There is a lot of misinformation circulating about when you can file for Social Security Disability or Supplemental Security Income benefits, or both.
You can, in fact, file for these benefits at any time; however, depending on your specific life circumstances at the time you file, various factors might affect whether you will qualify for benefits, as well as how much money you might receive.
If you are receiving worker’s compensation benefits or state disability benefits, you can apply for Social Security Disability Insurance benefits (DIB) and Supplemental Security Income (SSI) while you are still receiving worker’s comp or state disability benefits (or both). You do not have to wait for those benefits to run out to apply for DIB or SSI.
If you have an impairment that is totally disabling and not expected to substantially improve in less than one year, you can and should apply for DIB/SSI benefits as soon as possible.
Because these benefits are reserved for those with disabilities that prevent them from working, there is really no point in filing for benefits if you are working. You are not able to work full-time and receive disability benefits at the same time, except in very rare circumstances. So applying for disability benefits will really only be useful to you if you are unable to work.
If you are receiving unemployment benefits, you most likely will not be able to obtain DIB/SSI benefits while you are receiving the unemployment benefits. But you can still apply for DIB/SSI, and in most cases you should apply, so long as you do in fact have an impairment or impairments which have lasted or are expected to last for longer than one year and are totally disabling.
Remember, the sooner you apply, the sooner you will get awarded benefits, and if you are denied, the sooner you can appeal to have your claim decided by an Administrative Law Judge. So, because of the length of time it takes for a case to get approved, it may be worth it to begin the application process before your unemployment benefits have ended if you meet the other qualifications to receive DIB.
If you have questions about which factors and work circumstances will affect your case or prevent you from receiving benefits, William M. Kuntz, a trusted San Bernardino Social Security attorney, can assist you in evaluating your claim and moving it forward.
Give us a call at 951-373-3756 or contact us here to work with your local San Bernardino Social Security attorney for expert assistance on your case.
Generally, in order to be eligible for Social Security Disability Insurance Benefits (DIB) or Supplemental Security Income (SSI), Social Security requires that you prove that you have one or more impairments which prevent you from engaging in significant gainful activity for at least one year.
In other words, you have to have an impairment or impairments which keep you from working for at least one year.
Although that rule seems cut-and-dry, there are some specific variables and circumstances to consider, especially how restricted your ability to work is and whether those restrictions fall within those allowed according to your age group.
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For example, if an individual is over 55 years of age, that is generally a positive factor, since the Social Security rules and regulations take age into consideration. It becomes easier to be approved as an individual gets closer to retirement age.
Additionally, an individual who has a strong and solid work history with minimal gaps in earnings also has an advantage, since the Social Security Administration (SSA) generally looks favorably upon individuals who have strong and consistent work histories.
Also, individuals who have significant medical documentation establishing their impairments, symptoms, and limitations are also looked upon favorably by the administration, since it is always necessary to prove a disability rather than merely tell the Social Security Administration about your problems. It is not a question of what you tell them, but rather what can be proven to the SSA with medical evidence.
Social Security benefits are an important way for our society to give and receive help when people face tragedy or are in need. However, it can be frustrating if you’re denied Social Security benefits when you believe you are entitled to receive them.
Luckily, in many circumstances when you’re denied, there is still something you can do. In this post, we’ll look at some of the possible reasons that you were denied Social Security benefits and what you can do about it:
If you earn too much income to qualify, then you will be denied Social Security benefits. Those who earn less are more likely to be prioritized for Social Security benefits because of their financial need.
One of the more controversial reasons why you might be denied Social Security benefits is that your disability doesn’t qualify you for aid. If the SSA feels that your disability is not severe enough, or that you have not been affected by it for a long enough period of time, they may decide you are not entitled to benefits.
In order to qualify for SSDI benefits according to their regulations, your disability must be severe enough to last at least twelve months; if not, you could be denied benefits.
