When to Apply for Social Security Disability Benefits
A disability must be expected to last at least a full year to be considered eligible for Social Security benefits. As soon as you and your doctors agree that your disability is going to last twelve months or more, you should apply for Social Security Disability.
If you have been struggling to work in spite of your disability, your condition makes it impossible to do the work you did before, and you know your condition is not going away, you should apply as soon as you stop working. You do not have to hire a Social Security lawyer to file your initial application for benefits, although it is recommended. You can still hire a lawyer even after you have filed a claim or if your claim has been denied.
A Social Security lawyer is prohibited by law from charging you large fees. A social security disability attorney receives 25 percent of the back benefits if the claimant they represent wins disability benefits, subject to a maximum fee, which is currently $5,300. The lawyer receives no attorney fee if the claimant loses. The expertise of an attorney who is trained in the Social Security system and is up-to-date with all the many changes to Social Security benefits may be of enormous benefit to you.
Coordination of Benefits
One of the greatest values of hiring a social security disability attorney resides in his or her ability to help you coordinate social security disability benefits with the workers' compensation, long-term disability, and short-term disability benefits to which you may be entitled if you are hurt. An attorney may be able to maximize your compensation so you can concentrate on recovering from your disability. Your social security lawyer may also be able to explain your eligibility for programs like Ticket To Work or PASS (Plan for Achieving Self-Support).
Retroactive Benefits
You may be eligible for retroactive benefits; that is, you may receive a check equal to the monthly payments you would have received had you been approved immediately upon application. This benefit period may go back up to one year prior to the date of application, subject to a waiting period described below.
Waiting Periods and Waiting to File
There is a five-month waiting period for benefits to begin after you've been adjudicated as disabled, and therefore eligible for benefits.
Many injured workers from North Carolina make the mistake of waiting months and even years after becoming disabled before filing a Social Security disability claim. You may have enough savings in the bank, or be waiting for your sick leave or medical leave to expire. However, delaying a claim may not be in your best interest. A consultation with an NC Social Security lawyer can help you determine the best course of action for you if you or someone you love has been totally disabled. He or she can help you coordinate your existing benefits or other claims with your social security disability claim.
Requirements for Social Security Disability Benefits
To be eligible for Social Security Disability:
- you must be incapable of substantial work,
- you must have a disability that is expected to last or has lasted 12 months, or result in death,
- and you must meet Social Security Administration (SSA) earnings requirements at the time you became disabled, for Title II, or not exceed the asset limits for Title XVI.
Social Security Administration Earnings Requirements
To meet SSA earnings requirements, you must meet two different earnings tests. The first is a “recent work” test and is based upon your age at the time you became disabled. The second is a “duration of work” test and is based upon the amount of time you paid into the Social Security program through OASDI taxes.
Some workers who are blind may only have to meet the “duration of work” test. If you are unsure whether you meet earnings requirements, you may wish to discuss your case with our social security disability team today.
Recent Work Test
Rules for the Recent Work Test are based on your age when you became disabled. Generally, you need to have worked at least one-quarter out of every year after the age of 21 to be eligible for benefits. For example, if you are disabled in the quarter calendar year in which you turn 27, you would need to have worked three years out of the last 6-year period to be eligible for benefits (Source: Social Security Administration Publication #05-10029, “Disability Benefits,” January 2006).
Duration of Work Test
For the Duration of Work Test, your work does not need to fall within a certain period of time. For example, if you become disabled at 46 years of age, you have to have worked six years to qualify for social security disability benefits (Source: Social Security Administration Publication #05-10029, “Disability Benefits,” January 2006). Your social security attorney may be able to explain these tests to you in greater detail.
What Can I Do If I Don’t Meet the Earnings Requirements?
Some claimants may not meet SSA earnings requirements because their disability may have kept them out of work for some time. If this situation sounds familiar to you, you may be eligible for Supplemental Security Income (SSI) if you can prove disability. Call us now to discuss the particulars of your situation and how an NC Social Security disability attorney may be able to help you in this kind of case.
Social Security and Workers’ Compensation Claims
If you are receiving workers' compensation benefits, or have made a claim for workers' compensation benefits, you can still file a claim for Social Security disability benefits. You may qualify for both workers' compensation and Social Security disability benefits, but your Social Security benefits will be subject to offset, or reduction, because of your workers' compensation benefits. However, in most cases there are still some Social Security disability benefits you may be eligible to receive. Your Social Security lawyer can best counsel you on your particular situation.
