You are eligible to apply for social security disability insurance (SSDI) when you’re injured and unable to work for 12 months or more. While disability benefits are a great resource, many people are unclear on the application process – including the best time to apply in the first place.
Social Security Disability Insurance (SSDI) provides financial coverage for U.S. citizens and undocumented workers who have paid taxes alike. To take full advantage of this program, you also need to take the appropriate steps to get your application approved.
Since the disability benefits application process is complex and time-consuming, it’s best to do everything you can to improve your chances of success – starting with knowing the right time to apply.
Are you disabled and need help applying for social security disability benefits? Call the House of Justice at 1-800-840-8080 for a free consultation.
What is the Ideal Time to Apply for Disability Benefits?
It’s always best to apply for SSDI as quickly as you can after becoming injured. In fact, there are several reasons why a timely application is important for securing benefits.
Many people aren’t aware of the fact that nearly 80% of SSDI applications are denied in the first round. These denials often result in drawn-out appeals processes that can last anywhere from a few months up to 2 years. In addition, as the SSA website explains, SSDI “benefits have a five month waiting period, which means that benefit payments will not begin before the sixth full month of disability.” Even if you are approved in the first round, you will have to wait 6 months before seeing your first SSDI payment.
What Criteria Make You Eligible for Disability Benefits?
In order to be approved for SSDI benefits, you must prove you have a debilitating medical condition and meet the work history requirements of the SSA.
Medical Condition
The SSA has a Blue Book that they use to qualify people’s medical conditions for SSDI. Using the Blue Book, you measure the severity of your impairment against the minimum set forth by the SSA. At a minimum, you must be disabled and unable to work for at least 12 months.
Work History Requirements
The SSA also has minimum work history requirements in place for SSDI eligibility. Not only must you be able to work in the U.S. legally, but you must have worked and paid taxes for 5 of the 10 past years. Moreover, your employment status must be either full-time, part-time, or seasonal, and you can no longer be working when you file for SSDI.
Can a Doctor Tell Me if I Qualify for Disability Benefits?
While your doctor plays a very important role in the SSDI application process, it is ultimately not up to them to decide if you are eligible for benefits. In the end, only the SSA has the ability to grant access to SSDI. Nonetheless, having a doctor agree that you are permanently disabled helps a great deal in the review process.
One of the most important parts of filing a successful SSDI claim is providing evidentiary support from your primary doctor, also referred to as a “treating source.” The SSA looks favorably on info from treating sources because this type of data is generally the most up-to-date and relevant. In fact, many disability claims are denied in the first round because of poor medical documentation from irrelevant sources.
Luckily, the House of Justice is here to help you acquire all the correct documentation from doctors, clinics, and hospitals.
How Does the Application Process for Disability Benefits Work?
While the framework for SSDI applications is the same for everyone, the actual process varies greatly for those that are accepted in the first round and those claims that must be appealed.
The first step in the process is to file your initial application along with all the supporting documentation needed to prove your work history and medical disability. This step can be handled online or in-person. Please note, only about 20% of applications are approved in the first round. Please note, having a skilled attorney on your side greatly increases your chances of being approved for benefits in the 1st round.
In the event that your claim is denied, you will receive a notice explaining why this is the case. If you choose to appeal your denial, you enter the next phase of the application process where you file a “request for reconsideration” with the SSA. In this phase, you supplement your initial application based on feedback from the SSA. To illustrate, the SSA might request more recent medical documentation or even a review from a doctor selected by the SSA.
The last phase of the SSDI application process is formally pleading your case in front of an administrative law judge (ALJ). The hearing will take place at a SSA office in your region or online with a Zoom meeting. Since it could take 2 years to get a formal ruling in an ALJ hearing, it’s best to trust your case with an experienced disability attorney like those at the House of Justice.
What Documentation is Required When Applying for Disability Benefits?
All documentation required for SSDI applications is used to prove your work history and medical condition to the SSA. Key items to remember in your SSDI application include:
- Letter of Recommendation: from your doctor that explains your disability and how it keeps you from being able to complete your job.
- Medical Release Form: form SSA-827 gives the SSA permission to contact your doctor directly for information and documentation about your disability.
- Medical Test Results: offer invaluable information for qualifying your disability versus the minimum standards in the SSA Blue Book.
- Adult Disability Report: form SSA-3368 is a document that details specifically how your impairment keeps you from performing at your job in the required capacity.
- Recent Work Test: is a work-related document that assesses the number of social security credits you’ve earned while employed.
- Duration Work Test: is another work-related document that weighs the social security credits you have earned while working.
How Can an Attorney Help My Chances of Getting Approved for Disability Benefits?
The best way to increase your chances of getting your social security benefits approved is to work with qualified SSDI attorneys like those at the House of Justice. A skilled lawyer will make sure that all of your important work history and medical documentation is in place. Even more, they will guide you through every step in the application process – including tedious appeals and ALJ hearings.
Since nearly 80% of all disability claims are denied in the first round, working with an attorney can save you a lot of time and heartache in the application process. Remember, even SSDI claims that are accepted in the first round are subject to a 5-month waiting period. Why risk adding an additional 2 years to your wait time with stressful appeals and hearings?
Even if you have previously been denied SSDI, the attorneys at the House of Justice can likely still help you. In fact, you can apply for SSDI as many times as you feel necessary.
Work with the House of Justice on Your SSDI Application
At the House of Justice, our Spanish-speaking lawyers only focus on SSDI and are not distracted by other cases. With years of combined experience, we can tell you in just 10 minutes if you are eligible to apply for SSDI.
The House of Justice will work with you through the entire disability claims process without you ever having to pay a penny out of pocket. We are only paid by commissions on successful SSDI cases. Contact Us today for a free consultation.
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