Family and Disability Law Firm, P.A.

A person should apply for disability when they are no longer working full-time and they have a reasonable expectation that they will be unable to return to full-time work within 12 months.

Yes. There may be retroactive benefits if there is an extended period of time during which the person was disabled before they filed their claim for benefits.

A person should apply for SSI when they are no longer working full-time and they have a reasonable expectation that they will be unable to return to full-time work within 12 months. SSI is a two-part process to qualify. You must meet not only the disability requirements but also qualify financially, as SSI is a needs-based program.

Unlike the SSI program, SSD has no financial qualifications; however, you must be found disabled, and you must have worked in the national economy and paid into the Social Security system for a required period of time.

Simply contact your local Social Security Office and arrange for a phone interview or a live interview at the office. You can also file an application for Social Security Disability benefits online at SSA.gov.

Contact our office after you have received your initial denial from Social Security, stating that you are still able to work. If you receive benefits with your initial application, then you do not need our assistance. However, if you receive a denial letter, do not wait. Contact our office as soon as possible. You have sixty (60) days to contact our office to file the appeal. If those 60 days expire, you will have to file a new claim.

You have 60 days from the date of your denial letter from Social Security to request your appeal. If you do not file your appeal within that time, you will have to file a new claim or provide good cause for a late filing.

There are three stages in the Social Security administrative process: Initial application, Reconsideration, and Hearing before an Administrative Law Judge (ALJ). The initial application may take a few months; the Reconsideration appeal usually lasts around a month; the Request for Hearing appeal varies from state to state but generally lasts around a year. There is an additional appeal level after the ALJ decision, before the case must be taken to the federal court.

If you have received 2 denials and are waiting for a hearing and are in dire need, we may be able to help you request a critical case status. However, not all critical case status requests are approved.

If you have not yet had a hearing before an ALJ on this claim, you should only appeal. Filing a new claim would give up any claim you might have had before the date of the notice of denial.