I don't have the required amount of past quarters to collect SSD; because I was on worker's comp for many years. Does that make a difference?

Asked on May 13th, 2013 on Social Security Disability - Pennsylvania
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In 1995 I was injured at work and was placed on comp. I was on comp until 1999. I went back to work and worked 1 year and was injured again in 2000. I was placed on comp again until 2004. I was told to try to collect SSD and I called and talked to an agent and was told I couldn't collect because I didn't have the right quarters since I hadn't worked 5 of the past 10 years, when I was on comp. He told me I should have filed while on comp. I don't understand why anyone would file for SSD while they are being taken care of by their employers insurance. It never would have dawned on me to try to collect SSD, too! I didn't return to work after being told that because I really can't work. But now I'm told it may have been a mistake not to file regardless of what that agent said. Is it too late to file now?
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Answered on May 21st, 2013 at 9:08 PM
Now you know not to take legal advice from someone that is not a lawyer.  SSA employs fine people that are overworked and underpaid but when your benefits and well being depend on the answer, verify it with another knowledgeable source, preferably a Social Security Lawyer. There is nothing preventing you from applying, but yours is not an easy case by any stretch of the imagination.  You will want to contact your work comp lawyer to see if medical records from your case are still available from that office.  You can also contact the employer.  Finally, medical records from anyone that provided medical treatment to you after your work injury would be important. Your date last insured is very important to know as if you were disabled before that date, you have a chance.  Note that your past due benefits will be paid no more than 12 months before the date you apply in 2013 unless you have some way that you documented the information from the agent of SSA. I do not know your financial status, but you may be eligible to apply for SSI.

No attorney-client relationship has been established because of the information provided. Seek local counsel to address your particular facts. MJHJ

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Sean Michael Quinn
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Answered on May 17th, 2013 at 12:16 PM
you do need 20 quarters in the previous 40 - but the end date of the previous 40 does not have to be now.  it could be back in time.    so find out from the SSA your "date last insured."  this is the date when you have to be disabled by in order to collect SSDI.   then apply alleging a disability as of that date (the date last insured).

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