How to Prove Your Disability Began 5 or 10 Years Ago

[@markstench4470]

As always great information, Thank you Counselor, thank you for educating the masses.

[@ssdattorney]

My pleasure - glad you found it helpful.

[@joeneall8280]

I can't even begin to tell you how much you have helped me. Watching your videos has been a real life saver. Keep up all the great work and can't wait for your next video.

[@ssdattorney]

Thank very much for the kind words, Joe.

[@Sjrick]

Im about to undergo this part of my life by speaking to an atty on Tuesday. I meet all the criteria so far in these videos. Im 56 working at a job for 30 years, i have medical records dating back 30 years for various conditions.

[@michellebanik3689]

You are awesome! I thought my case was hopeless until I saw this, but now I realize it's not. I'm getting a lawyer and my records pronto. Thank you!

[@darleneholtel5477]

Wow I did not know I should tell social disability that my onset was in 1998 I have all my medical records with tests from my roll over accident I wondered why social security states I was disabled in 2012. Thank you so much Darlene

[@MrBob58o]

If ALJ thinks that while waiting, I’ve improved enough to work, will he deny? If he thinks I was disabled during at least a 12 month period, can he determine a closed period if my rep and I didn’t specifically ask him to consider a closed period? AOD: 4/2021, MRI: 9/9/2021, First c-spine surgery:10/4/21, Pedestrian hit by car: 10/31/21, SSDI application: Nov, 2021, 2nd cervical spine surgery: 7/5/2022 Hearing: 10/19/2023 Persisting cervical myelopathy and radiculopathy, still have huge L5-S1 extrusion. Ortho passed me to neurosurgeon, Neurosurgeon passed me to neurologist, who passed me to pain management and psychiatry. Been doing PT, lumbar injections, psychotherapy, nerve pain meds, antidepressants, antipsychotics…

[@bwojak3226]

Mr. Ginsberg, thanks for all the great info. Wish I would have known you excepted cases in California before I signed up my attorney four days ago. I’ve heard you talk about Worker’s Compensation cases are tougher to win , My question is with an onset date back three years because I can no longer work because of A fall off a roof I took 24 years ago and shattered my knee to the tune of 12 screws and a metal plate . I grinded through 20 years of working in pain and recently had a knee replacement that got infected and then removed and replaced with a temporary cement spacer. I’m now waiting scheduling for re-replacement of the same knee. My other knee is shot from overcompensation all these years and because of the infection ordeal I’m afraid to have this knee replaced. 59 years old does this mean I have a weak case for SSDI? Would greatly appreciate your opinion, and thanks for the informative videos.

[@cynt6666]

Do I give Social security All my records or pull out the ones I they they would need?

[@jessieh8002]

I have my hearing on 04May19. For me it’s an ongoing issue of my bad back from an accident from 29Dec99. I have medical records going back to that date. I was 27 years old when that incident occurred, and am now 47. So will this benefit me having my medical records from that date, showing I’ve worked as long as I have with this injury. Since then I’ve have some other issues (arthritis in both knees, carpal tunnel in both hands) and filed for disability for the first time in July, 2017? Basically I’ve worked as long as I could, I was a travel agent (which ended in 2008 when the economy turned badly for lots of us) for 10 years, and bartended for 14, and gave up bartending in July 2017, when my body could no longer do it. Your videos are a godsend Mr Ginsberg!!!

[@ssdattorney]

Jessie, thanks for the kind words. My thought is that if you worked for months or years after your original injury, you are not going to be able to claim disability benefits for the time when you were working. Those medical records will document the chronic nature of your orthopedic conditions, however.

[@CDaeda]

What if a person used the old dates in a failed attempt to get SSDi benefits? Can same person reuse the old dates in a second application attempt. EOD, DLI, ; this may be necessary because of an inability to get work to move the DLI up.

[@christineboswell-sexton4894]

Does this apply to trying to claim a prior date while you were still working?

[@aprilredkisses]

Thank you.

