like their own doctors.  Don’t get me wrong.  In some cases, you may establish a relationship with the doctor that might evolve into a doctor - patient relationship.  Just remember, you are there to see them ONE time so don’t expect too much.

3) They are only focusing on what YOU said was wrong so don’t go in there ADDING a bunch of stuff you never said before.
Remember all of those posts that I wrote about being consistent on your forms?  Well, be CONSISTENT in what you say to the doctors as well.  These evaluations are not your time to start giving a laundry list of things that you have NEVER brought up before.

4) Get ready because the appointment will probably be short.
It’s amazing because people get really upset when they find themselves IN and OUT of an evaluation in 15 minutes.  I always tell me to not expect too much when you go to these appointments.

5) You may only get one shot so BE on time, BE honest, and DON’T BE a jerk
Let me tell you RIGHT now, if you go in there and act a FOOL, they will tell you to leave and it WILL go in your file.  If you lie, it WILL go in your file.  If you’re rude, it WILL go in your file.   So just remember that this is part of the process and roll with it.

6) Don’t be slick because if they SEE IT they will write it.
I once had a client who alleged that he had a back problem that required a cane and the moment he walked out of the appointment, he put the cane under his arm and walked to the car.   Now, what do YOU think happened when the medical personnel from the doctor’s office saw him walking?

7) You don’t know what they are going to write so don’t think what they will tell you will be in the report.
On so many occasions, I have to remind people that they can’t rely SOLELY on what the doctor says.  Just because they tell you that they think you should get disability, doesn’t mean that they will write it in the file.

Whatever happens there will be a part of the record.
If you are nasty, if you change your story, if they think you’re faking, if you showed up late, you NAME it, they will put it in the report.

I know it’s hard but I have to constantly remind people that YOU have the burden to approve your case.  Don’t think that SSA is trying to help you with anything.    It’s on YOU!

“Hannah Storm in a horrifying, horrifying outfit today,” Kornheiser said. “She’s got on red go-go boots and a catholic school plaid skirt … way too short for somebody in her 40s or maybe early 50s by now.

“She’s got on her typically very, very tight shirt. She looks like she has sausage casing wrapping around her upper body … I know she’s very good, and I’m not supposed to be critical of ESPN people, so I won’t … but Hannah Storm … come on now! Stop! What are you doing?”

Now, the fact that he made these statements are bad enough.  I don’t think anybody would question that point.  However, it’s further magnified by the fact that he made the comments on his radio show.

Do we feel sorry for him?  OOOOO, no!  2 weeks off the air is just a drop in the bucket.  He’s already apologized and he will be back on prime time before march madness is officially over.     The reason I’m bringing this story forward is for the millions of people who ‘like’ Tony think they can say something and nobody is paying attention.

Unfortunately, most people don’t realize that every one on the internet has the potential to reach MILLIONS of people in an instant.   And for those of you who are working, you need to realize one fundamental fact.   If you use the internet as your sounding board, at least ONE of those millions of people may know your BOSS!!!!

Let’s be real.  We LOVE our technology.  We’re intoxicated by twitter.   Fascinated by Facebook.  Mesmerized by Myspace.  Blown away by our Blogs.  And yelling ‘hip hip, hoo ray’ for YOU TUBE!  And you better believe that we use every tool that we can think of when can.

Unfortunately, in our ‘haste’ to fully maximize all of these tools, we let two little words called ‘common sense’ seep out of our ears.   What made you think that  posting an update on your facebook page that says “my boss is an idiot’ wouldn’t get back to her?   Who told you that a ‘tweet’ that says “my boss is stupid” wouldn’t get back to him?

And I got news for you.  It’s almost like getting caught in bed with someone who is NOT your significant other.   You can do the Texas Two step as much as you want but when the music stops, yo ass is GONE!! You can’t argue a post that YOU wrote.   You can’t argue what you put in YOUR facebook page.  There is no getting around it.  And, as one of my tech friends once told me, once it’s on the web, it’s A WRAP!  You can’t get it off.  You can’t modify it.   You may be able to TRY and delete it but if the wrong person saw it and copied it, I got two words for you:
“TOO LATE”
“PINK SLIP”
“YOU’RE FIRED”

Hell, take your pick!!

