Five year rule.

[musical_soul]

I have a friend with MS. She's been out of work for five years. She couldn't work, couldn't go to the doctor, and never considered that it was MS. The law says if one has not been working for five years, they can't get it. Nevermind if they weren't disabled a year or two beforehand. Nevermind if they worked their entire life. She has nobody else who can take care of her it looks like.

I realize this sounds radical on my part, but are there any resources discussing reforming this law? I'd like to see if there's a way my friend could challenge this in court to change the laws.

[Indydem]

1. "it" refers to what??

[Iterate]

2. I just became aware of this myself.

I don't know if there is anyway around it, possibly with an appeal, or if there are other programs to fill in the gap. The law does seem to be patently unfair that those who have paid into the system for nearly their full lives can't collect -and it should be changed.

[uppityperson]

3. Do you mean out of work for 5 yrs, or has not ever worked for 5 yrs?

I think it is like Social Security, that you have to work enough quarters, pay in enough quarters, to get money back out. Or you have to be married to someone who has worked enough quarters.

I don't think it is "unable to work for 5 yrs" but "has not worked enough quarters (could equal 5 yrs) to pay into the system enough".

[Iterate]

4. The law states that if she is over 30 or so,

she would need to have worked 5 of the last 10 years (or 20 quarters). The way I understood it, that means any 20 quarters in the past ten years. And she would have to be disabled and not working for a year, which is what you stated.

[happyslug]

5. If she can get a Doctor to say her MS is of long duration, she can still get Social Security

The key is some sort of Medical Evidence to support her claims that she was disabled and could NOT work for some period in the past. She can NOT get back benefits (SSA limits claim to back benefits to one year) but she can be ruled disabled based on her doctor's report that supports her claim she was unable to work for years before she applied for Social Security.

As to changing the rule, that is hard for only Congress can change the underlying law that sets the limits, and there is no push for Congress to change the law.