September 22, 2010

When Should I File For Social Security Disability?

Indianapolis Social Security Attorney Scott Lewis often gets telephone calls from Indiana residents asking when they should file their initial Social Security disability claim.  Many disability claimants make the mistake of waiting because they believe they must be disabled for a period of one year before they can file a Social Security disability claim.  There are a number of things to consider when deciding to file a Social Security disability claim:

1.  Has your disability or combination of disabilities prevented you from making enough money to take care of yourself and/or your family?  The amount of money the Social Security Administration (SSA) considers to meet this level is called the Substantial Gainful Activity (SGA) amount.  In 2010 the SGA amount for non-blind individuals is 1,000.00.

2.  Will you meet the “durational requirement”?  Your disability must actually last for 12 months or be expected to last for 12 months.  Many times Lawyer Scott Lewis tells his clients if there is a question as to whether the disability will last for 12 months, do not give up on the claim.  If the disability is preventing you from performing SGA, as stated above, it may be in your best interest to appeal your disability claim if you are unsure as to whether you may recover from your disabling condition.  Also, due to the lengthy hearings process in your Social Security disability appeal you may have very well met the durational requirement before you find yourself before an Administrative Law Judge (ALJ).

3.  Don’t jeopardize your “date last insured”.  Based on your work history and paying into the Social Security system you will establish a dale last insured.  A Social Security disability claimant must prove they became disabled before the date last insured in Title II also known as Social Security Disability Insurance (SSDI) claims.

4.  Also in Title II or Social Security Disability Insurance (SSDI) claims you can only receive disability benefits for one year prior to your application date.  So, by delaying your initial Social Security disability application you may lose out on disability payments you may have been entitled.

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