Originally Posted by soccertese

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.