The Social Security Disability 5-Year Rule was created in 2022 to help individuals understand if they are qualified to receive Social Security Disability Insurance (SSDI). Under this rule, you must have worked and paid into Social Security through payroll taxes for at least 5 of the last 10 years before receiving a disability status that:
- Will or has impeded your ability to work for longer than 12 months or
- Received a disability that will result in death.
This 5-year rule ensures you’ve contributed enough to the Social Security Disability Insurance system to be eligible for SSDI benefit payments.
Important Points About The Social Security Disability 5-Year Rule
- The SSA measures your work in “work credits,” and you can earn up to 4 work credits per year.
- In most situations, you will need 40 work credits to be eligible for SSDI, with 20 of those credits being earned in the past 5 years of work within the 10 years prior to your disability.
- This rule is most applicable and important to individuals applying for SSDI over the age of 31.
Expiration Of Insured Status
SSDI is an “insurance program,” much like insurance for a home or vehicle. While you are working, you are paying into the SSDI system. However, once you stop working, you are no longer paying in through your work earnings. Just like your home or vehicle insurance expires once you stop paying in, SSDI also expires. Ultimately, the 5-year rule results in an expiration date of benefits, or “date last insured,” no matter how long you have worked in the past. Once you stop working due to a disabling limitation, you only have about 5 years to remain eligible for disability benefits. After this 5-year point, your SSDI benefits expire and it becomes more difficult to prove disability and receive benefits. Thus, it is important to apply for disability as soon as possible to avoid losing your benefits. Many claimants wait to file, believing they will either medically improve or find work that can accommodate their limitations. Sadly, this never typically happens and a claimant in this situation soon discovers they applied for benefits too late.
If You’ve Been Denied, Michael Armstrong Law Can Help
If you fulfilled the 5-year rule, applied for Social Security Disability Insurance, and were subsequently denied, Michael Armstrong Law can help you appeal your decision. Our team of compassionate and dedicated SSDI representatives is here to partner with you. Let’s get you the benefits you deserve.