And OH, don’t think because you wrote a posting AFTER hours at home that you’re safe.   As more and more companies move to regular use of technology, you NEVER know who may watching.  Now, I’m not saying that you should censor your speech.  However, you need to understand two points.  ONE, if you say something disparaging about your employer, be prepared to accept the consequences.  TWO, you don’t TRULY know who has your back in an employment situation so don’t let yourself fall into a false sense of security.  In the right situation, people WILL DIME YOU OUT!!

Listen, we aren’t all of the same calibur as Hannah Storm or Tony Kornheiser or Shawn Johnson or Apollo Ohno.  Millions of people are not resting on our every word.  But be careful.   There are a FEW people who are very interested in what you have to say and you don’t want WHAT you say to effect WHERE you work.

2) Something traumatic
Thursday, Joseph Andrew Stack flew a small airplane intentionally into an IRS building. The IRS had 199 people who worked there. Joe Stack set his house on fire, left what is being considered a suicide note, and then flew his Piper Cherokee PA-28 into the Austin, Texas IRS building.

The brain is always going to be considered a mysterious organ.   Of all parts of the body, this part is the one that continues to baffle the medical community.  So it should come to know surprise that it can be difficult to ascertain the severity of a mental health conditions.

The mental health community relies heavily on a variety of different diagnostic testing, personal history, and mental status examinations to try to get a picture of how severe the mental health condition may be.  It’s tough but the information these providers obtain is valuable and necessary if you are attempting to obtain medical benefits.

Regularly, I get asked by my clients what types of things does Social Security look for when trying to determine the severity of the medical condition.   Here’s a few things you should consider:

1) The type of doctor tells alot.
I hate to tell you but SSA tends to give a bit more deference to a Psychiatrist or a Psychologist who is treating your mental health condition.  There is nothing wrong with your family doctor but a specialist (Psychiatrist or a psychologist) tends to get greater favor.   Now, before you ask, there is nothing wrong with going to a Mental Health counselor.  However, it is helpful if the counselor is working with you in conjunction with a psychiatrist as part of a mental health plan.

2) The type of medicine you take says alot
Some medications give a clear indication of the significance of your mental health condition.  There’s nothing wrong with Paxil or Zoloft.  However, Risperdal and Geodon gives an indication of a much more serious mental health condition.

3) The BIG 4 things you need to know (Concentration, Memory, Crowds, Stress)
These are normal questions that are asked that you should give some thought to HOW you are going to respond.  How is your concentration?  Do you forget things?  If you do, what do you do if you need to remember things?  How are you around crowds?  How many people is TOO many people?

4) Other THINGS MATTER
You have to remember that how you function in your day to day life matters.  If you say that you can’t be around more than one person att a time but you go to church every other day (where you would expect to be MORE than one person), your response may be viewed as suspect.

5) Involuntary Admission
In Florida, the term “BAKER ACT” refers to an Act that permits for the involuntary admission of an individual into immediate psychiatric care for a short period of time.  Every state calls it by a different name but this usually refers to a situation where a person expresses an intent to harm him or herself or someone else.   These admissions may indicate the presence of something more severe.

6) STAY AWAY from the DRUGS (ILLEGAL DRUGS)
Let me blunt.  Mental Health and Illegal drugs don’t mix.  And when you’re applying for disability, you force SSA to try and figure out WHAT came first (the drugs or your mental health condition) and more important, do you get better if you’re NOT using drugs.

Like I said in the beginning, mental health disorders are tough and millions of people affected by these disorders are able to live productive and functioning lives.  However, it’s important to realize that if you’re alleging that you are disabled due to your condition, you must understand that the few things I mentioned above may have a lasting impact on your ability to obtain disability benefits.

Overall, the report found least healthy counties have childhood poverty rates more than three times higher than the healthiest counties. Residents of the least healthy counties are 60 percent more likely to be hospitalized for preventable conditions, a sign of poor primary care. A third of zip codes in the least healthy counties have at least one grocery store, compared to almost half of zip codes in the healthiest counties.

http://www.countyhealthrankings.org/

Of course, this information is probably not going to be broadcast on twitter, facebook or myspace.   And with the winter olympics and the BACHELOR going on, few will truly appreciate the impact of this report.

