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SOCIAL SECURITY'S 5 YEAR RULE

  • Writer: The Forsythe Firm
    The Forsythe Firm
  • Apr 20, 2023
  • 2 min read

Before you try for Social Security disability you should understand the "5 Year Rule."

The 5 year rule says that you must have worked at a job which is covered by Social Security for at least 5 years out of the most recent 10-year period.

What's this all about? The simple way to explain it is: You must work and pay into Social Security before you can take benefits out.


Social Security is supported by special payroll deductions called "FICA." (Federal Insurance Contribution Act). You and your employer pay a percentage of your wages into the Social Security trust fund. After years of working you become "insured" against disability because you paid these FICA taxes.

However, when you stop working you stop paying FICA. And after a few years (usually about 5) you become "uninsured" against disability with Social Security. If you become disabled while non-insured there is no money to pay benefits, no matter how sick you are.

So, working and paying the FICA keeps you insured. Quitting work (for any reason) eventually stops your disability insurance.


HOW TO KNOW IF YOU'RE STILL INSURED

Everyone has a "Date Last Insured" or DLI with Social Security. This is the date on which your SSDI coverage expired--or will expire in the future. Is your DLI is yet future, you are still insured. A simple phone call to your local Social Security field office will tell you this. Simply ask what is your DLI. Or, ask "Do I have enough work credits for an SSDI claim?" They can give you this information in less than 1 minute.

Many people lose their benefits by waiting too long to file. So be aware that after you stop working (for any reason) your disability coverage begins to vanish. Wait too long to file and there are no benefits available, no matter what medical condition you have.

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The Forsythe Firm is one of Alabama's leading Social Security disability advocates. If you need disability benefits call this firm. (256) 799-0297.


 
 
 

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Huntsville, AL 35806
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