Because the Social Security Administration (SSA) does not have a “short term” disability provision, you must meet certain durational requirements to qualify for disability payments. The SSA requires that your severe impairment has lasted or is expected to last at least twelve months. While this may seem pretty straight forward, it is a common reason for denying claims for Social Security Disability Insurance (SSDI) and/or supplemental Security Income (SSI) benefits.
It can be very difficult to determine if you are going to recover from your physical or mental impairments. If the SSA denies your claim because they think you will get better within twelve months, they are making an educated guess based on the type, severity, and medical treatment you are receiving. Many of my clients that have been denied for this reason on the initial application find themselves with a favorable decision from an Administrative Law Judge (ALJ) later down the road.
So, do you have to wait twelve months before you apply for disability benefits? I believe you should apply for benefits the day you are unable to work. For disability cases, the alleged onset date and application date are important for determining how much backpay you may be entitled to receive. There are restrictions on how far back the SSA can go from your application date for benefits, so I encourage my clients to file their claim as soon as they stop earning Substantial Gainful Activity (GAS) amounts. For SSI applicants, the SSA can only pay benefits from the date of application, so it is very important to file the application as soon as possible to ensure full benefit amounts for backpay purposes.
I don’t believe I’ve had a claimant that did not want to get better. Just because the SSA says they believe your condition will improve, it does not mean you cannot appeal that decision. It is important to remember there are time constraints in appealing your denial. You have approximately 60 days to file a Request for Reconsideration or Request for Hearing with the SSA. Untimely filings could lead you to have to start the entire process from the beginning. An experienced Indiana Social Security disability attorney or SSA representative can answer questions in this often confusing and frustrating process. It is important to know your rights to get the benefits you deserve.
Filed under:Evaluation Process || Tagged under: appeal, attorney, benefits, claim, disability, disability attorney, disability hearing, durational requirement, Indiana, indiana attorney, indiana disability attorney, indianapolis, initial application, lawyer, social security, social security administration, social security disability, ssa, ssdi, ssi, time, wait
Author: Scott Lewis