If you are disabled and unable to work, financial relief is a necessity. Not only must you deal with being sick or injured, but you also have to figure out exactly how your ailment will impact your daily life.
Applications for Social Security disability benefits are complicated and time-consuming affairs. Even after you file all the appropriate documentation to prove your work history and medical condition, there is always a long wait to get a final decision from the SSA. Naturally, the whole process might leave you wondering: why is my disability case taking so long?
If your SSDI claim gets caught in the appeals process, it can take up to 2 years for a final decision. Even then, only strong cases with all the proper pieces in place will be approved in the end.
The House of Justice is here to help you with your social security disability application. Call us at 1-800-840-8080 to schedule a free consultation.
How Does the Application Process for Disability Benefits Work?
No matter your profession or disability, the SSDI application process is structured uniformly for everyone. However, things tend to diverge if one person’s case is approved in the first round versus another that is denied and goes through the appeals process.
Please note, working with a skilled disability attorney will make the application process much smoother – every step of the way.
You are Disabled
Your disablement is the obvious motivation behind your social security disability application. Some people might suffer from a sudden accident like a back injury, while others have slow, debilitating diseases like Parkinson’s. In any case, your disability must be impactful to the point you can no longer support yourself with “substantial gainful activity” as defined by the SSA.
Contact a Disability Attorney
Once you realize the need to apply for disability, it’s a good idea to contact an experienced SSDI attorney like those at the House of Justice. With a lawyer on your side, you will have hands-on guidance throughout the tedious and complex SSDI application process. Not only will a lawyer help gather all the relevant documentation, but they will ensure everything goes quickly and smoothly.
Gather Relevant Info
At this point, you need to gather relevant information to back your social security disability claim. Again, having an attorney on your side will make this part of the process far quicker and smoother. Things to gather for your filing include government-issued ID, social security number, doctor info, medical records, W-2 forms, federal tax returns, and much more.
Submit Application to the SSA
Once you have everything together, you can submit your SSDI application online or in-person. If you need extra help with filing, your disability attorney can handle all the complicated work. Since most SSDI application forms only come in English, the attorneys at the House of Justice can handle all the translations.
SSA Acceptance or Appeal
Please note, only about 20% of SSDI applications are accepted in the first round. If your application is approved, you are eligible to start receiving payments after the SSA waiting period is over. In the event your SSDI claim is denied, you have the opportunity to appeal your case with the SSA.
5-Month Waiting Period
After your application is finally approved, the SSA explains, “you must wait five months before you can receive your first SSDI benefit payment.” This waiting period is in place to ensure that your disability is serious enough to warrant long-term coverage.
What are the Application Criteria for Disability Benefits?
Before the SSA issues benefits, they need to ensure you meet the minimum work history and medical requirements.
Medical Condition
To qualify your medical condition for social security benefits, your ailment must match the criteria set forth in the SSA Blue Book. While a variety of physical and mental disabilities can qualify for SSDI, your condition must meet these minimum standards:
- You are unable to “work and engage in substantial gainful activity.”
- You aren’t capable of doing “work you did previously.”
- Your disability “is expected to last for at least one year.”
Medical Documentation
It’s important that you back your disability claim with ample evidence from licensed medical professionals. Whether it be medical tests, prescription records, or letters of recommendation from doctors, the more evidence you can provide the SSA the better.
Work History
Since social security is funded directly from people’s wages, you must meet minimum work history requirements to be eligible for benefits. While the SSA uses a complex point system to qualify your condition, they form metrics based on the following criteria:
- Legal work status in the U.S.
- Worked and paid taxes for 5 of the past 10 years
- Full-time, part-time, and seasonal employees qualify
- Can’t still be working when you file for SSDI
Work History Documentation
As seen with your medical condition, you are well-advised to supply as much information as possible to prove your work history to the SSA. Common documentation used to verify work history includes W-2 forms, federal tax returns, as well as SSA work tests.
What are the Time Frames for the SSDI Application Process?
Depending on whether or not your application is accepted in the first round, the time frames for the entire claims process can vary quite dramatically. Please note, on top of the time the SSA needs to make a decision, “how long it takes to collect your medical records and any other evidence needed to make a determination will determine the exact timing.”
Initial Application
- 3-5 months (total time)
After you have submitted your application, plan on giving the SSA 3-5 months to make a decision on your benefits claim.
Reconsideration
- 6-10 months (total time)
If your initial application is denied, you can appeal by filing a reconsideration. Once your reconsideration has been filed, you should expect another 3-5 months of waiting before getting an answer.
Administrative Law Judge (ALJ) Hearing
- 2 years (total time)
In the event that your reconsideration is also denied by the SSA, your last option is to plead your case in front of an administrative law judge (ALJ). If your case goes to the appeals process, you should plan on your social security disability case taking up to 2 years in total.
How Can I Maximize My Chances of Getting Approved for Disability Benefits?
There are a few key things you can do to maximize the chances of getting your disability benefits approved.
Work with a Social Security Disability Attorney
Not only will working with a disability attorney greatly improve your chances of filing a successful claim, but it will save you time and heartache along the way. The lawyers at the House of Justice know exactly what documentation to include in your SSDI application. A good attorney is also essential if you appeal your case and/or take it to an ALJ hearing.
Timely Filing
You are well-advised to file your social security disability claim as soon as possible after getting injured. Filing quickly ensures that all your medical and work history documentation is up-to-date and relevant. Again, having an attorney on your side can be extremely helpful for getting things done in a timely fashion.
Extra Documentation
There are certain documents that aren’t required by the SSA for filing a claim that can greatly increase your chances of acceptance. For example, medical release form SSA-827 gives the SSA permission to speak directly with your doctor about your condition. Similarly, a letter of recommendation from your doctor can go a long way in strengthening your case with the SSA.
Get Started with the House of Justice Today!
The House of Justice is the first and only law firm that specializes in helping Spanish-speaking disabled workers file their social security disability claims. Latinos pay income taxes and you have a right to disability benefits!
Get started on your disability benefits filing today!
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