Important Facts About the Initial Application
Whether or not you get legal help with your initial application, there are a couple of important facts that every disability benefits claimant should know.
It's a Lengthy Process: This is one of the most difficult and discouraging parts of the disability benefits application process. It can take anywhere from two to eight months to receive a ruling on your initial application. If you are denied benefits, which many disabled people are at first, there are several levels of appeals. Don't give up - but don't count on a quick positive decision. If you can, make contingency plans to protect your financial security.
You Don't Have to Wait 12 Months: The Social Security Administration requires you to prove a reasonable expectation that your medical condition will prevent you from working for at least 12 months. This does not mean you have to wait until you have been out of work for 12 months before you file. Doctor statements are often enough.
Special Rules Apply to Return to Work: If you apply for Social Security disability insurance (SSDI) or Supplemental Security Income (SSI), and then your medical condition improves or you are able to return to work, you will not be penalized if you choose not to pursue your claim. If you are in doubt about your medical status, it is safer to apply sooner rather than later and make sure you protect your rights.
Appeal Immediately: The Social Security Administration sets strict time limits on the window within which you must appeal a negative decision on your initial application. You must submit the first appeal which is called a Request for Reconsideration, within 60 days of receiving the denial letter.
Schedule a Free Consultation to Get Legal Advice
If you have questions about the application process then call to or use the contact form to schedule your free consultation with a lawyer at Black, Black & Montgomery. There is no charge to you for that visit and with over 60 years of combined experience the lawyers are here to help you.