Is filing for Social Security disability right for me?

Filing for Social Security Disability benefits can be an intimidating process. Do you or a loved one have a disability? Before you file, here are some basic points to ponder while you are considering filing.

This is not a comprehensive list, but simply some initial thoughts to ponder while you consider whether filing disability benefits is right for you or your loved one.

If you would like to talk more in depth about filing for Social Security Disability benefits, please feel free to email me at sara@nelsonlawfirm.online, or call me at 719-291-9369. Delay can potentially cause loss of benefits, so call today.

• In adult claims, have I been out of work for a year? To file for disability benefits, Social Security typically requires that an individual be out of full-time work for about 12 months prior to being eligible for benefits. While it is generally okay to file for benefits prior to a year from the date you stopped working, the disability must be expected to last 12 months or result in death, before an approval can be made.

  
  

• Can children file for disability? Yes, there are Social Security programs available for children who have disabilities. Child cases can be complex. Call or email me today for more guidance on getting a child's claim for benefits started.

  
  

• Are there different types of disability benefits? Yes, and there is likely a program that will suit your needs. Social Security has various disability programs. The first is Supplemental Security Income (Title XVI). This is a means tested program and is a set monthly benefit. This might be right for an individual who has had a lifelong disability or has never worked. However, if you have a history of working full time, you may also be eligible for Disability Insurance Benefits (Title II). Under this program, your disability payments are based on how much you earned and may be more than Supplemental Security Income. However, there are more time limits in the filing of this claim from the date you stopped working.

  
  

  Do I need to have my medical records? With a proper electronic release, Social Security will be able to obtain some electronic medical records. However, it is ultimately your burden to submit enough evidence to prove disability. It is never a bad idea to have relevant medical records on hand, particularly if you have provider statements indicating you have a functional limitation. This could help fill in the gaps of what may be missing and help your application flow more smoothly.

  
  

• Are there certain conditions that get quick approvals? Yes, there are some conditions that Social Security as designated as compassionate allowances or terminal cases. If you believe you may have one of these conditions, it may be best to contact a lawyer who practices in Social Security Appeals right away as you may be losing out on benefits the longer you wait.

  
  

• Does my age matter? Yes, in many cases. There are medical vocational rules that can be used to find disability as an individual ages and has less ability to perform various physical demands of work. If you have questions about this, you might consider contacting an attorney who practices in the area Social Security Appeals to see whether a medical vocational rule might apply to your case. This could speed up your approval.

  
  

• Should I cooperate with Social Security in processing my claim? Generally, yes, especially if you are unrepresented by a lawyer. If you are unrepresented (in other words, you have not hired an attorney), Social Security may reach out to you directly about your claim. Once you verify the identity of the person calling, it is often to your benefit to listen to what they have to say and promptly complete any missing forms they request. This may ensure a smoother process and may speed up the determination. However, if you have an attorney, then have your attorney do this work for you. Simply inform your attorney about the issue and let them fill out the forms and/or return the calls for you.