[@brooklynknightss]

Hi Johnathon Can you discuss CDR time frame and how often you should see your doctor to keep SSDI satisfied

[@ssdattorney]

I recommend that you see your doctor at least 4 times per year. I'll add CDR topics to my list of videos to do.

[@brooklynknightss]

@@ssdattorney Thank you !!!

[@jgk381]

I have a cousin who has been receiving SSI since 2009 for a mental disorder, and now his parents are collecting retirement benefits and they're trying to get him on their SSDI as an adult child disability, but his established onset date wasn't until he was 26 yrs old because he didn't start getting treating for the condition until then. However his symptoms had been going on for years before that, and actually began when he was 19-20 yrs old. So when he did start treatment at 26, he told all his doctors how/when it all started, and if they have that in their notes, can that be used to prove an earlier onset date before 22 and qualify him for his parents SSDI?

[@lolitabonita08]

hello. I am trying to find the Disability examiner report IME doctor ...this doctor was hired by the SSoffice. I called and ask for a copy of the report but i find that the person on the other side of the phone says that there is not report, that i can not get the copy because the records were destroyed...so what can i do???

[@MaraschinoMary1]

I have all my records from each physician/facility from onset 12 years ago. And I have compiled a bulleted document over the years. Would my attorney need to request another copy, or would what I have suffice?

[@ssdattorney]

Generally when you apply , SSA will request medical records. After the recon denial, you (and your attorney) are responsible for updating the file. Assuming you have removed any duplicates, copies of what you have can be submitted and used by SSA. You can also submit these records to the adjudicators earlier on in the process.

[@joshuajames5786]

thanks for all your great help and info👍quick question i have years up to 20 years of medical records from when i had a tbi at 6months old also adhd in school with permanent l.d would thos help me to get auxiliary or dac benefits since i have records to show that my disabling conditions started before age 18 or 22 father was a 30 year army vet i was born on madigan army medical center same place that did the tbi surgery, if u can answer at your earliest convience thanks in advance

[@joshuajames5786]

The tbi was a severe sub dura hematoma evacuation that came from a crash been suffering conditions for as long as i can remember

[@ssdattorney]

Joshua, I would think so.

[@joshuajames5786]

Thanks for your response lawyer ginsberg keep up your good work we appreciate it👍

[@5150pearl]

Does owning a house play a role in getting ssi and will they deny ssi and ssdi at the same time

[@mained5528]

VA office keep sending me to therapy. I have swelling in my back from navy , discharged in 01. I need them to look at my Active duty records but they won't. Need help asap. I am currently a H.I.P. I am having problems with SS and VA. 5yrs navy and 16years with a human service

[@therealjeff-0459]

when a lawyer takes a ssi case on contingency terms for mental health issues does that mean he thinks you have a strong case

[@ssdattorney]

SSD cases can take 2 to 3 years to wind thru the system and your lawyer only gets paid if he/she wins. During all that time, your lawyer has to keep the lights on hoping for a favorable decision. So yes, a lawyer will only take your SSD case if he/she thinks there is a reasonable chance at winning.

[@therealjeff-0459]

@@ssdattorney thank you, you do a great job on the video

[@tupaqayarmanco3170]

Can You make a video of People with Epidermolysis Bullosa , A Congenital /Genetic Skin Disorder, Whom not only suffer from a Chronic Skin Condition that can cause Skin Cancer, also is categorized as a Auto Immune Disease, A condition which immune system attacks your body's healthy cells. I have it and Am not just dealing with this Skin condition but everyday Anxiety and Depression.... I mean for gods sake its a long term Condition. It can be Fatal. Why do I have to go through this Reviews every 3 years..... It's not Fair. I cry every night....

[@tashimataborn9667]

Can u on a federal case

[@MikeMisiewicz]

My knees have been bad for 35 years. I do have exrays going back at least ten years. I have been bone on bone for ten years. I cry walking through Walmart. Only thing helps is riding a bike.

[@destynnee]

How would you prove this, with little to no medical records due to no insurance, or drs refusing to do testing at that time?

