Social Security | Law Offices of Dr. Bill LaTour

When You Should File for Social Security

Most people are aware that social security disability is available to help when they suffer a disabling injury or illness that leaves them unable to work. There is, however, still a lot of confusion about when and how to file, how long you need to be off work or the benefits you can request. Learn the details of when and how you should file for social security disability, what you need to provide and how an attorney can help.

Social Security Basics

There is no set amount of time that you need to be out of work before you can qualify for social security. SSDI is there the moment you receive a disabling condition. However, you do need to have built up enough work credits prior to applying. In general, if you’ve worked steadily for a year or more, and your disability prevents you from making $1,090 income per month, you are likely eligible. However, it’s important to realize that the process of getting approved can take up to a year. This means that the sooner you apply, the better off you are.

Employment Status

If you are currently holding down a job, even part-time, and the SSA determines that you’re capable of earning at least the minimum amount of $1,090 monthly, you may be denied as not being disabled. If you are currently not working, this won’t be an issue.

However, if you’re receiving unemployment benefits you could run into snags. Unemployment relies on you being able and willing to work, which indicates that you’re not disabled. To be able to collect both unemployment and disability, you need expert representation to prove specific conditions exist.

Medical Care Status

If you’re not currently under the care of a doctor for your physical or mental condition, you could run into problems getting approved. The SSA wants to see detailed records of your treatment and medical visits to back up your disability claim. If you’re not seeing a doctor, this can raise questions about the seriousness of your condition.

Protective Filing

Protective filing is an option for those who need to delay their filing until unemployment runs out or until they can begin medical treatments. In this process you get in touch with the SSA and inform them that you will be filing a claim in the next couple of months. You must provide a date of filing, and you can actually place your claim within six months of that date.

Getting Help

Any time you need to apply for SSDI, it’s a good idea to consult with an experienced social security and disability benefits attorney. A good lawyer will be able to help you avoid the many pitfalls with your application, expedite the results and even help you get the benefits you need to continue living a productive life. Look over some more information about applying for SSDI, and contact us for more information today.

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