Social Security Disability

How long do I have to apply for SSD benefits?

There is no set time limit in which to apply for benefits. However, the longer you wait, the more benefits you may lose. Also, since your insured status usually ends five years from the last date that you worked, if you wait longer than five years to apply for benefits, it may become extremely difficult or impossible to obtain benefits.

When should I apply for SSD benefits?

As soon as a doctor tells you that you will be unable to work for 12 months or more, or if you have already been unable to work for at least 12 months due to a medical disability.

What is a disability?

This is a legal term used by the Social Security Administration. A disability could be any medically documented condition that keeps you from holding a full-time job for at least 12 months.

Does a disability have to be caused by an accident?

No. A disability can be caused either by an accident, a birth defect, or a hereditary disease process such as Multiple Sclerosis, Cerebral Palsy, ALS, AIDs, or a number of other physical or mental conditions.

How do I apply for SSD benefits?

The road to benefits is a long one. You must first contact your local social security office and make an application for benefits. Information will be taken and you will be informed of a decision by mail in approximately 30-90 days. Almost everyone that applies for SSD benefits is denied at this first stage.

What should I do if I am denied SSD benefits?

You should make a “Request for Reconsideration” within 60 days from the date of your denial letter. More than two-thirds of the people who are denied at the first stage fail to ask for reconsideration. If you do not appeal within the 60-day period, you will have to most likely start all over, and could lose benefits. About 75% of those who ask for reconsideration are denied again at the second stage.

Does alcoholism or drug addiction qualify as a disability?

No. In fact, if drug or alcohol addiction is considered a material contributing factor to your disability, you may be denied disability benefits.

When should I hire an attorney for SSD benefits?

Once you are denied at the Reconsideration stage, you should hire a Social Security Disability attorney. Your attorney will ask that your case be set for hearing before an Administrative Law Judge. At this hearing, you will have to be present and testify regarding your medical problems. However, the trial process is very informal. It is only you, the Judge, a court reporter, your attorney and maybe a vocational specialist in the room. There is no jury, and the hearing is not open to the public.

How long will it take before I receive any SSD benefits?

From the time you first apply for benefits until you have your hearing will normally be about 1 year. It will then be another 2 to 4 months before the Judge decides if you will be granted benefits. It will then be another 60 days before you actually receive any money.

How often will I receive SSD payments?

Your first check will pay your past due benefits in one lump sum. You will receive a monthly check after that.