what if you wait to file for disability can an attorney hp

by Webster D'Amore 8 min read

If you have not filed for disability benefits yet, then you may want to consult with an attorney before beginning the filing process. A disability lawyer can help you evaluate if you have a strong case, or if there are areas for improvement before filing.

Full Answer

How long does it take to get approved for disability benefits?

It can take up to three years to get approved for disability benefits, and during that time, you can't work. You need to do what you can to prepare for many months or even years without income. Going Broke While Waiting for Disability Benefits to Be Approved | DisabilitySecrets

Can you get financial assistance while waiting for disability?

Meeting Your Financial Needs While Waiting for Disability While you wait for your disability benefits to be approved through the Social Security Administration (SSA), you are permitted to seek financial assistance from other sources. The only issue that would impact your claim is if you went back to work on a full time basis.

Do I need a lawyer for a disability insurance claim?

You may want to consult a disability insurance attorney early in the process to see when it makes sense to submit a disability claim and how to appeal a potential denial of coverage. In some cases, especially if you have a large employer, you may be able to access a copy of your disability carrier’s insurance policy online.

What should I do if my Social Security disability application is denied?

If your application is denied, you do have the right to appeal the decision, but this will extend your wait time even longer. As an experienced New Port Richey social security disability attorney, Joseph Rooth can help ensure that your claim is filed properly, reducing the likelihood of lengthy delays or a denial.

How do you survive while waiting for disability approval?

There are some government-sponsored programs to help with disability income as you await a decision on your application or once you have been approved. These include Unemployment, Supplemental Nutrition Assistance Program (SNAP), and state-mandated short-term disability insurance (available only in five states).

How can I speed up my disability process?

Here are some more ways to speed up your disability application.Requesting an OTR Decision. ... Requesting an Attorney Advisor Decision. ... Compassionate Allowances List. ... Terminal Illnesses. ... Presumptive Disability. ... Dire Need. ... Military Service Members. ... Contacting a Member of Congress.

How long does disability have to make a decision?

Generally, it takes about 3 to 5 months to get a decision. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision.

What are the chances of getting approved for disability?

According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied.

What's the quickest you can get disability?

five monthsThe earliest payments can start is five months from the date that Social Security determines your disability began, based on the medical evidence you provide. This is the case even if your application is fast-tracked and approved during those months. There is no such waiting period for SSI payments.

Should I work while waiting for disability?

Can you work while applying for disability? Social Security Disability benefits can be very helpful to those who live with a disability. While waiting to hear if you qualify for disability benefits, it is still possible to continue working. However, any income from employment may put your eligibility at risk.

How does disability determine how much you get a month?

Your benefit amount is based on the quarter with your highest wages earned within the base period. A base period covers 12 months and is divided into four consecutive quarters. The base period includes wages subject to SDI tax that were paid about 5 to 18 months before your disability claim began.

What are the most approved disabilities?

Disability and Disease Approval Rates According to one survey, multiple sclerosis and any type of cancer have the highest rate of approval at the initial stages of a disability application, hovering between 64-68%. Respiratory disorders and joint disease are second highest, at between 40-47%.

How long does it take to get disability back pay once approved?

within 60 daysIf you were approved for SSDI, you should receive the entire amount of back pay at once, hopefully within 60 days of approval. If you are receiving SSI and have substantial back pay, you may receive three different installments, six months apart.

What disqualifies a person from disability?

The legal definition of “disability” states that a person can be considered disabled if they are unable to perform any substantial gainful activity due to a medical or physical impairment or impairments which can be expected to result in death or which has lasted or can be expected to last for a continuous period of ...

At what age is it easier to get disability?

If you're between 60 and 66, you may have an easy time getting disability benefits while saving your full retirement benefits. Winning a disability claim generally gets easier for people as they become older. This is particularly true for people over the age of 60.

Does everyone get turned down the first time for disability?

No, the Social Security Administration (SSA) does not deny everyone the first time they apply. However, it does initially deny nearly two-thirds of all Social Security disability applications.

Why is my disability claim taking so long?

Because there are so many applications that are filed each year, it takes time for the SSA to process and review each one. This review time can take anywhere from 3 to 6 months on average. Most people have their initial application denied.

Do SSDI denials come faster than approvals?

To recap, there is no difference between the time frame for approvals and denials, and you have very little control over how long it takes, because it takes time for the Social Security analysts and representatives to collect evidence, obtain doctors' reports and evaluate the case.

How long does it take to get disability back pay once approved?

within 60 daysIf you were approved for SSDI, you should receive the entire amount of back pay at once, hopefully within 60 days of approval. If you are receiving SSI and have substantial back pay, you may receive three different installments, six months apart.

Who makes the final decision on Social Security disability?

While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.

How long does it take to get a disability claim?

For most people, just filling out the claim paperwork can take up to six months. You’ll need read and understand everything you need to do before you apply. That also means getting all your medical records and other evidence from your doctor.

How long do you have to be out of work to get disability?

Are you working now, even part-time? If not, how long ago did you stop working? You must be out of work at least five months before getting approved for disability benefits.

How Should You Apply for Disability Benefits?

You have a couple different ways to apply for disability benefits. First, you can file your claim for free with the SSA. This option works if you are willing to put in the time and effort. For most people, just filling out the claim paperwork can take up to six months. You’ll need read and understand everything you need to do before you apply. That also means getting all your medical records and other evidence from your doctor. Don’t get me wrong, I’m not saying not to do this… but you need to know what tasks lay ahead.

How to apply for Social Security?

Option 1: Apply On Your Own and Hope for the Best. Contact the Social Security Administration (SSA) and tell them you plan to apply. Then, they’ll send you an information packet with many different forms to fill out.

Can you make a mistake when applying for disability?

Assuming that their doctor agrees with your doctor about your disability, it still isn’t a done deal. Getting approved for disability benefits also means you can’t make a single mistake filling out the claim forms.

Do you have to do business with an advocate?

You do not have to do business with an advocate just for talking to you about your claim. You have nothing to lose talking to an advocate. But having a lawyer file your paperwork doubles your approval odds the first time you apply for benefits.

Can you get disability if you haven't worked for years?

Specifically, the SSA only approves claimants that paid Social Security payroll taxes. Being disabled isn’t enough for the government to pay you benefits. If you haven’t worked enough years or recently enough, don’t give up!

How to contact a disability attorney?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

How to get a copy of disability insurance?

In some cases, especially if you have a large employer, you may be able to access a copy of your disability carrier’s insurance policy online. But if you can’t find it, your employer’s human resources (HR) department is required by law to provide you with a copy of your disability insurance policy upon request. Federal and state laws prohibit employers from retaliating against an employee on the basis of their disability (including a suspicion that the employee is about to seek disability insurance benefits) – but if you’re worried about tipping your hand, you can easily tell the HR representative that your financial advisor, insurance agent, or estate lawyer instructed you to get copies of all your insurance policies, including life, health, and dental.

What happens if you quit your job?

If you quit your job, you’re likely to lose your disability insurance coverage. And if you’re laid off or furloughed, you may also lose your disability insurance coverage – but if you’ve already documented that you have an injury that limits your ability to work, you may still be able to make a disability insurance claim under ...

Can you quit your job if you are laid off?

But when it comes to disability claims, there are two things it’s crucial to keep in mind: Don’t quit your job because you’re unable to work or afraid you’ll be fired; and. Document your injury before you’re laid off, not after. If you quit your job, you’re likely to lose your disability insurance coverage. And if you’re laid off ...