WHEN SHOULD YOU APPLY FOR SOCIAL SECURITY DISABILITY?



When should you apply for Social Security Disability?



 
This question is routinely addressed by disability attorneys and by columnists. However, the simplest way to answer the question is to state that you should apply for Social Security Disability as soon as your medical condition makes it impossible for you to work, or at least work and earn what is considered to be a substantial and gainful monthly income.

Individuals who are considering whether or not to apply for Social Security Disability will often put off initiating their claim by several months. While this is understandable, it can, given the fact that disability claims filed with the social security administration can take months, even years to result in an award of benefits, be an unwise course of action.

Here is a short of scenarios that may guide when and when not to apply for Social Security Disability.

1. An individual is working full-time: the likelihood is that the gross monthly earned income of an individual who is working full-time will exceed the standard for substantial and gainful income (the actual dollar amount changes each year).



Even if that were not the case, however, the ability to work full time will not serve to substantiate an individual's claim for disability. For these reasons, an individual who is working full time should not choose to apply for Social Security Disability, but, instead, should wait until their physical or mental condition makes continuing working impossible, or make it impossible to work enough (days, hours, weeks, etc) to approach what the social security administration considers a monthly substantial and gainful income.

2. An individual is working part-time and the prospect of working full time does not seem likely due to their mental or physical condition: an individual in this type of scenario should probably make the decision to apply for Social Security Disability. The inability to work at a substantial and gainful income level will substantiate a claim for disability benefits, assuming, of course, that an individual's medical records will corroborate the individual's functional limitations which exist as a result of their medical condition.

What happens if you actually do apply for Social Security Disability while you are working? Then the outcome is one that does not involve a medical evaluation. In other words, social security will deny the claim without reviewing the individual's medical records. In other words, if a person is working and earning a substantial and gainful income, they cannot receive disability benefits no matter how disabling their condition is.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







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