I Don't Qualify

**Bessie** · 12-07-2007, 05:45 AM

I just got a call from my lawyer's office and I do not qualify for the Social Security Disability because I worked at a school district. I did also work at another job but I do not have enough credits in the last 10 years because most of those 10 years I worked for the school and they did not take out for Social Security. I do have enough credits (38) to quailfy for disability but I don't have the 10 credits in the last 10 years. They told me I need to go back to work for 5 years and earn 20 credits to qualify. I am so upset!!! If I could go back to work I would but I am to sick. It is so frustrating because it seems like I am being punished for working at a school. This just does not seem fair. I am going to do a little more checking into things before I give up. If anyone has any great suggestions I would love to hear them right now.
Take care,
Laura

**dverba** · 12-07-2007, 05:51 AM

I am so sorry.......That does not seem fair but not much does right now. So you work like any struggling family and you still can not get what our government promises. Your family is in my prayers.

**mimimama** · 12-07-2007, 05:56 AM

Laura,

Ohhhh..I am very sorry. I am sure this seems so unfair right now. I really feel for you. I have to believe that God is guiding things even though it's not going as we need them to go.

I am praying for you sister..hang on. HUGS!

**mary124** · 12-07-2007, 06:24 AM

I am sorry! I would find out why the school district didn't take out Social Security. I thought all companies do that? I don't know...

**Bessie** · 12-07-2007, 07:02 AM

I think the school districts pay into a Teacher's Retirement fund. I have a small amount in there (and I mean really small

) and could probably take it out early but I would have to pay a huge penalty so I will just leave it in there until retirement age. I am really thinking about writing a letter to my congressman and senator to express my feelings about how unfair it is but that would probably just be a big waste of my energy. It is almost like you are punished for working with our youth. But then again, look what teachers make!!
Thanks for everyones responses and concerns.
I really do appreciate it

Take care,
Laura

**Claredale** · 12-07-2007, 07:53 AM

Laura, I am so sorry.

Hugs,
Tracey

**GriffsMommy** · 12-07-2007, 10:00 AM

Laura, I'm so sorry! I hope you can find some way around this.

**Elle** · 12-07-2007, 10:24 AM

When did you last qualify for SS benefits? When did your IC become severe enough for you to not be able to work (not when you applied, but when it became severe enough)? Depending on the answers to those 2 questions, you may still qualify. Here's why:

SS determines your eligibility(as far as number of credits) on the day you call in or go in to complete your application, or up to a year before that date. So if your eligibility ended in 2005 and you applied in 2007, they would initially say you weren't eligible. But, if you are found to be disabled during a time that you were eligible, you could still qualify. For example, say your eligibility ended in 2005 and you last pd in SS benefits in 2000. Now say you became unable to do "substantial work" (you could still be earning some income) b/c of illness in 2004, but didn't decide to apply until now. As long as the court found you to be disabled somepoint before 2005, you would still be eligible for benefits. The examiner or judge can date your application back to a date that they feel you were initally unable to work. That doesn't mean your back pay will go back that far (it usually only goes back a max of 1 year before the date of application), but it DOES mean you could still be eligible. The problem is that case workers (and, in my case, examiners as well) don't even consider this when determining eligibility. But, a judge (or smart attorney) will know this.

I know this sounds confusing, but then again SS IS confusing!

If you tell me those 2 dates, I will figure the calculations for you. You still may not be eligible, but there's always a chance!

**Bessie** · 12-07-2007, 10:26 AM

Elle,
I am going to send you a pm.
Thanks,
Laura

**mimimama** · 12-07-2007, 10:40 AM

Laura,

Please DO contact your state represntatives and congress reps! ABSOLUTELY. My hubby calls and emails them all the time to help straighten out his VA disability and child support mess and they HELP ALOT!

It's worth doing!

**LeeAnn** · 12-07-2007, 12:44 PM

I'm so sorry to hear this. It's very upsetting how teachers and school district employees are treated when it comes to Social Security. I taught 7th grade in Texas for several years before switching careers and the social security issue is simply unfair. For example, if a teacher collects retirement from the state of TX, he/she cannot ALSO collect social security---even if they paid into it and even if they have all the credits. It might be the same story in all states, but I can only speak about TX. So like I had enough credits before even becoming a teacher b/c I worked so much in high school and college. But if I would have retired as a teacher I would not have gotten the social security that I had already paid into the system for. The way teachers are treated is appalling. I find it OUTRAGEOUS that you are ineligible to collect it when you are SICK and have paid into the system for all that time that you weren't working w/ the district. I actually did write my congressman about this when I lived in TX and I absolutely think you should contact yours. This is an issue that needs to be corrected. If you pay into both systems you should be able to collect from both systems. This is so upsetting to hear b/c I know how painful IC is and if you can't work, you can't work. UGHHHHHHHH this one really makes me mad.

**Berkshire Road** · 12-07-2007, 02:05 PM

No, it's specifically a Texas thing. I'm so sorry, Laura, I hope something works out for you.

**Bessie** · 12-07-2007, 02:19 PM

Thanks Carolyn

I have always been proud to be a Texan until today

I am really hurt by this but I am going to write some letters to my local, state, and federal officials. I know it probably won't do any good but at least I will be able to get it off of my chest.
Just out of curiosity, if I did not live in Texas would it change anything with Social Security?
Take care,
Laura