[@Lissa5628]

Hi hope you are able to respond back. While I was working I was struggling with my mental health for 9 years with multiple medical leaves of absences and trying to work around my mental health for example using my 2 vacation days throughout the month to try and have a rest day between each week. I applied for SSDI four years after I was fired. Would I still be able to use evidence showing my struggle with my mental illness when I was working? A couple of lawyers said it did not matter because the judge just wants evidence from the time I filed for SSDI and nothing else prior. But I feel like I have additional evidence supporting my mental health, should I still bring the evidence or no? I would so appreciate your advice thanks again

[@ssdattorney]

I think that any evidence of problems with work is relevant but I would agree that problems that happened many years ago would be less important to the judge. I would still submit statements, however.

[@Lissa5628]

@@ssdattorney thank you so much, I really appreciate it

[@mitchelll546]

Is there a specific time period to sign up for ssdi? I havent been able to work since may of last year but havent signed up yet one reason not certain of onset date or the day i last worked having anxiety issues.

[@geekgal2006]

You can call the social security office and ask what your last insured date is.

[@TOPHAT1966GS]

Great video John when I filed SSA didn't want to accept records I submitted from 2010 of which I gave those records to my attorney. I'm still waiting on a decision as of now.

[@ssdattorney]

Thanks, Tophat. If I think records are relevant I will submit, which is apparently what your lawyer did. Good luck with your case.

[@doreespencer3896]

Hi,I have a question what if your last job was in 1996 which is 10 years or more and I have back problems asthmatic high blood pressure anemia has sickle cell iron deficiency arthritis in both knees suffered from anxiety and depression learning disability problems and has ADHD will I have a chance to claim disability benefits

[@ssdattorney]

Doree, generally speaking your insurance remains for about 5 years after you stopped working. This is called your "date last insured." You have to prove that your disability began before your date last insured.

[@quinnjones4088]

Why do Social Security keep saying payments are at payment center?what doe that mean..

[@SLBVeteran]

If you are approved for SSDI then your record is processed at one of the processing offices for payment. The SSA field office and/or Appeals office makes the decisions but the processing center pays your benefits. So in essence two different office of SSA with different functions. My processing center for my record is located in Philadelphia Pennsylvania hence called the SSA Mid-Altantic Program Service Center. My wife's SSA retirement is handled at the SSA Western Program Service Center in Richmond California. So as you can see the processing center has it functions that are different then SSA field office and Appeal offices. Hope this help?

[@MsamerieJohnson]

What if you didn't go to the doctor during your remote date? For instance, I was going to the chiropractor for the first 1 1/2 I became disabled.

[@ssdattorney]

Amerie, many judges will change the onset date to the point where you were going to the doctor. I think it helps that you sought chiropractic because it shows that you did something proactive to address your pain and limitation of movement.

[@michaelk3582]

