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This is a fairly big mistake simply for this one reason: it has the effect of wasting an extraordinary amount of time. As a disability examiner, I was never in the position of learning how much time had elapsed between a claimant's initial thoughts about filing for disability and the actual moment that they decided to follow through on applying for disability. However, when I became involved in the representation of disability claims, it became very apparent to me that many claimants wait months, sometimes even years before filing for disability. Why? There are probably many reasons and scenarios. In some cases, a person may simply be hoping that their condition will improve, or that their job will somehow accomodate their impairments. And, of course, there is the awful reality of what filing for disability really means. It means, in most cases, that a claimant is no longer working and earning a substantial and gainful income and no longer has access to employer-provided health insurance. Those two elements can easily make the prospect of filing for SSD or SSI a terrifying one. However, another awful prospect is one that many disability claimants will be forced to experience, which is to file for disability, become denied, and then spend 1-2 more years pursuing their claim in the social security administration's disability appeal system (for most applicants, this process culminates in a disability hearing; however, there are two additional appeal steps beyond even the ALJ, or administrative law judge, hearing level). What can lessen the severity of waiting so long to finally get awarded disability benefits? Getting a claim in the pipeline as soon as possible. Backlogs currently exist at all levels of the social security disability system and, as current trends go, the backlogs are only getting worse, i.e. claims are taking longer and longer to process, particularly at the disability hearing level. When can you file for disability? You can actually file for disability at any point in time. However, if you are currently working and earning what is considered to be SGA, or substantial gainful activity, your claim will be given a quick technical denial. This means that your claim will not even be given a medical evaluation, meaning no medical records will have been gathered or evaluated. Technical denials are usually issued within a week of a claimant filing. However, this is understandable. After all, if a person is working and earning a subtantial and gainful income when they apply for disability, they are not qualified in any sense. So, when should a person file for disability? It would be pointless to file if you are working full-time. However, if your work stops, you should consider filing immediately (i.e. the day after you stop working). Also, if you continue to work but your income falls below the substantial gainful level (see the link in the preceding paragraph to learn the monetary amount that is considered to be SGA), you should consider putting in your claim. However, if you have ceased working or your income has fallen below the SGA level, you should never make the mistake of hesitating or delaying your application for disability. Because the longer you wait, the longer it will be before you receive an answer on your claim.
Social Security Disability and SSI Disability Information
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