A commenter stated that, in their opinion, "It is basically too late to apply. A person can't even get a court date for more than a year and you have to be severely disabled with doctor records. And those records need to be continuous with no breaks in treatment or you can forget being approved".
There's a fair amount to address in these short comments, but I'll start with this: It's never too late to file for disability. One consistent theme I keep encountering after many years is that a great many applicants wait far too long to apply. This is because, in many instances, they are not sure that their condition will be severe enough to get them approved, or they have heard or read that the process will be long and complicated and will eventually necessitate getting a disability representative.
In many cases, I am quite sure, the individual really does not want to file a claim for disability benefits because this mentally signifies giving up: giving up on the hope that their condition will improve, and giving up on what will assuredly be a reduced financial position in the coming years...
For those who would criticize the mere fact that the social security disability and SSI disability program even exist--and there are many of these, though they become fewer as they themselves get older and more subject to developing illnesses and the occurrence of functionally limiting injuries--I should point out that even the most favorable monthly disability benefits are a very poor tradeoff for gainful employment, i.e. most people would rather be working.
Filing for disability should occur as soon as a person is unable to work and earn what the social security administration refers to as SGA, or substantial gainful activity. There is no point, of course, to filing before one's income drops below this level because the result will simply be a technical denial issued on the basis of having too much earned income. But waiting too long is equally pointless.
In the past, I have encountered individuals who have actually waited years before filing. In that time span, they could literally have initiated filing a disability application, been denied on this, filed a disability reconsideration, been denied on this, filed a request for a disability hearing, attended the hearing, and then...possibly have been approved. Waiting for interminable periods after one's physical or mental condition has robbed them of the ability to earn a livable income is never a good idea.
Point two: "A person can't even get a court date for more than a year". Yes, it can take a long time to get a date for a hearing before an ALJ, or administrative law judge. However, the social security administration has the goal of reducing wait times. And, frankly, lengthy waits for hearing dates have been the norm since, oh, the year 2001 at least. Again, to belabor the first point, you can't get a hearing if you don't follow the necessary steps that lead you to the point of being allowed to request one (you have to have been denied on a request for reconsideration before you can make a request for a disability hearing).
Point three: "You have to be severely disabled with doctor records". Correct on both counts. You must be severely disabled, and this is proven via the information contained in one's medical records, in combination with a review of one's vocational factors (how old they are, what work skills they possess, how transferrable those skills are, their age and level of education, how limiting their condition is and to what extent it may limit them from types of work they have done in the past or might, otherwise, have been able to do, i.e. other work).
What is severe according to the social security administration? Severe means having a condition that lasts for at least one full year and which has the effect of functionally limiting you to the extent that you cannot do your past work. It also means being severe enough that the functional limitations imposed you rule out your ability to do some type of other work.
Final Point: "Those records need to be continuous with no breaks in treatment or you can forget being approved." Not quite true. You can have breaks in treatment. What the social security information needs from your records is as follows: (continued on the next post)
Additional Information on:
Social Security Disability
Social Security Disability Questions
Homepage for the: Social Security Disability Resource Center
There's a fair amount to address in these short comments, but I'll start with this: It's never too late to file for disability. One consistent theme I keep encountering after many years is that a great many applicants wait far too long to apply. This is because, in many instances, they are not sure that their condition will be severe enough to get them approved, or they have heard or read that the process will be long and complicated and will eventually necessitate getting a disability representative.
In many cases, I am quite sure, the individual really does not want to file a claim for disability benefits because this mentally signifies giving up: giving up on the hope that their condition will improve, and giving up on what will assuredly be a reduced financial position in the coming years...
For those who would criticize the mere fact that the social security disability and SSI disability program even exist--and there are many of these, though they become fewer as they themselves get older and more subject to developing illnesses and the occurrence of functionally limiting injuries--I should point out that even the most favorable monthly disability benefits are a very poor tradeoff for gainful employment, i.e. most people would rather be working.
Filing for disability should occur as soon as a person is unable to work and earn what the social security administration refers to as SGA, or substantial gainful activity. There is no point, of course, to filing before one's income drops below this level because the result will simply be a technical denial issued on the basis of having too much earned income. But waiting too long is equally pointless.
In the past, I have encountered individuals who have actually waited years before filing. In that time span, they could literally have initiated filing a disability application, been denied on this, filed a disability reconsideration, been denied on this, filed a request for a disability hearing, attended the hearing, and then...possibly have been approved. Waiting for interminable periods after one's physical or mental condition has robbed them of the ability to earn a livable income is never a good idea.
Point two: "A person can't even get a court date for more than a year". Yes, it can take a long time to get a date for a hearing before an ALJ, or administrative law judge. However, the social security administration has the goal of reducing wait times. And, frankly, lengthy waits for hearing dates have been the norm since, oh, the year 2001 at least. Again, to belabor the first point, you can't get a hearing if you don't follow the necessary steps that lead you to the point of being allowed to request one (you have to have been denied on a request for reconsideration before you can make a request for a disability hearing).
Point three: "You have to be severely disabled with doctor records". Correct on both counts. You must be severely disabled, and this is proven via the information contained in one's medical records, in combination with a review of one's vocational factors (how old they are, what work skills they possess, how transferrable those skills are, their age and level of education, how limiting their condition is and to what extent it may limit them from types of work they have done in the past or might, otherwise, have been able to do, i.e. other work).
What is severe according to the social security administration? Severe means having a condition that lasts for at least one full year and which has the effect of functionally limiting you to the extent that you cannot do your past work. It also means being severe enough that the functional limitations imposed you rule out your ability to do some type of other work.
Final Point: "Those records need to be continuous with no breaks in treatment or you can forget being approved." Not quite true. You can have breaks in treatment. What the social security information needs from your records is as follows: (continued on the next post)
Additional Information on:
Social Security Disability
Social Security Disability Questions
- Will Your Claim for Disability be Handled Differently if it is Based on a Physical or Mental Problem?
- If you are denied for disability, is this based on your ability to do your past work?
- What Happens When You File a Social Security Disability Application?
- Social Security Disability Requirements
- Will a Social Security Judge give You an Immediate Decision at the Disability Hearing?
- Can You File For Disability While Receiving Unemployment?
- SSI Disability - Filing for SSI Benefits
- Disability Application - If you get denied for disability do you have to file a new one ?
- Do the Results of the Social Security Psychological Exam have any Bearing on Being Approved?
- What is the Difference Between Filing A New Disability Claim And Filing A Disability Appeal?
- The difference between an Application for disability and a Social Security Reconsideration?
- Can You Get Approved For Social Security Disability If You Do Not Take Medication Or Go To a Doctor?
- Social Security Disability, SSI, and Whether or Not a Person can Still Work
- How to qualify for disability
- Steps for Filing A Disability Claim Under SSI or SSD
- What do you Need to Prove to Qualify for Disability Benefits?
- How to File for Disability - Tips from an Insider
- Can a Congressional Inquiry Really Help Your Disability Case?
- How to apply for social security disability benefits for children
- Social Security Disability Hearing - How Do I Request One?
- Is there a Maximum I can Work and Make if I am on SSD or SSI Disability Benefits?
- When do you receive a Hearing for Disability?
- If You Get Approved For SSDI Will You Also Get Medicare?
- Can you get Social Security Disability or SSI for a short period of time, i.e. Temporary Disability?
- If I Apply For Disability And Go Back To Work, Do I Need To Report This?
- How long does a request for a disability hearing appeal take?
- How does Social Security Decide if I am Disabled?
Homepage for the: Social Security Disability Resource Center
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