Saturday, December 6, 2014

Why is it important to file as soon as you become disabled

The importance of filing quickly

A lot of people like myself put off filing.  I didn't want to be a drain on society, I wanted to be able to support my child (now children) without the help of the government.  Let's be real, Social Security isn't exactly solvent.  

The most important and surprising issue, in my opinion is this: your credits expire. For me, this happened on June 30, 2013.  SSDI is just like any other insurance policy, if you don't pay into it for so long the policy lapses.  It's important for you to know when this happens so you file before the deadline, if not you could lose your chance at benefits.  You can get this information by calling the SSA and asking.  The loophole to this problem is whether or not you can prove your disability began before your date of last insured.  Of course, none of this applies to SSI cases.

How much time is taken throughout the process

Another issue with delaying the application is that it takes a long time to be approved.  Most claims are denied at the application stage.  If this happens you have to appeal within 60 days of your denial.  This means that you request a hearing before an Administrative Law Judge.  There is a huge backlog, so many people wait a year or more for their hearing.  The quicker you file, the quicker you get your benefits if the judge rules in your favor.   If he does not, you can ask for a hearing before the Council, who will determine if there were any mistakes made by the judge when he heard your case.  If they do, then they remand the case back to your judge.  If he still determines that you are not disabled, you can request an appeal in Federal Court.  If any errors occurred, then they will remand the case back to the ALJ.  This is an extremely long process. Years.   

No comments:

Post a Comment