Sometimes, getting denied is more a matter of administrative snags than anything else. For example, if the SSA is unable to reach you because you’ve moved or your contact information is otherwise out of date, you might not receive the benefits you’re entitled to. You should make sure that you are easily reachable and that your contact information remains updated if you’re trying to claim benefits.
You’ll need to prove you have a disability in order to claim benefits. If you fail to provide proof by not issuing the proper medical documents when you are asked to, the SSA cannot issue benefits in your behalf. Keep all your documents organized and handy so that you can produce them as and when necessary.
If your disability is related to a drug or alcohol addiction, that may be enough for the SSA to deny your claim. A person using these substances isn’t automatically disqualified from receiving benefits, but if the SSA feels alcoholism or drug use is a major contributing factor in your disability, they can deny benefits. It is unfortunately quite common for this to happen, but if you can prove that you would still be disabled even if you stopped using substances, there is no basis to deny your claim.
In some cases, a criminal record will disqualify you from receiving Social Security benefits. If you were convicted of a felony and are currently imprisoned, were injured while in prison, or were injured while committing a felony, you will not be eligible to receive SSDI benefits.
If your doctor or physician has given you a specific treatment or therapy to follow to help your disability improve but you are not following it, that is usually enough to be denied benefits relating to that disability. You need to make sure that you are following all prescribed therapy and treatment in order to receive benefits.
A Social Security lawyer is a great resource for those filing for SSDI benefits as he or she can help you navigate your qualifications and how to correctly file a claim and submit medical records to the SSA. In the event that the SSA has wrongfully rejected your claim for Social Security benefits, a Social Security attorney can help you get the compensation you deserve.
When you find yourself in need of an attorney, one of your first concerns is most likely the potential cost. But there is generally an affordable way to get the help you need, especially if you’re looking for a Social Security attorney.
Here’s a guide to help you navigate the costs and fees of a Social Security attorney:
First, how much do you need to pay your attorney right away? In the case of Social Security disability lawyers, the answer is usually nothing. The fee will generally be paid entirely out of payments you will receive should you win your case, so there is often no immediate payment to hire a Social Security attorney.
When you hire your Social Security attorney, you will sign a contingency fee agreement. This agreement will entitle your attorney to an amount of up to, but no more than, 25% of past-due benefits you are awarded. So if you win, your attorney’s base fee will be taken directly out of the amount of money you are already owed by the Social Security Administration (SSA).
The SSA will have the task of making sure that the agreement falls within guidelines and protocols, which helps to ensure that your attorney receives what they are entitled to, but no more than that. So in addition to protecting your attorney, this agreement also helps to protect you.
Despite the fact that much of your attorney’s costs will be paid for out of the disability benefits you are awarded, there may sometimes be other costs that you’ll have to pay for, so it is a good idea to be fully aware of these from the start.
If your attorney needs to see any medical, school, or work records, for instance, then you have to produce these—and if there’s a price to have them sent, you will be responsible for that cost. Similarly, you will have to pay for things like copying and postage for those documents, if necessary.
It’s always good to get a sense of what costs your specific case is likely to have before the case starts, so make sure you ask your attorney what other costs might arise that you would be responsible for.
When you have been successfully approved for Social Security benefits, the SSA will have the responsibility of fully calculating the total amount of benefits that you are owed, including any back pay.
This will usually go back to the date that your disability began, so in some cases this could add up to a large sum of money. Or, it might be calculated from the date you were approved for benefits, back to the month after you applied for benefits. This is when the contingency fee will be taken out and paid to your attorney by the SSA, and then you will receive the rest.
A Social Security attorney can argue your case for you, working out the reasons you are owed Social Security pay and benefits and compiling the evidence to prove your claim or appeal an unfair denial.
At the Law Offices of William M. Kuntz, we operate on a no win, no fee basis, so you won’t pay any up-front fees—you only pay us if you win. With the help of an experienced Social Security attorney, you are much more likely to bring your case to a successful resolution and receive the compensation you deserve.