disability lawyers


WHEN IS THE RIGHT TIME TO APPLY FOR DISABILITY BENEFITS ?





Many people who should file an application for social security disability or SSI do not. In some cases, they simply delay filing a claim for disability benefits. And, in others, they make the mistake of never filing for benefits when their medical or mental condition clearly renders them disabled.

Delaying, or putting off, filing for disability benefits can be very costly simply because the process is usually very long. And "putting off" filing benefits is equivalent to "failing to get in line".

How long is the line? After a social security disability or SSI disability claim has been initiated (i.e., an application has been completed and submitted), a decision may not be forthcoming for several months. How many months exactly? There is never a clear way to know. However, on average, a decision may take as long as four months. And in some instances, a decision may take half a year or longer. Unfortunately, most decisions will be denials, meaning that a disability claimant will be forced to file an appeal.

How long do appeals take? The first appeal is called a request for reconsideration, though in some states, it is labeled as a review. Reconsiderations can often take as long or longer than applications for disability (though, occasionally, a decision on a reconsideration may be quicker than a decision on an application).

Reconsiderations tend to be denied overwhelmingly. The national statistic for a recent year was 84.9 percent, meaning that for every 100 reconsiderations that were filed, 85 were turned down.

If a reconsideration is denied, of course, a claimant can request a disability hearing. And at a disability hearing, a claimant who is represented by a disability lawyer will generally stand a favorable chance of being awarded disability benefits. Unfortunately, however, the wait for a disability hearing can be between one and two full years.

From the time a person actual files for social security disability or SSI, the entire application and disability appeal process can take up to 2 to 3 years.

For this reason, a person should NEVER delay filing a disability claim. When is the right time to apply for disability benefits? Answer: as soon as your medical or mental condition becomes disabling. And as far as the social security adminitration is concerned, a person becomes disabled when they are no longer able to work and earn a substantial and gainful income.

To see the definition of SGA, you may wish to visit this page: Social Security Disability, SSI, and substantial gainful activity, or SGA








Social Security Disability and SSI Disability Information








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