What would be reasonable as an onset date in this case. I got my 4th compression fracture 12/2019 while in bed bending / slight lunge over edge to grab phone....my low back crunched 3 times quickly and ..........I was floored. Wheel chairs into emergency..... Initial app and paperwork for determination office has 12/ 2019 as onset of my problems which are serious ..and I am 100% done ). First....I have extensive records to 1993.....2" thick which I sent with my paperwork. My conditions go back to 1986 but can't get any earlier records. From the beginning as a teen, something was already amiss as I had a 3" long 1" wide bone tumor, ( Osteochondroma ? ) Growing out of shoulder blade into my ribs. It kept me from being accepted into the Army.....first life long plan instantly derailed. I got it cut out. Age 21 my right knee exploded huge.....Arthritis never dawned on me.....doc said take some aspirin. It stayed this way for 5 yrs ....then off and on. Bad pain in my sternum....especially when I sneezed....beyond what I can describe. My neck was always a problem....it moved into my fingers .....elbow......wrist.....etc. I had 1 patch of psoriasis on right elbow and face rashes, scalp..... Then........1991 or 1992......picked up log with step father......and that changed my life. A hot rubber band stretch and snap and down I went....no insurance....not working that moment. ... I have had problems with that since then. In and out of doctor's.....psoriatic arthritis diagnosis. 1993 I think. 1996.....re injury of the back playing with my son. Froze in chair could call into work...couldn't reach phone. Made it to work after that......for one week I couldn't raise my upper body past a 90 degree angle......oddly I was ' laid off shortly after that when they hired another guy. 6 month later my unemployment ran out.......and I had a suicide attempt....long anxiety and depression to my teen yrs didn't help. Since then....I worked hard always physical jobs.....even working 3 jobs a few times 7 days a week.....I did that 4 yrs ago and got abakers cyst....more draining....I had melanoma cancer and a near gangrenous gall bladder....possible early COPD as I was sick for 11 months in 2014 with upper respiratory, again in 2016 for 3 months.....with fevers. In and out of doctor's....proving the consistent problems for years to my joint pains....etc. Began deteriorating quickly beginning 2016.........I finally was done and left my job 9/2018 ....... Worked up to 32 hours a week for my sister and her husband's new business ran from a second home on this property, ( mom died 2014 ) my sister has it in her name. Pump and well business. They work hard but have no organization ability. I began in office......not my type of work.....never done it and don't like it......just as hard for me to sit and I can't keep my knees bend and I had and have severe carpal tunnel...had it fixed once in 2014. During the year I had 3 falls due to a gradual chronic fatigue in my muscles, legs, and all over back pain that would not go away....ever. My muscle mass is rapidly disappearing.....I have muscle pain in entire body that my family doc said sounds like a fibromyalgia type symptoms .......along with my now verified Osteoarthritis.....Psoriatic Arthritis..........2019, December.......3rd serious back injury Nothing is recovering from this one. 7 months later.......I haven't been working for my sister......maybe 2 hours once in a while. ...... My joints.and muscle pain are 24 hours a day.....affecting sleep too. Includes spine, neck, spurring , ECT....... My back ... stomach, hips and legs get instantly super fatigued as soon as I start walking. My upper body does not want to stay there at all......do dishes...only for 1 minute.....I'll have to rest my elbow on the counter because my muscles are quivering.....carry 1 bag food from car to house.....I barely make it and I'm winded. 3 years chronic and bad left thumb ba joint pains.....feels broken at times.....nerve damage from feel knife cut to thumb too and amputation of 2 finger tips of right hand which grew the nail back....but has nerve damage too. Now I have chronic numbness from shoulder to hand with tingling. ......my property and home.....needing work..,is falling far behind....car is torn apart.....I have no energy or desire to even try.......3 minutes leaning over it and I'll have to stop. I wanted to make sure they understood and can easily see that my onset wit arthritis.... osteoporosis.....previous back injuries, etc, was clearly a long time ago and this was just the nail in the coffin. Mentally and physically I can't do it any more...........and I hate it to death. Would they consider an earlier onset date or does it even matter with so much going on and records, if it possibly might pass anyway the first time through? PS...... I'm 54 now....almost 55.

[@joearzs2851]

How can I prove a crippling lifelong social phobia? I'm in my mid fifties.

[@dougs7367]

I am in the same situation.. due to multiple phobias, anxiety and depression and PTSD from childhood sexual and emotional abuse I spent most of my life living with and later caring for my parents. They are now passed away and I am facing possible homelessness.

[@SLBVeteran]

I guess my question here would be here. Why in blue blazes would someone wait 5+ years to file a claim? Makes no sense even in VA claims time lapses can hurt your appeal. Example say a Veteran hurts his back in service and waits 20 years to file a claim unless service records show the event otherwise that 20 years can be used against you if no "Nexus" is established. The VA would say that the injury occurred after service hence claim denied. SSA would look at time lapses in record about the same way. And as he said in the video records can be lost, office shut down, hospital closed or merged, etc. It is best to file the claim for SSDI immediately hence preserve the effective date of claim for any retro pay and build you evidence in record during the initial and appeal, if it goes that far, to win.