What does this report tell you?  Quite simply, as stated in one article, “Looking at each state’s best and worst further illuminates a well-known trend: The least healthy counties tend to be poor and rural, and the healthiest ones tend to be urban or suburban and upper-income. ” http://www.chicagotribune.com/health/chi-ap-us-med-countyhealth,0,2482605.story

Unfortunately, this doesn’t help the millions of people who are applying for Social Security Disability benefits.  Why am I stressing this point?  Quite simply this.   The person bears the burden of proving they are disabled.  The government doesn’t have to prove a thing.   However, this presents a unique situation when you are sick, you aren’t working and you ‘DON’T HAVE INSURANCE’.   So what do you do when you have those things striking against you?  Well, you can either go to the free clinic, go to the Emergency Room, or get on the county health insurance.

Here’s how it gets tricky but you gotta try:
1) Ask about free clinics
You gotta ask your health care provider, the ER, social worker, county services, or non profits about free medical clinics.  I always tell people that free medical treatment is better than NO medical treatment.

2) Find out if you qualify for county health insurance
Every county is different so you want to check to see if you qualify for any type of medical insurance that the county may offer.   You don’t know unless you try.  AND, if it’s available in your county but you haven’t tried to get it, it may count against you.

3) if you have a “SHARE OF COST”, make sure you understand what it means
A ‘SHARE OF COST’ basically  means that you are responsible for a certain amount and anything above that, the government will pay.  However, it gets funky because some people don’t understand how that works so you want to make sure you get a complete explanation so you can get treatment.

4) Go to the ER if your condition gets worse.
The Emergency Rooms are flooded every  day.  Unfortunately for some people, the only primary treatment they can get IS the ER.  Don’t be afraid to go to the ER.  At least you can get something if you HAVE to get treated.

5) Make SURE you tell SSA that you’ve done ALL of these things
I can’t tell you how many times I’ve had people who literally didn’t do anything.  They didn’t go to the county.  They didn’t go to the ER.  They didn’t go to the free health clinic.  AND YET THEY STILL say they can’t get any medical treatment.  You gotta try in order to show SSA you made the effort.

I know that is difficult but you have to make the best of what you have available because in the long run, only YOU can prove that you are disabled.

However, upon hearing of her death, I instantly thought about Roger Ebert, noted movie critic, and his widely publicized bought with Thyroid Cancer.  He was successful in his fight but it left him with the inability to speak.

The thing that really resonated to me was the distinctive difference between the two types of cancer.   In Ms. Griffin’s case, she had no knowledge of the cancer and it overwhelmed her quickly.  In Mr. Ebert’s case, a radical procedure saved his life yet the possibility of it returning still remains.

I’ve represented a number of people who have had different types of cancers over the years and I have found that each one presents a unique set of circumstances as they relate to Social Security Disability benefits:

1) Suspected Cancer versus Cancer
The word “Cancer” is a terrifying word.   Like HIV and AIDS, there is no known cure for cancer.  As such, you can use chemo, surgery and radiation but you may not totally keep it from reoccurring.   For purposes of Social Security, it’s important to know the difference between being diagnosed with Cancer and being ’suspected’ of having cancer.   Usually ’suspected’ comes into play when the doctor has a reason to believe that some type of nodule or growth or something that has alerted them to the possibility of cancer.   However, for Social Security purposes, this doesn’t not guarantee the receipt of disability benefits.

2) No two cancers are the same
Under the Social Security regulations, individuals may be found disabled if they meet the criteria for certain medical impairments that are listed in the regulations (The listings).  Most people don’t realize that Social Security maintains several listings of different types of cancers.    As such, just merely being diagnosed with cancer by itself doesn’t guarantee an immediate favorable result.

3) Remission  sometimes means Recovered
Cancer is a devastating condition.  The treatment that people have to go through in order to combat cancer can be painful and traumatic.  However, most people don’t realize that it is not uncommon for people who have gone through the treatment to go back to their normal lives.  As such, Social Security can be tough on some cases where the person has completed the treatment and their doctor has given them a clean bill of health.

