A common question we hear is “What is the Five-Year Rule in Social Security?” Unfortunately, this often comes up when a person is told they no longer qualify for benefits. For people in Sacramento who stopped working years ago due to illness or injury, this often comes as an unexpected barrier.
If this is where you find yourself, understanding how the rule works can be critical to your financial stability. However, if you need legal advice on a specific claim, you need to speak with a Sacramento Social Security attorney.
How the Five-Year Rule Affects Social Security Disability Claims
The Five-Year Rule in Social Security requires a person to earn enough work credits in five out of ten years before becoming disabled. This can prevent you from qualifying for Social Security disability benefits if you have not worked recently enough before becoming disabled, even when your medical condition would otherwise meet Social Security Administration (SSA) requirements.
Because this rule is tied to the SSA’s strict eligibility timelines, timing errors can be just as damaging as missing medical evidence. Under Social Security laws, failing to apply within the correct time window is one of the biggest mistakes people make regarding Social Security.
Common Situations Where the Five-Year Rule Applies
For most people, the Five-Year Rule applies to those who have been out of the workforce for an extended period before applying for Social Security disability. This commonly affects people who stopped working due to chronic illness, injury, or caregiving responsibilities, or people who have had unstable employment that did not produce consistent work credits.
In these situations, Social Security focuses on how recently someone has worked, not the total length of their work history. Because the Five-Year Rule is tied to recent work activity, older workers, near-retirees, and people who’ve had time away from work due to health decline or long gaps between jobs are often caught off guard by this rule when long work histories do not automatically protect eligibility.
Understanding the difference between the two and how they affect your benefits claims can be confusing. Speaking with a knowledgeable professional might be helpful if you have questions or challenges.
Exception to the Five-Year Rule
In some cases, however, exceptions to the Five-Year Rule may still allow a claim to move forward, even after a work gap.
Common exceptions to the Five-Year Rule include:
- Periods of qualifying disability that prevent work
- Certain prior benefit approvals
- Special insured status circumstances
- Younger people
- People with certain disabilities
- Some veterans who have disabilities connected to the military service
- Specific conditions such as ALS
Why You Should Hire a Social Security Lawyer
Regardless of where you are in the process, an experienced Social Security attorney can help you understand the expectations and requirements, as well as answer any questions you may have about your benefits. When you hire a Social Security lawyer, they can help prevent delays and denials, and if you need to appeal, your attorney can make sure that you meet all essential deadlines and eligibility rules.
Your attorney can also act as a buffer between you and the SSA by handling communications, managing paperwork and documentation, and presenting your case. When your lawyer has extensive experience with Social Security claims, you can trust that your claim has the highest possible chance of achieving your desired outcome.
FAQs
Q: What Are Work Credits for Social Security?
A: Work credits are a way to track an individual’s earnings and determine their eligibility for retirement, disability, and survivor Social Security benefits. A person earns credits by paying Social Security taxes through payroll deductions or self-employment taxes. Each person can earn four credits per year, and most people need 40 credits—or ten years’ worth—to qualify for retirement benefits.
Q: Does Retirement Age Change in 2026?
A: Yes, the retirement age changes in 2026. Under federal law, full retirement age reaches 67 in 2026 for people born in 1960 or later. People born in 1959 reach full retirement age at 66 and 10 months, while those born in 1960 or later reach it at 67. This change affects benefit calculations, early filing reductions, and delayed retirement credits, making timing decisions more important for long-term monthly income planning.
Q: What Is One of the Biggest Mistakes People Make Regarding Social Security?
A: One of the biggest mistakes people make regarding Social Security is applying when they do not meet the eligibility criteria. Because so many people apply each year, the SSA often denies benefits to any applicant who does not meet its strict criteria or who has submitted an incomplete claim. If you have been denied benefits due to an error in the claim or insufficient documentation, a skilled lawyer can help you file an appeal.
Q: Do You Have to Reapply for Social Security Benefits to Get Them Reinstated?
A: Whether you have to reapply for Social Security benefits to get them reinstated depends on your situation. Some recipients do not need to reapply. This may be the case when the person tried to work, but then their earnings fell again within 5 years. This allows qualifying people to try returning to work without the fear that they could lose their ability to support themselves if it doesn’t work out.
Q: What Is the New Social Security Law?
A: The new Social Security law is the Social Security Fairness Act, which was signed into law on January 5, 2025. This law increased benefits for many teachers, firefighters, police officers, and federal employees. The amount of money a person can earn before it reduces their benefits was also increased in 2025, with another increase in 2026. These increases account for a higher cost of living.
Contact Gade & Parekh Today
With more than 30 years in Social Security Disability law, Gade & Parekh, LLP is a Sacramento Social Security law firm dedicated exclusively to Social Security Disability and SSI representation. The firm serves clients throughout Sacramento County with focused legal advocacy and detailed case review.
If questions about work history or timing affect your claim, contact Gade & Parekh, LLP today.