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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13281
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I am trying to apply ssa and my benefits expired dec of 2013

Customer Question

I am trying to apply for disability ssa and my benefits expired dec of 2013 can I use my husband's social security he does pay into the trs system he has some points in his disability could we maybe put his and mine together . If not what else could I do for mental disability I have worked for 23 years self employed but there are a few years I had losses because of not being able to work full time because of my mental problems . Can you help. Thank you.
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hi, can you tell me when you stopped working?

Also, have you ever filed for social security disability (SSDIB) or SSi before?

Customer: replied 1 year ago.
I stopped working in February of 15 . And no to your question.
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Have you had a chance to look at your annual SS earnings statement?

Customer: replied 1 year ago.
I'm sorry I did talk to social security and they told me that my benefits expired Dec of 13.
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Yes, I understand that. My question is:

Have you had a chance to look at your annual SS earnings statement?

This is how we find out if your earnings are properly recorded to see if that "DLI" - date last insured, is accurate.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

And more importantly: I still need you to answer:

Also, have you ever filed for social security disability (SSDIB) or SSi before?

Expert:  Stephanie O Joy, Esq replied 1 year ago.

This is important because your DLI does NOT necessarily mean you can't apply for SSDIB simply because that date has passed. It can be more difficult to win, but not a ban on filing in many instances.

Customer: replied 1 year ago.
No I have not applied. and and they do not have all work years recorded .
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Thank you. OK, then you were misinformed. You can apply, you must simply prove through very thorough medical evidence that you were disabled BEFORE your DLI expired.

Also, To change that DLI, (which would be great) you need to get your filed tax return information to the SSA for those missing years, to prove you worked and paid SS taxes, and to what extent. If you didn't file, and want to file now, the SSA will only consider proven working tax returns (ie. with W2s preferably) for the last 3 years, generally).

Expert:  Stephanie O Joy, Esq replied 1 year ago.

But, aside from that (and I think you should TRY, if you have thorough treatment records from pre DLI), no, you can't use your husband's unfortunately, for Social Security Disability.

Customer: replied 1 year ago.
Ok great I just got my taxpapers for the 4 years that are not recored. And yes I have a long medical record for the last 25 years.
Expert:  Stephanie O Joy, Esq replied 1 year ago.

But, I am sure your work in 2015, if it produced credits, isn't showing up yet. And possibly 2014, so these we need to look into. You might just have a bit of insured status left NOW. And, if you are not totally bedridden, or otherwise disabled from all activity, you may be able to keep that ongoing for awhile.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

Did you file those returns?

Customer: replied 1 year ago.
No were talking about mental illness.it has got really hard for me to even drive on my bad days and i will sleep for 2 to 3 days at a time and that just for starters it goes on and on .
Customer: replied 1 year ago.
I was self employed for 23 years
Customer: replied 1 year ago.
I have copies
Expert:  Stephanie O Joy, Esq replied 1 year ago.

OK, well, if you had 1099s, that helps. If not, we self employed have other ways of proving we really did the work. First, you would have 4 years of cancelled checks where you paid estimated and year end taxes. SHowing the IRS cashed them is golden. You also have bank accounts showing your clients/customer's payments to you, your revenues on a daily/weekly/monthly basis, you will have receipts for the expenses you deducted from revenues to get to the net income you reported and paid those taxes on. Very provable.

So if you can't work very PT in some fashion, to earn even just $5k/month taxable, to gain more credits (4 per year), then you will want to PROVE the DLI is wrong and get those numbers in. In the mean time, you can file and prove at least that you were disabled and NOT earning Substantial gainful moneys by your DLI in 2013. If your treatment was very thorough and your work very minimal or sporadic as defined by the SSA, you have a shot at this.

If you want me to review these and other issues pertinent to your claim with you, and possibly represent you on your claim, feel free to utilize the "additional services" offered. Completely optional. Either way, don't delay... get to filing asap.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Stephanie O Joy Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

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