4) Remission and BEYOND:  How are you doing now?
Most people have to follow an aggressive follow up routine to make sure that the cancer doesn’t come back.  Some people come out of the treatment with no problems or any residual problems.  The key is ‘how are you doing now’?    Most people don’t understand that Social Security wants to know if you are still having problems and MORE IMPORTANTLY, does your doctor know that you are still having problems?

5) Cancer and the TERI case
TERI stands for Terminally Ill.  These cases are usually expedited because the person has a high likelihood of dying in a short period of time.  I had the opportunity to represent my client’s mother when her cancer returned.   Due to the aggressive nature of the cancer, she received disability benefits in less than a month.  Unfortunately (god rest her soul), she passed a few months later.

I’ve had a few cases where I’ve literally watched someone deteriorate before my very eyes and so I take Cancer very seriously when clients complain that they believe they are disabled due to cancer.  The word, by itself, doesn’t guarantee a result.  Keep in mind that even though cancer is devastating, you must realize that you may need to provide SSA more in order to demonstrate that cancer is disabling to you.

However, I can’t tell you how many times people get these forms and LITERALLY lose their minds.  Now, I’m not trying to be ’stank’ but these forms tends to frustrate people when they receive them.

In an attempt to calm your mind, here’s a few things to think about when you get these forms:

1) If you ADD stuff that you didn’t  you didn’t previously mention, SSA will have to investigate
People always feel the need to “throw in the kitchen sink” when it comes to their conditions.    I’m a firm believer that SSA needs to be aware of all conditions that affect your ability to work.  However, you have to be smart.  NOT every condition is going to affect your ability to work.  So be mindful, focus your attention on those conditions that affect your ability to work.  Remember, if you add it later, SSA is going to have to investigate it (Which means more time).

2) Keep copies so you can remember what you put before.
COPIES! COPIES! COPIES!!  SSA will send you duplicate forms all the times.  So unless you have a great memory, you’re probably not going to remember what you put on a form 3, 4, 5 or 6 months ago.  Keep a copy so that you have something to refer to when the time comes.

3) It’s not that crucial.  The question says what it says.  DON’T READ INTO IT!!
If the question is asking “Can you cook your own meals”, that’s what the question SAYS!!  These questions are not MISSION IMPOSSIBLE or 24.    Stop spending so much time ANALYZING the question and thinking that you are going to ‘Out Smart’ SSA.  Just answer what is being asked and move on.

4) If you don’t fill out the forms, you are just adding time to process.
So many times, I have people who refuse to fill out forms.  These people either get mad because they are tired of filling out the forms or they think SSA has what they need.   I got news for you.   If you don’t fill out the forms, you’re either adding time to your process or risk getting a quick denial.

5) Say EXACTLY what it wants.  NO MORE! NO LESS!!
This statement goes back to my “stop analyzing’ statement.   IN addition, don’t use these forms as a chance to make your situation look worse than it is.   If your back hurts 2 to 3 hours a day, don’t say that your back hurts 8 to 10 hours a day.   Say what it actually is.

6) Stop whining about the fact that you filled out the same thing already.  THAT’s THE IDEA!!!!
People, SSA is LOOKING for consistency in your statements.  They are looking to see whether your statements regarding  your condition (as you report it) is consistent.   I know that it is easy to get frustrated when you keep filling out the same things over and over again.  However, this paper work trail is designed to assist SSA in determining if your condition is the way you say it is.

7) Don’t stress about what you put down.  You already sent it out so let it ride.
When you send the forms out, don’t lose your mind.  You’ve written down everything so trust what you’ve written.  Don’t stress on it.  Just send it.

I know this post may seem a little harsh. Unfortunately,  it is a necessary process and the system is not designed to BEAT you so don’t act like it is.   Remember, you bear the burden of proving you are disabled.  They won’t know unless you tell them accurately.

1) You are ineligible for Social Security Disability because you don’t have enough quarters of coverage.
2) You have provided insufficient evidence to demonstrate you became disabled before this date ____________.

If you get either of these two types of responses in a letter from Social Security, this usually means that you have a “Date Last Insured” issue or what is referred to as a DLI.

