Quote:
Originally Posted by Janke
Your biggest problem is your date last insured for SSDI. Since it is 12/31/12, that means that between 1/1/03 and 12/31/12, you only have 20 credits out of a possible 40 which means you have years of no work or years of work with no profit. So the first question is how did you work for 20 years in your own business and not have significant profit in at more than 5 years of the last 10? Did you not filing tax returns when you should have? Did your condition reduce your hours? I am also curious about why you waited two years before filing your claim?
Getting a thorough examination in 2014 will not help prove that you were disabled enough by 12/31/12. It is the medical evidence from 2012 or earlier (which you say is minimal) that is important. If your attorney is not addressing this issue (whether now or at the hearing level), then you have no chance of qualifying for SSDI and the only disability program is available would be SSI, the low income program. SSI would use current medical evidence but you don't mention filing an SSI claim or what your current income is.
In my opinion, your attorney's office should be discussing your medical evidence from 2012 and earlier and asking the questions about why your date last insured (12/31/12) is in the past.
If SSA decides that you are disabled but not before 12/31/12, it is like having a car accident after your insurance lapsed - nothing will be paid from SSDI. This should all be addressed NOW and if your attorney won't do it, you need another.
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you hit the nail on the head and this is an issue i have been trying to discuss with the attorney. i filed my 2008-2011 IRS returns in early 2013, actually got a small refund. unfortunately, the IRS was way behind in reporting my numbers to SS, didn't realize this and didn't notice until october 2013. at that point, brought IRS transcripts of my returns to the local SS office and asked them to record them. a week later i got my returns back in the mail from SS and on them was a handwritten note saying "you are disability insured with your alleged onset onset as 10/011/2011".
This was very puzzling and am waiting to talk to paralegal to find out if that's the date on my application. Anyway, SS rejected my 2008-2010 IRS returns as being filed too late. I had enough income in 2001 thru 2009 in each year to get credits but obviously not enough in last 5 years. So may be even more hopeless.
No excuse for not filing except had very complicated schedule-D's, i'll blame it on my parkinson's. I didn't file for SSDI in 2012 out of ignorance. I brought up the late tax filings at the first meeting with the attorneys, actually gave them copies of my returns thinking they wouldn't take the case without evidence that i had filed them. paralegal didn't say this would be a problem.
I called the the SS office that handled my SSDI application and discussed if there was anyway to get the 2008-2010 wages accepted by SS, they actually connected me to the examiner that handled my SSDI app and she said no but did give me a $$ amount that I was eligible for if I can prove that 10/01/2011 disable date. She asked me about the 2008-2010 wages but then kept correcting herself, saying they can't accept them.
Thanks for your reply, I need all the help I can get, thought hiring a lawyer on contingency would make things clear cut.