Multiple Sclerosis but Date Last Insured too late?
Recently on our disability forum a user asked, I have severe multiple sclerosis (MS), but the Social Security Administration denied my Social Security Disability Insurance claim (SSDI). They told me my Date Last Insured (DLI) ended prior to my disability Onset Date. What does this mean and can I ever get SSDI benefits?
Multiple Sclerosis (MS) what is it?
Multiple sclerosis (or MS) is a chronic and debilitating disease in which the bodys central nervous system is attacked. Minor to severe symptoms can occur including paralysis, numbness, or loss of vision. This condition affects the myelin or the fatty substance that surrounds and protects the nerve fibers in the central nervous system, disrupting the nerve impulses which travel to and from the brain and spinal cord.
Unfortunate, this condition is also progressive, which means different claimants may experience not only different symptoms, but the severity of these symptoms may vary or get worse as they develop, making multiple sclerosis difficult to diagnose and treat.
What is my Date Last Insured for multiple sclerosis?
According to the SSA in the Program Operations Manual System (POMS) RS 00301.148, the Date Last Insured is the last day in the last quarter when the disability claimant is considered insured. To qualify for Social Security Disability Insurance or SSDI benefits the claimant must be fully insured and their Onset Date for their disability must be prior to their Date Last Insured.
The SSA will determine the claimants Onset Date based on the claimants medical evidence and verify whether the claimants Onset Date is prior to their Date Last Insured (DLI) generally by reviewing their earnings record.
For example, lets assume you are a normal worker over the age of 30. To be insured for SSDI benefits you must have worked 20 of the last 40 quarters, or more generally, five of the past ten years. You must also have been paying employment taxes into to the Social Security system through FICA taxes. If you have not worked enough or failed to pay taxes, you will not be insured for SSDI benefits.
Your Date Last Insured is calculated from the date you stopped working and generally lasts for about five years. If you have been diagnosed with multiple sclerosis and you decide you cannot work and you stop working today, your DLI will be approximately 5 years from todays date. If you stopped working three years ago, it is approximately two years from now.
Note: If you do not know when your DLI is you need to contact the SSA.Severe MS and not insured for SSDI benefits
Unfortunately, many claimants do not realize that there is DLI or a date sometime in the future when they no longer will be insured for SSDI benefits. Claimants often believe that SSDI is like SSA retirement benefits and once the credits are earned then the benefits remain.
SSDI, however, is like an insurance policy. When you stop paying premiums, at some point in the future you are no longer covered.
Onset Date for Multiple Sclerosis is after your Date Last Insured?
If you DLI is prior to your onset date, you have two options. First, you can try to obtain additional medical evidence that your onset date was prior to your DLI. Your second option, assuming you knew when your DLI was and you filed your SSDI application prior to this date, you can prove you received a protective filing date prior to your DLI.
Recent Article:Heart failure why would the SSA say I could do other work?