In order to be considered disabled, a claimant must have a physical and/or emotional condition that renders them incapable of performing substantial gainful activity for an expected period of at least one year or is expected to end in death. Factors that are considered in deciding whether or not you qualify include a claimant's age, education, and past work history. Many hardworking people feel uncomfortable about applying for SSD benefits because they have the misconception that they are asking the government for a, "hand-out." That is not true! Most of my social security clients have been paying in to the social security system since they got their first part-time job as a teenager. An application for social security disability benefits is simply a request that the Administration apply the rules to their case and make a determination as to whether or not they are permitted to take their social security benefits early because of a disability which prevents them from working. It's certainly not a hand-out!
Claimants should apply as soon as you and your doctors agree that you should not be working due to a condition that is expected to last for at least one year. Oftentimes, people have to wait and see what happens with their medical conditions and continue working but should apply as soon as they stop working and it is apparent that the condition is not going away.
Yes. Backdated benefits are awarded for up to one year before you applied as long as you were not working and you can prove that you were disabled for that time period.
Normally, you are given 60 days to appeal any unfavorable decision on your disability claim. More often than not, claims are denied after the initial application stage. If the initial application is denied, as soon as our firm receives that letter of denial we send out the appeal form that same day in order to avoid any delays with the appeal process.
The timeframe to receive an initial decision usually varies pretty widely from case to case based on the amount of medical evidence and the type of conditions you are claiming. However, 6 months is not an uncommon wait time for the SSA to make an initial decision on your application.
You can hire a representative at any time during the process. The representative will be paid out of any backdated benefits usually at 25% of that amount. The representatives fee is normally a maximum of $6,000, but no fee is due unless we are successful in your claim. The fee is usually deducted automatically by the SSA and delivered directly to our firm. One thing that most social security claimants DO NOT KNOW before they hire a representative is that non-attorney representatives charge the same fee as an attorney who has been practicing social security law for over 18 years, like E. Lynn Gibbons. It doesn't make sense that so many people would put their family's livelihood in the hands of a non-attorney representative for the same cost as having a seasoned, skilled lawyer advocating their claim.