Why Your “Date Last Insured” is Crucial in Social Security Disability Benefits

In the world of Social Security, your date last insured plays a major factor in whether you qualify for the benefits program. Date last insured (DLI) refers to the last date you are eligible to receive Social Security disability insurance (SSDI). In order to receive SSDI, you must pass the “recent work test.” This means that you need to have worked the past 5 out of 10 years. More specifically, you must have worked 20 of the last 40 quarters.

How much you can get is based on work history:

A quarter of Coverage (QC) is the basic unit for determining whether a worker is insured under the Social Security program. QC if often used interchangeably with “Social Security credit” or even just “credit.” Each year you are able to earn up to 4 quarters of coverage. The earnings required for a quarter of coverage are different each year. In 2014 the earnings will be $1,200.

Qualifying for Social Security disability benefits:

When you apply for Social Security disability benefits you must meet technical and medical requirements to qualify for the program. To medically qualify for the program, the Social Security Administration (SSA) will determine if you have a physical or mental impairment that meets their definition of a disability. However, before you even get to the point in your application where SSA determines your medical eligibility, they will first check to see if you “technically” qualify for the program. To be eligible (or to technically qualify), you must have paid Social Security taxes AND you must have earned a certain amount of money in the past 10 years.

Why DLI is so important:

An individual’s date last insured is an important consideration from both the medical and the technical standpoint of your case. Technically, you must have enough quarters of coverage to even have a DLI date. Medically, you must show you became disabled prior to your date last insured. If you apply for SSDI benefits after your DLI date has expired, you must prove that you became disabled prior to the expiration of your DLI date. Your “proof” usually comes in the form of medical treatment.

An individual’s date last insured is similar to car insurance. You are covered under the program up until a certain date, then after that date, you are no longer eligible. If you feel you are disabled and unable to work, do not hesitate in filing your application. Many times I have seen clients wait to file for benefits after their DLI date has expired. Their rationale is that even though they stopped working, they held out hope they would someday be able to return to work full time. Sometimes that day never comes, and the client finds themselves stuck without a solution. Don’t let too much time elapse, so you no longer qualify for the program.

Don’t let this situation happen to you. If you think you are disabled, call a trusted Social Security disability attorney who can help you apply for benefits before your insurance runs out.

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Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.