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1-866-900-7078
Contact the Law Offices of James Scott Farrin 1-866-900-7078

I’ve worked all my life. Why aren’t I eligible for Social Security Disability Benefits?

Not everyone is eligible for Social Security Disability Insurance (SSDI) benefits. Only those who have worked and paid FICA taxes within five of the past 10 years and meet the government’s disability requirements.

Here is a simplified explanation of what you need to know if you’re thinking of applying for Social Security Disability benefits.

SSDI is Insurance for Disabled Workers

Social Security Disability Insurance is just what its name implies. Insurance.

When you work, a portion of each paycheck goes into a federal insurance fund (FICA, which stands for Federal Insurance Contributions Act). This is a fund for SSDI. Just like medical insurance or car insurance, you hope you never have to use your SSDI. But if you’ve paid into it (which you are required to if you receive a paycheck) you will be covered for benefits if you become disabled and the Social Security Administration determines that you are unable to work.

Spotty Work History?

What if you were working but you stopped temporarily to raise your children through elementary school? Or what if you were laid off and subsequently unable to find a suitable job for several years? What if you’ve been out of work due to a work injury?

Whether you may get SSDI depends largely on the date you last worked.

The government considers this very important date as the last date you would potentially be eligible for SSDI. To determine whether you may be eligible you must pass a "recent work" test. There is only one question on this test, so you either pass or fail.

Have you worked five of the past 10 years (or in government jargon, 20 of the last 40 quarters?

If you become disabled after your date last insured (DLI) has passed, you cannot get SSDI benefits. It would be similar to getting in a car accident after you stopped paying for car insurance.

Here is an example of DLI. If you worked up until five years ago today, your DLI would be today’s date. If you worked up until two years ago, your DLI would be three years from now. If you haven't worked for six years, your DLI passed one year ago and you are no longer eligible for SSDI unless you are found disabled before your DLI.

Show Me the Money

Occasionally we have seen instances in which someone assumed they were not eligible for SSDI. Yet upon closer inspection and reviewing their work and payment history, we discovered that a client’s employer failed to pay the employer and employee taxes and sought to correct the error. (Of course, payment is subject to IRS provisions on the ability to amend tax returns or file late.) While this doesn’t happen often, it serves as a reminder of how we have been able to help people uncover benefits they did not know were available to them*.

What if You Do Not Qualify for SSDI?

If you do not qualify for SSDI, you may be eligible for Supplemental Security Income or SSI benefits, provided you meet the extremely low income and asset requirements threshold.

SSI is for people who have never worked or haven't worked enough to qualify for SSDI. You can only get SSI if your income and assets are extremely low.

For 2017, the federal benefit rate is $735 per month for individuals and $1,103 for couples (and this is subject to reductions). Some states supplement the federal amount. North Carolina is not one of them.

Think You Can’t Afford a Social Security Disability Lawyer?

Think again. Uncle Sam limits the contingency fees for all Social Security Disability lawyers to 25% of back-due benefits or $6,000, whichever is less.

Get a FREE Case Evaluation From N.C. Social Security Disability Lawyers

We know applying for Social Security Disability can be a confusing and lengthy process. (It can take nearly two years in N.C. just to get a judge to hear your case – 23 months in Charlotte, 22 in Greensboro, 20 months in Fayetteville, and 19 in Raleigh.)

We understand from firsthand experience what you are up against.

Nearly every person on our Social Security Disability team has worked inside the Social Security Administration.

We know how the system works, what they look for to accept a claim, the importance of filing the correct forms and meeting strict deadlines, and what medical records to present. And sometimes we know where to look for benefits you may not be aware of.

If you are considering applying for Social Security Disability, contact us as soon as possible or call 1-866-900-7078 for a free case evaluation about your unique situation. We’re available 24/7.

*Each case is unique and must be evaluated on its own merits. Prior results do not guarantee a similar outcome.

Mr. Fleming joined the Law Offices of James Scott Farrin in 2002. He became a shareholder at the Firm in 2008 and currently heads the Social Security Department. He is admitted to practice before the Supreme Court of the United States.

Contact Information

Raleigh Law Office

5848-100 Faringdon Place
Raleigh, NC 27609
Phone: 919-834-1184
Toll Free: 1-866-900-7078

Durham Law Office

280 South Mangum Street, Suite 400
Durham, NC 27701
Phone: 919-688-4991
Fax: 800-716-7881

Fayetteville Law Office

517 Owen Drive
Fayetteville, NC 28304
Phone: 910-488-0611
Toll Free: 1-866-900-7078

Charlotte Law Office

1001 Morehead Square Drive, Suite 350
Charlotte, NC 28203
Phone: 704-599-1078
Toll Free: 1-866-900-7078

New Bern Law Office

1505 South Glenburnie Rd, Unit P
New Bern, NC 28562
Phone: 252-634-9010
Toll Free: 1-866-780-3422

Greenville Law Office

702 G Cromwell Dr.
Greenville, NC 27858
Phone: 252-355-5205
Toll Free: 1-866-780-3227

Greensboro Law Office

300 N. Greene Street, Suite 850
Greensboro, North Carolina 27401
Phone: 336-665-7072
Toll Free: 1-866-900-7078

Goldsboro Law Office

214 South William Street, Suite 3
Goldsboro, NC 27530
Phone: (919)-731-2581
Toll Free: 1-866-900-7078

Henderson Law Office

514 Dabney Drive, Suite 200
Henderson, NC 27536
Phone: 252-492-4600
Toll Free: 1-866-900-7078

Roanoke Rapids Law Office

709 Julian R. Allsbrook Highway
Roanoke Rapids, NC 27870
Phone: 252-537-9670
Toll Free: 1-866-900-7078

Rocky Mount Law Office

3202 Sunset Avenue, Suite B
Rocky Mount, NC 27804
Phone: 252-937-4730
Toll Free: 1-866-900-7078

Sanford Law Office

703-B South Horner Boulevard
Sanford, NC 27330
Phone: 919-775-1564
Toll Free: 1-866-900-7078

Wilson Law Office

2315 Airport Blvd Suite A
Wilson, North Carolina 27896
Phone: 252-246-9090
Toll Free: 1-866-900-7078

Winston-Salem Law Office

301 N. Main Street, Suite 2409-C
Winston-Salem, NC 27101
Toll Free: 1-866-900-7078