August 2009 Archives

August 3, 2009

Winning Your Social Security Disability Claim Takes Persistence Part - II

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In our first post about Social Security Disability we looked at an interview with WBKO's Chris Allen and Cyndi Crocker. Chris and Cyndi discussed what qualifies a person for Social Security Disability and how to file for it. Today we look at another interview with Chris and Cyndi that answers some additional questions you may have about Social Security Disability.

Chris: Cyndi we've been talking a lot about Social Security Disability, remind us again what qualifies a person to receive social security disability benefits.

Cyndi: Well to be eligible for Social Security Disability you must have been unable to work or be unable to work for twelve months or more due to mental or physical condition. You also may be eligible if you have a condition that is likely to be terminal.

Chris: So how long does a person have to wait after the disability before they can apply?

Cyndi: Not even one day. As long as you can show that you have a disability that is going to last for twelve months or more, you should apply for social security as soon as you figure that out. If you think you're going to get better and return to work, it doesn't help you to apply. Timing is very important in social security disability cases. Once you file your application the social security administration is going to look no more than twelve months back to award you back benefits from the time of your disability. So what I'm saying is if you wait years after you become disabled to apply you will reduce the amount of benefits to which you're eligible. 

Chris: So what if I'm getting some other benefits like sick pay or some other type of compensation?

Cyndi: Yeah that's a great question. Sometimes people don't apply because they are getting workers compensation benefits or some type of sick leave from work. Really it doesn't matter you should go ahead and apply. There may be some type of offset between your Social Security benefits and let's say your workers comp benefits, but you may also get a check. The sooner you apply the less likely you are to end up in a situation where there is a gap from when your comp benefits ran out and when your Social Security benefits will start.

Chris: So it sounds like a person shouldn't wait and they should go ahead and file that claim.

Cyndi: I think that's right, if you're going to be disabled for 12 months or more go ahead and file your initial application.

Chris: Alright thank you Cyndi and that's legally speaking.

Posted by Bryse Yonts | | Email This Post

Posted In: Social Security Disability

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