For those of you who have seen this phrase but don’t know what it means, I’m going to give you the technical definition and then the REEVES explanation.

Technical Definition:
DLI is the last day in the last quarter when disability insured status is met.  As of the DLI the individual must be fully insured or deemed fully insured, and must meet the appropriate disability insured test.  A per has DIB insured status if he or she:

1. Has at least 20 QC’s during a 40 quarter period ending with the quarter the waiting period begins; and
2. Is fully insured in that quarter.

Onset development can be curtailed if:

1. The DIB claimant clearly does not meet disability insured status as of the AOD or later; or
2. The DIB claimant does not meet disability insured status based on information on the earnings record and any lag wages;

Social Security Administration Programs Operation Manual System

REEVES explanation:

Ok, i’m sure alot of you are reading the technical portion and are having a ‘Scooby Doo’ moment!! ARROOO???  Let me make it a little easier.  When you work, you pay into Social Security.  This payment is more than just retirement.  This payment insures that you have disability coverage in the  event you can’t work due to your disability.   Now, in order to be fully covered, you have to worked for a certain dollar amount.   Once you have achieved this dollar amount, you are covered for a period of time (Even if you stop working).   So it’s like this, let’s say that you worked for 5 years and stopped in December 31, 2003, according to SSA (and this is a ROUGH approximation), your COVERAGE would extend to December 31, 2008.   Now, here’s where it gets tricky.  Using the example I just provided, here’s a few questions that pop up:

a) I became disabled on January 1, 2009.  What does that mean and what should I do??
This situation is the one that comes up ALOT.  You get the letter that  says that they don’t have any evidence to demonstrate that you are disabled before DLI (In this example, 12/31/2008).   As such, you have three options.  The first is to amend your onset date to before 12/31/2008 and try and obtain evidence BEFORE 12/31/2008.    The second is to drop your claim for DIB.  The third is to try and convince SSA to relate back.

b) I became disabled on December 1, 2008 but my first medical evidence isn’t until Feb. 1, 2009.  What do I do??
This situation is the typical “relating” back situation.   This situation is tough because you are literally asking the SSA to ASSUME that your condition is bad as it was at the time you started getting medical treatment.  Unfortunately, this answer is not simple.  Sometimes, a doctor can complete a statement indicating that you were disabled in the past and give statements to support that opinion.  If your condition is one that could reasonably be expected to have been disabling in the past (i.e. IQ), a judge may be able to make that assumption.  Sometimes, a medical expert may be called in by SSA to review your records to determine if they can go back.

c) I became disabled on December 30, 2008.  Am I covered?
Of course, if you are able to demonstrate that your condition became disabling BEFORE 12/30/2008, then you should be covered by the Social Security Administration.

d) If I am disabled on December 30, 2008, will be disability END on December 31, 2008?
So for those of you who are freaking out and thinking that you will only get a DAY of benefits, this is not true.  By demonstrating that you were disabled before the ending of your insurance status, you will not be eligible for disability benefits going forward (Unless SSA determines an end date for a closed period but that’s another post)

e) What if I get disability, get better and get off of disability but then I need to go back on it again.  Am I stuck?
Most people don’t realize that your disability insurance status literally FREEZES.  As such, this status takes into account the possibility that the person may get better.   It’s important that if you are receiving benefits and you get better, ask SSA when your new DLI would be if you stop receiving disability benefits.

Ok, now I have spent alot of time talking about what happens if you have issues with the DLI.   Now, what happens if you DON’T have a DLI.  This situation usually comes up when you didn’t even know that you hadn’t the requirements.  This situation gets goofy because it usually falls under two scenarios:

1) You didn’t have enough quarters
Unfortunately, this situation is pretty much  a lock because you either Have them or you don’t.

2) Some of your earnings were not reported.
This situation provides a little more wiggle room.  Sometimes, you may be aware that you have coverage but some body didn’t report the information or didn’t report your earnings.  If this situation arises, you need to notify SSA to possibly correct this information.

I know this post was kind of long but I can’t tell you how many people have found themselves frustrated because they didn’t know that their disability status was affected by their earnings.  I hope this clears up a few things.