Four Important Aspects of Filing for Social Security Disability

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Filing for Social Security Disability benefits can be an arduous task. Every question on the application can seem as though it requires a doctor’s signature and years of medical records. With all the complicated jargon standing in the way, it’s easy to make a mistake and have your application rejected. A costly delay can put off receiving benefits for months and put your financial well-being in jeopardy. Knowing as much as possible about the process prior to filing can help eliminate the possibility of filing errors and give you the hope you need. Here are some things to keep in mind.

You’re Entitled to Retroactive Benefits

In some situations it may be weeks or months before you get the benefits you desperately need. However, it is important to know about retroactive benefits. Upon approval from the Social Security Administration, you can receive up to 12 months of retroactive payments that passed prior to your application date. You may receive the cash payments provided you weren’t working due to your injury or illness and your doctor has ruled that your injury or illness will diminish your functional capacity for at least a year. If you’re able to work a limited schedule despite your pain, there’s still a chance you’ll receive a reduced benefit commensurate with your gross monthly income.

Application Denied? You’re entitled to an Appeal

You usually have 60 days to appeal your rejection for SSD benefits from the date you receive your denial notification from the Social Security Administration. If you have been denied, it might be a good time to involve the assistance of an experienced social security disability attorney. They can help with your appeal during this ‘Reconsideration’ stage and assist in completing the application on your behalf, and submitting the document either through the mail or in person. Having a skilled legal team acquire the necessary medical records and fill out the forms for you can eliminate the chances of errors, (which may have led to your initial rejection) and the chance that you are denied a second time.

The Administrative Law Hearing

If you’re claim for benefits is denied upon written appeal, you still have options to have your case heard. The third step in the appeals process, known as the Administrative Law Hearing, presents an opportunity for you and your representatives to have a face-to-face meeting with a judge who can make a relatively immediate decision on your eligibility. Having an SSD attorney advocating on your behalf at the hearing is near mandatory to ensure your claim is heard in the proper light and all relevant evidence is put forth in a compelling manner.

Additional Appeal Options: Appeals Council

Even with three denials for SSD benefits, your application still has a chance to win approval with a direct appeal to the Appeals Council. A thorough preparation of your claim is mandatory to make certain no details about your physical condition and the extent of your injuries/illness affect your daily life and ability work are left out. These details won’t have a bearing on your claim at this stage because the function of the Appeals Council is to figure out if the judge presiding over your Administrative Law Hearing made some sort of judicial error in denying your claim. Having a clear-cut file of your medical records and work history makes it easier for the committee reviewing your case to make a decision.

Getting your SSD application for benefits right the first time can save months of financial pain and stress. Applications can be completed without the assistance of an attorney, however, if you have been denied or think you need the help, it is important to consult an experienced social security disability attorney in your state.

About the author:

Paul Young is a social security attorney and Partner at Young Klein & Associates.  Paul has been helping clients in Pennsylvania and New Jersey navigate matters related to the social security application and appeal process for over 20 years.