Should I File or Wait
 

Disabled since Jan. 2009 with Diabetic PN. Started doing better after Fighting alergic reaction to Fentynl Patches up until May 09 which was causing severe bodily pain. Started doing well until Aug. 2009 in almost fatal truck accident. PN has totally disabled me since. Also still in process of fighting Insurance company over Injury settlement. Now on heavy morphine and gabapentin meds. Can never drive or work again. Past 10 yrs have been stay at home Husband taking care of my wifes Boer goat ranch up to Jan 09. I am only 57 yrs. old. I have a great SS retirement when of age but only have 10 points on the disability part.My question is should or can i file for SS Disability now or wait until after Insurance settlement? Also would I qualify for back disability payments for last 2 yrs.. If i qualified would Ins. settlement interfere with filing or qualifying? I NEED HELP

If you do not have five years of work in which you paid Social Security taxes in the ten years before you became disabled, you will not qualify for Social Security disability now or after the insurance settlement and there would be no back payment and no ongoing payment.

Sounds like you last paid Social Security taxes in 2001 and became disabled in 1/09. Doubtful you have enough Social Security credits in the right time for disability benefits. Not sure what you by 10 points on the disability part.

Best way to know for sure is to file an application alleging an onset as far back as you think is appropriate, 1/09. SSA will review your earnings records with you and will be able to determine the date you last met the earnings requirement. My guess is that you don't qualify but I don't know anything that you haven't told us. I could be way off. File a claim. Everything else is speculation.

If you and your wife are low income, you might qualify for the Supplemental Security Income (SSI) program. But you need to file a claim, prove limited income and resources and prove you are disabled.

Just to add to what Janke said (and her points are critical because if you don't have the recent work hours in, qualifying for SSDI is a moot point).......

But, if you somehow do have the work quarters in......applying for SSDI sooner rather than later is important. You don't want even more time to go by since you last worked, making your work history farther in the past.

A large insurance settlement can affect the amount of SSDI you would get in your monthly check, but then your monthly amount bounces back up when they are done counting your insurance claim. So, you might not get as much from SSDI for awhile (because they won't let your total disability income be more than 80% of your pre disability pay, the approval date for SSDI being sooner if you apply now will help with qualifying for Medicare sooner and also being included in any COLA adjustments that might be given.

I do not believe this is true for SSDI. Maybe so for SSI. :confused:

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For SSI, ANY assets over the limit would disqualify you from receiving benefits.

For SSDI,It's not about having the asset of a large disability payment , it is about disability income......... it is as I said in my previous post......"So, you might not get as much from SSDI for awhile (because they won't let your total disability income be more than 80% of your pre disability pay."

I know that for a FACT. My boys are still getting $384 each less than they should be because SSA can't straighten out their paperwork that I am NOT still receiving WC which lowered our payment amounts.

10 points on SS Disability meaning
 

SS sends me a statement in mail once or twice a yr. It explains what my retirement benefits would be at this point and time if i didn't work anymore and amounts for retiring at 62, 66 or if i wait til 70. I was a commercial carpenter for 25 yrs so i paid alot into SS. It was 1998 or 99 when i last worked.I am not old enough to draw reg SS benefits yet, only 57. Under disability part it says to draw now you have to have a total of 20 pts. to qualify. I have only 10 pts. I dont know how pts. are figured up at all. I guess i will have to go to SS office or call to find out. Thank You anyway

Sorry to hear that ledford.....that's a tough issue for a lot of stay at home parents (to goats, in your case)

basically if you work and earn approximately $1000 you get a point for a maximum of 4 year.

File
 

Go to your SS office and see if you qualify. If you do, file or else you will lose back pay if you wait too long, like my wife did. (**)