How Do I Find Out My Date Last Insured?

If you plan on filing for Social Security Disability benefits then an important thing to know is your date last insured.

The easiest way to find your "date last insured" or "DLI" is to call Social Security by calling 1-800-772-1213.

If you are unsure what Date Last Insured is, then you can read what date last insured means.

How Long Are Doctors Or Hospitals Required To Keep My Medical Records?

Clients commonly want to know how long a doctor or hospital is legally obligated to keep their medical records for. This is especially important in "Date Last Insured" cases, when the person may not have seen a particular doctor who has relevant medical records in quite some time.

The law varies by state, so depending on where your doctor's office or the hospital is located, there may be a different length of time that source is required by law to keep the records.

In New Jersey according to Consumer Affairs:

A doctor has to keep a patient’s medical records for seven years. After that, the physician can destroy them. There is no requirement in the law that requires the physician to notify a patient prior to destroying the records. It is recommended that you request a copy of your medical records when you are changing physicians.

Meanwhile, in New York:

Physicians must keep patient records for six years after the last visit. Records for children are kept for one year after the child's 18th birthday.

In saying this, I would not assume just because it is beyond that amount of time that the records have been destroyed. In my experience, often hospitals are more likely to destroy records as soon as they are legally able to. Meanwhile, small doctor's offices are more likely to be less organized with their destruction of documents and may have medical records for several decades still in their filing cabinets.

Since medical records are crucial when applying for Social Security Disability, it is my recommendation to routinely ask doctors or hospitals for a copy of your medical records. It is not always easy to distinguish "important" medical records from the irrelevant records, so if at all possible, you should keep copies of all medical records.

If I Don't Have Enough Work History Credits, Can I Still Get Benefits?

If you've been told by Social Security that you do not have enough work history credits to qualify for Social Security Disability benefits then there are two different possible solutions for you.

1) Find out your "date last insured" from Social Security and prove that your disability began prior to that date. An experienced Social Security attorney should be able to tell you fairly quickly if you provide them with enough information how likely your chances of success at this are.

If you last worked 15 years ago and only have started seeing a doctor within the past few years, then obviously it's going to be difficult to show that your disability began over 15 years ago. However, if your date last insured was within the past few years and you have significant medical records going back to that time, then your chances of success are much higher.

An attorney that I work with recently was able to prove that her client's disability began in 1989, the case was heard by a judge over twenty years from her date last insured. Although these type of success stories are rare, with the proper documentation, it is certainly possible.

2) If you are unable to prove that you were disabled prior to your date last insured, or you haven't worked enough in your lifetime to have ever had a date last insured, then you may still qualify for disability benefits. Social Security's Supplemental Security Income program is designed for those who are disabled AND have limited income and resources. So, although you may not able to receive SSD, you may qualify for SSI benefits.

What Does Date Last Insured Mean?

One of the most common questions I am asked by clients is, what does "date last insured" mean?

"Date last insured," only applies to Social Security Disability benefits (SSD), it does not apply to those who are solely applying for Supplemental Security Income (SSI).

Your date last insured is typically 5 years after the date you last worked, or had wages paid into the Social Security system. If you last worked in 2005, it's unlikely that you have a date last insured beyond  December 31, 2010. However, it is always important to check with Social Security to find out the exact date you were last insured.

When Social Security references a specific date that you were last insured, they are referring to the last point in time that you are considered to qualify to receive Social Security Disability Benefits. If your date last insured is in the past, do not get disheartened just yet, it is possible to still apply for and be awarded SSD benefits. In order to do that, you must establish that you were disabled from working prior to that date last insured.

So, if you went to Social Security today and you were told that your date last insured was December 31, 2009 you could still potentially apply for SSD benefits if you can show that you were disabled prior to that date. However, if Social Security determines that you were not disabled until some point after that date, you will not be eligible for  SSD benefits.

This can be a very confusing issue. If date last insured is an issue in your case, you should definitely seek assistance from an attorney familiar with Social Security Disability.