Can I get Social Security disability with no work credits for 10+ years after medical malpractice?
I'm dealing with severe complications from a botched shoulder surgery that's left me with chronic pain and limited mobility. Before I go through the nightmare of gathering all my medical records and starting the disability application process, I need to know if I'm even eligible. I haven't worked since 2015 (about 10 years ago) when I left my nursing job to raise my kids. I was planning to return to healthcare this year, but I can barely type or write for more than 15 minutes without debilitating pain and fatigue in my arm and shoulder. The surgeon damaged nerves during what was supposed to be a routine procedure, and three specialists have told me the damage is permanent. Am I wasting my time applying for SSDI with this huge gap in my work history? I know there's some rule about recent work credits but don't understand how it applies to my situation.
17 comments
Dylan Cooper
Unfortunately, to qualify for SSDI, you need to have worked 5 out of the last 10 years (earning 20 work credits). If you haven't worked since 2015, you've likely fallen outside that window. The SSA has a "date last insured" (DLI) which would have expired for you around 2020. Have you considered applying for SSI instead? It's needs-based rather than work-based, though there are strict income and asset limits.
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Fatima Al-Farsi
•Thanks for explaining that. So discouraging. What are the income/asset limits for SSI? My husband makes about $75,000 yearly and we own our home.
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Sofia Perez
Hate to be the bearer of bad news but SSI probably won't work for you either with your husband's income. They look at household income and assets for SSI and $75k is WAY over the limit. It's super low like $2000 in assets (tho your house doesn't count). The system is basically designed to make sure nobody can actually get help. been there tried that.
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Fatima Al-Farsi
•This is so frustrating! I paid into the system for 12 years before staying home with my kids. Now when I actually need help there's nothing available?
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Dmitry Smirnov
While the previous commenters are correct about the general rules, there's an important exception you should know about. If you can prove that your disability began BEFORE your date last insured expired (which would have been around 2020 based on your work history), you might still qualify for SSDI even though you're applying now in 2025. This would require medical documentation showing your condition began prior to your DLI. The SSA calls this a "closed period" claim. It's more complicated but definitely possible if you have medical records showing your surgery complications began before 2020. I'd recommend requesting a free Benefits Planning Query (BPQY) from SSA to confirm your exact date last insured before proceeding.
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Fatima Al-Farsi
•That gives me some hope! The botched surgery actually happened in 2019, and I have MRIs and nerve conduction studies from that time showing the damage. I'll look into requesting that BPQY report - thank you!
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ElectricDreamer
My sister went thru something similar after a bad car accident. She couldnt get thru to SSA for weeks and was so stressed. Have you tried calling them? The wait times are craaaaazy.
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Fatima Al-Farsi
•I tried calling twice but gave up after being on hold for 45+ minutes each time. I'm going to try again but it's so difficult to stay on the phone that long with my shoulder pain.
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Ava Johnson
If you're having trouble reaching the SSA by phone (which is extremely common), I'd recommend trying Claimyr. It saved me weeks of frustration when dealing with my SSDI application. They connect you directly to a Social Security agent without the usual wait time. Their site is claimyr.com and they have a video showing how it works: https://youtu.be/Z-BRbJw3puU Since your situation involves determining your date last insured and documenting a disability onset date from several years ago, you'll definitely need to speak with an actual SSA representative rather than just using the online system. They can verify your exact DLI and explain the specific documentation you'll need for a closed period claim.
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Fatima Al-Farsi
•Thank you for this suggestion! I'd never heard of this service before but just watched the video. I'll definitely use this - the thought of waiting on hold for hours with my shoulder pain is unbearable.
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Miguel Diaz
Have you looked into any legal options for the medical malpractice aspect? My cousin had a similar situation after a knee surgery went wrong. The settlement from that helped support her while navigating the disability process. Just a thought since the surgeon caused permanent damage.
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Fatima Al-Farsi
•I considered it but the statute of limitations in my state is 3 years for medical malpractice, and it's been almost 6 years now. I was focused on recovery and raising my kids, and by the time I realized how permanent the damage was, it was too late. Huge regret.
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Zainab Ahmed
SSI is useless for most ppl!!! Maximum federal payment is only $943/month in 2025 anyway even IF you somehow qualified which you probly dont with your husbands income. The whole system is BROKEN!!!!
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Sofia Perez
yeah exactly what I was saying, whole system is garbage
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Dylan Cooper
Based on your additional information about the surgery occurring in 2019 with documentation, you have a legitimate path forward. Here's what I recommend: 1. Use Claimyr or visit your local SSA office to confirm your exact date last insured 2. If your DLI was after your 2019 surgery, proceed with gathering your medical evidence 3. In your application, clearly specify an onset date in 2019 when the surgical complications began 4. Include all medical documentation from 2019-present showing consistent treatment 5. Consider getting a statement from your doctor specifically addressing how your condition prevented substantial gainful activity since 2019 The fact that you weren't working at the time of onset doesn't matter as much as proving the disability began before your DLI expired. The key is establishing that your medical condition would have prevented you from working since 2019 if you had attempted to return to work.
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Fatima Al-Farsi
•This is incredibly helpful - thank you! I'll start gathering all these records and contact my neurosurgeon for that statement. It's still daunting but at least now I have a clear plan.
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Miguel Diaz
I will say, based on personal experience, applying for a closed period SSDI claim with an onset date from several years ago is challenging but absolutely possible. The key is having thorough documentation and being VERY specific about your onset date. The SSA will want to see that you've been receiving consistent treatment for your condition since 2019. Any gaps in treatment can be problematic, so be prepared to explain any periods where you might not have seen doctors regularly.
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