For disabled individuals, being without income is a scary proposition. You have bills to pay and a family to care for. And yet, applying for Social Security disability benefits designed to help people like you can be complicated and frustrating, and waiting for approval is financially draining. At Silver & Silver, our experienced Woodbury Social Security disability attorneys are here to answer your questions about when to apply for disability benefits and how best to set yourself up for approval.

 

When is the Best Time to Apply for Benefits?

Many people suffering from a disability wait too long to apply for SSDI benefits. They wait until their workers’ comp or private disability insurance runs out, or they wait to see what the progression of their disability will be. But because of the long and grueling eligibility process, waiting to apply for benefits is never a good idea. 

The best time to file? The answer is to get the ball rolling as soon as your disability affects your ability to work! 

 

How Long Does It Take to Get Approved for Benefits?

According to Social Security’s website, it generally takes “about three to five months” for an applicant to get a decision about their benefits. But our current reality is quite different. 

Since 2019, the average wait time for an initial SSDI decision has increased from four to seven months. In 2023, the average time for an initial decision was between 218 and 225 days. 

Then there are the denials. A decision isn’t necessarily an approval. SSA’s data suggests that an average of 67 percent of initial disability claims are denied. This means that applicants denied eligibility will have to wait for their claim to go through another time-consuming appeal process.

 

Why Does it Take So Long?

The initial application process requires an in-depth evaluation by Social Security’s Disability Determination Services. However, this process takes longer than ever because DDS’s workforce has significantly declined over the past decade. In addition, the increasing attrition rate of personnel, often involving the most experienced agents, leads to longer wait times for decisions. For the first time in history, over a million people are awaiting their initial disability claim to be processed. Unfortunately, most disability applicants aren’t emotionally or financially prepared for this. 

As an SSDI applicant, you don’t have months and even years to spend in limbo waiting for approval for benefits. Getting the assistance of a skilled SSDI lawyer ensures that your initial application is comprehensive and correct, so it is less likely to get denied at initial application and stuck in the appeal process.

 

Getting Yourself Prepared to Apply for Benefits

Social Security will begin by focusing on your ability to work or participate in “substantial gainful activity” to determine your eligibility for benefits. If you’re applying for SSDI disability benefits, you must understand the process and how your circumstances fit into it.

 

Have you paid into the Social Security system during your employment?

To qualify for Social Security disability benefits, you must have paid into the system during your employment and worked within the last ten years.

 

Are you still working?

You may qualify for SSDI while you’re still working, but Social Security will look at the amount of your current earnings. If you’re working, you can’t earn more than an average of $1,550 (2024 figure) per month. 

 

How severe is your condition?

Social Security will then consider your condition. Your disabling condition must be severe enough to impact your ability to perform basic work-related activities significantly. It must also be expected to 1.) last for a year or longer, or 2.) result in your death. 

 

Is your condition on SSA’s list of severe medical conditions that define a disability?

Commonly referred to as the “blue book,” Social Security maintains a list of disabling conditions that meet their definition of disability. Does your disability automatically qualify under SSA’s definition?

 

What happens if your disability doesn’t appear on this list?

If your condition is not on this list, SSA will have to determine whether your disabling condition is equal to or exceeds the severity of a condition on the list. 

 

If your condition doesn’t meet this criteria, does it prevent you from performing your past work?

If your condition interferes with your ability to do the work you did previously, Social Security will then decide if you can do something else less demanding. They do this by considering your condition, past work experience, age, education, or any transferable skills you have. 

Needless to say, qualifying for Social Security disability insurance can be complex. You will want to understand how they make decisions, concisely and accurately complete your application, and include comprehensive and correct supporting material to defend your SSDI claim.

 

Understanding the Social Security Disability 5-Year Rule

If you were a former recipient of SSDI but now need to reinstate your disability benefits, there may be a way to expedite this reinstatement without going through the entire application process again.

Commonly referred to as the Social Security disability 5-year rule, you have five years from the time your benefits ended to get them reinstated. You may also qualify for temporary payments awaiting the decision. However, once those five years have passed, you will have to file a whole new application and go through the qualification process again. 

 

Why Should You Get the Help of an SSDI Lawyer?

Not only is applying for Social Security disability benefits complicated, but new ridiculously long wait times can be devastating when you need benefits now. 

If your application is not completely accurate or makes a strong enough case for the seriousness of your disability and needs, it can result in a denial. Your claim then will get caught in time-consuming appeals. 

As an applicant, you’ll want to ensure that your disability claim is as comprehensive and accurate as possible to avoid a denial. Hiring an experienced SSDI lawyer who fully understands the qualification criteria and knows what Social Security looks for during the application process can be critical. A Social Security disability attorney can advise and guide you so you are more likely to get approved the first time. 

 

What Sets Us Apart

At Silver & Silver, our experienced Woodbury Social Security disability attorneys understand how critical these benefits are to your physical, emotional, and financial well-being. Our experienced SSDI lawyers are proud members of the National Organization of Social Security Claimants’ Representatives, a specialized group of attorneys dedicated to representing disabled applicants from initial application through the appeal process. Call us at (610) 638-7255 to schedule a free consultation or contact us through our website contact form.

 

Disclosure:

This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.