Under no circumstance should you delay in filing for Social Security Disability (SSD) after becoming disabled because it can take at least six months to receive your first disability check and can often drag on much longer. Whether you are receiving workers’ compensation, have money in the bank to live off, or if you are on sick leave, none of these are reasons to delay filing for SSD. If you do, there may be a gap between checks. The only qualifier is that your injury cannot be a minor illness and likely to last less than one year. If your injury is serious and you will likely be out of work for a year or more, and if you earnings drop below $900 a month – file immediately!
Expect that from the time you apply for disability, and then address the appeals process with a Request for Reconsideration and a Request for Hearing before an Administrative Law Judge, the process can take up to three years.
If you are receiving workers’ compensation, there may be an offset that reduces Social Security Disability (SSD) benefits.
In the end, the decision to apply for SSD benefits rests with whether or not you qualify and whether or not you believe you will be found disabled. Remember – your disability must be expected to last at least a year to be considered for SSD benefits. The Jacksonville Social Security Disability attorneys at Farah & Farah can make sure you do not miss any deadlines which will hurt your ability to make a successful claim.
Generally five months will pass before you can receive your first check. For a disabled Widow and Widower, again the five month deadline applies, however for a disabled adult child, there is no five-month waiting period, but your benefit cannot go back more than six months prior to the claim date.
Do not be surprised if your first claim is denied as 80% are denied initially. At that time, you must apply for reconsideration and that is when it’s strongly advised you consider hiring a Jacksonville Social Security Disability attorney to represent your rights as you may only have one chance to make it right.
It could take you 541 days to be reconsidered, as that is the national average. And Farah & Farah’s Social Security Disability attorneys find that in a little more than half of the cases, the claimant will win the reconsideration.
If you plan to appeal, you must file a request in writing within 60 days after you get the letter denying your claim. There are four levels of appeal and it is at this point that you should have an experienced Florida Social Security Disability attorney by your side to increase your chances for a successful recovery.