Understanding the Date Last Insured and Social Security Disability

0:01 All right, everybody, how you're doing. My name is Attorney Anthony Reeves, and I'm going to give you my legally tip of the day. It's called the date last insured, or what we call the DLI. This is going to be a little complicated, and I'm gonna try to do the very best I can to break it down. If you don't understand, ask questions, send me comments, or send me a message. A lot of you do really good job about doing that, so by all means, don't hesitate in doing so. Here's what the date lasts insured. Most people, when you're thinking about applying for Social Security disability benefits, you don't really have an idea which program you're qualified for. But let's talk about how this actually plays

0:41 out in terms of that term. If you work, everybody knows social Security takes money out of your check every month. Most people think that money goes towards retirement. It does, but it also goes towards disability insurance benefits for you in the event that you are unable to work. Now, mind you, you have to basically make twenty out of the last twenty out of last forty quarters and make a certain dollar amount to earn a quarter of coverage.

1:11 So basically, you have to work five out of the last ten years. And what happens is when you pay into the system, you're building up insurance coverage. Social Security is almost the opposite of regular insurance. Like when you buy insurance, it basically covers you for as long as you're paying it. Once you stop paying, the coverage will end after a period of time.

1:32 Social Security works almost in the same manner, but a little different. You're paying for insurance coverage, but what happens is that you have to build up courage. I means can be built up coverage. That's why when people tell you you don't have enough coverage, you're like, what does that mean? That means you haven't paid up enough in the system on a continual basis for a set period of time to have coverage for purposes of Social Security disability insurance benefit. It's program. But now let's assume, for instance, that you have you've worked five out of the last ten years, You've earned the amount of coverage that you need. What ends up happening is that coverage will last you not only while you're working, but once you stop working. So,

2:15 for instance, let's say that you've earned enough coverage through you know, you worked five of the last ten years, and your coverage starts with you stop working around December of five. Then all of a sudden, you get a notice that tells you that you have insurance coverage that expires December thirty first, twenty ten. Well, what does that mean for you? I know some of you are like, you'll you'll get a decision and it'll say, hey, you know, we think that you might be disabled. The problem is we haven't found any medical evidence before either December of twenty ten. It'll give a month a date in a year. Usually, if you look at it, it's usually a month that is a part of a quarter. That means it's the third month and the third quarter. It'll be something weird like that.

2:59 It's usually based on a quarterly kind of a quarterly basis, and it's usually a month of date in the year. Sometimes people see that and they're like, are they saying that my insurance ran out and that I can't get any disability benefits at all. Let me slow it down a little bit and explain it to you. Let's pause for a second. Let's say, for instance, let's use now you stopped working. Let's use the example that I provided in five and it says your disability insurance benefits ended on December thirty, first, twenty ten. What does that mean to you. Let's say you haven't worked the entire five years. Okay, why didn't you stop working?

3:35 Well, let's say you said you got hurt in like December of five. That's why you stopped working. Well, as long as you apply for disability benefits at any time and you can demonstrate your benefit that your disability began before your insurance coverage expired, which in this example is December thirty, first, twenty ten, be fine. So let's see how this plays out. Let's say that you stopped working in December of five because your mom got sick and you went to take care of her. So you went to go take care of her, You work, you didn't work, you know, five O six, oh seven, oh eight, o nine. And let's say it about you know, October of twenty ten. You decide, you know, after your mom, you know, gets better, you want to go back

4:14 into the workforce. You get in a nasty car accident and you can't work. You're in rehab, you're in therapy, and then finally you realize you need to apply for Social Security disability benefits. But by the time you've gone through all your rehab and everything, it's like June of twenty eleven, so you're freaking out thinking, oh my gosh, Well, the first thing they're going to ask you is when did your disability benefit begin? I mean, when did you become disabled? Excuse me? And when you tell them, well, the day of the accident, which is when October twenty ten, is that before December thirty first of twenty ten. Absolutely, are you fine?

4:49 Yes, long as you can demonstrate that now. It also there's an other thing that you need to be aware of. Like I said, it's a little complicated. It also causes what we call it dis ability freeze, which means if they find that you're disabled going back to October of twenty ten, Basically for most parts, your insurance coverage freezes on that date and moves forward with you as you long as long as you live. And basically what it does is that, let's say they determine that your condition improves, well, you have worked in a number of years, and you're thinking to yourself, but I'm still disabled, or maybe you try to go back to work, and you realize you can't go back to work. Are you still stuck with that December thirty first, twenty ten date? No, because remember,

5:34 once you're found disabled, that date freezes and moves forward perspectively. So now as opposed to twenty ten, you're probably if let's say they determine you're no longer disabled in twenty fourteen, well your disability your date last insured is probably going to be somewhere around twenty fourteen. That's the nice part. Here's where most people get caught. Let's say, using that exact same example I provided you, you stop working. Go five in twenty ten is when your insurance expires. Let's stay out of nowhere. You go back to work and you get hurt. On January first, twenty eleven, you apply for disability benefits and you indicate that you became disabled on January first. Are you able to get disability benefits based on your earnings? No? Why because you're outside of

6:21 your insurance coverage. Your insurance coverage expired December thirty, first, twenty ten. You're in your disability according to your indication what started on January first, twenty eleven. Unfortunately, you're out of gas. Okay, here's the other thing that pops up with regards to that number, because this is where people kind of lose sight on this as well. Let's say you, let's say your date last assured is like twenty fifteen. So you go to the hearing today, you're found disabled, and all of a sudden, you see in there about the disability insurance coverage on December of twenty fifteen. Does that mean that on December twenty fifteen, when your insurance coverage ends, your disability ends.

7:01 No, that's something totally different. What it basically means to tell you is that because you were able to demonstrate that you were disabled within the period was covered by your insurance, which is before just twenty fifteen, December twenty fifteen, you're covered for purposes of that program. And remember, as I stayed it before, you have a disability insurance freeze, So that DLI number at twenty fifteen freezes. So let's say three or four years from now, they find that you're not disabled anymore in two thousand and fourteen, does that mean you're day glass insured? It's still fifteen. No, it's still frozen.

7:38 So now, as opposed to you're in twenty fourteen. That's three years now. It'll probably be twenty eighteen for when your insurance cover expires. Makes sense. Here's the best thing for you to know. For those of you who are like I'm so confused, remember this. When you work and pay it to the system, you are earning coverage. So if you can demonstrate that your disability began while you were covered, then you're fine for disability a portion for in terms of being able to apply. You still have to go through the burden of going through the disability process, but you can still apply based on your earnings. Keep that in mind. Also, if you are found disabled, the date that they make a determination that you are disabled will

8:26 freeze your date lasting sure date and move it forward perspectively. So don't freak out and think that because you're after that if something happens then you're found to no longer be disabled. Again, does that are you handcuffed to that prior date. That's not the case. And keep in mind this other thing, and this is the last point. Let's say for something weird that you find out you don't have enough coverage, make sure you go back and check your records because lot of times what happens people work under the table, meaning they get money on the side, they don't report a Social Security which they should, or maybe they work for a lawyer who did not report it. If you know that you have worked enough and paid enough into the system and you

9:05 don't have enough quarters of coverage, or maybe your coverage is really far back, make sure you go back and check okay. Or if you know you work like I'll give you a good example. I had a lady that I'm working with right now. They said her DL was one. Well, she had worked like six years after that, but they overlooked that. So once I informed Social Security, they went and recalculated her her DL as like twenty twelve. So if you know you worked and paid enough into the system and you think they have the number wrong, ask them to look at it again because they can always recalculate it. Like I said, the DLI kind of confusing. I hope I was able to bring some light to it. But if you have any questions, you know how to reach me legalbeatt Anthony Reeves

9:46 dot com or visit my website at www dot Reevesfirm dot com. Hope this helped you out. Have a wonderful day,