You Must File a Timely Application. You
must apply for Social Security disability benefits within 5 years after
you stop working. Your insured status will expire, making a new claim
impossible for an impairment that began later. If there are gaps in your work history, you may have even
less time to file a new claim. Don't wait too long to file after you
stop working.
You Must Have Enough Quarters of Work. You become an insured person under the Social Security Act by working and paying FICA taxes. Most adults need 20 quarters of work to be covered. These 20 quarters generally must have been accumulated within the most recent 10 year period prior to filing a claim. Very young individuals might need less than 20 quarters of work.
Your Disabling Condition Must Last At Least 12 Months. Short term disability lasting less than 12 consecutive months is not covered by Social Security. You must have an impairment that has lasted, or can be reasonably expected to last at least 12 months.
You Cannot Be Working When You Apply. You may not be working at "substantial gainful activity" during the period you wish to receive disability benefits. In 2017, Social Security classifies substantial gainful activity as earnings/wages of at least $1,170 per month. The limit is higher for blind individuals.
You Must Have Medical Treatment. Under Social Security regulations, a disabling impairment must be medically determinable. Medical records must be available to prove the impairment and its severity. Medical treatment should be consistent and recent.
You Cannot Depend on a Social Security Doctor's Examination. Social Security may send you to a doctor with whom they contract to perform an examination. This exam will be brief and superficial. In our experience, these exams fail to help the claimant 90% of the time. Social Security will often use this exam to deny your claim. You need evidence from your own doctor who has treated you for a period of time.
You Need Support From Your Own Doctor. According to Social Security regulations, much weight will be given to opinions of your own treating doctor(s). Your doctor should provide support and this includes more than just routine medical records. Try to get your doctor to provide you with a Medical Source Statement that lists your functional limitations, such as restrictions in sitting, standing, lifting, bending, kneeling, etc. Mental restrictions, such as concentration and memory, or working with or around others should also be documented.
You May Need To Be Examined By a Specialist. 20 CFR 404.1527 provides that extra consideration may be given to a doctor who is a specialist practicing in his/her field of medicine. For instance, if you have a bad back you may need an orthopedic specialist. For arthritis or fibromyalgia, you would need to consult a rheumatologist. For heart disease, a cardiologist would be useful.
You Must File An Appeal Within 60 Days If You Are Denied. Only about 30 percent of applications are approved by Social Security at the initial level. The other 70 percent must be appealed. The 60 day deadline to file an appeal is absolute. If you do not appeal within the 60 days your claim dies and there is no appeal. Do not wait on medical evidence or anything else. File your appeal immediately, then work on whatever needs to be done to shore up the case. You will have plenty of time after you file the appeal. Appeal first, talk later.
You Must Have Enough Quarters of Work. You become an insured person under the Social Security Act by working and paying FICA taxes. Most adults need 20 quarters of work to be covered. These 20 quarters generally must have been accumulated within the most recent 10 year period prior to filing a claim. Very young individuals might need less than 20 quarters of work.
Your Disabling Condition Must Last At Least 12 Months. Short term disability lasting less than 12 consecutive months is not covered by Social Security. You must have an impairment that has lasted, or can be reasonably expected to last at least 12 months.
You Cannot Be Working When You Apply. You may not be working at "substantial gainful activity" during the period you wish to receive disability benefits. In 2017, Social Security classifies substantial gainful activity as earnings/wages of at least $1,170 per month. The limit is higher for blind individuals.
You Must Have Medical Treatment. Under Social Security regulations, a disabling impairment must be medically determinable. Medical records must be available to prove the impairment and its severity. Medical treatment should be consistent and recent.
You Cannot Depend on a Social Security Doctor's Examination. Social Security may send you to a doctor with whom they contract to perform an examination. This exam will be brief and superficial. In our experience, these exams fail to help the claimant 90% of the time. Social Security will often use this exam to deny your claim. You need evidence from your own doctor who has treated you for a period of time.
You Need Support From Your Own Doctor. According to Social Security regulations, much weight will be given to opinions of your own treating doctor(s). Your doctor should provide support and this includes more than just routine medical records. Try to get your doctor to provide you with a Medical Source Statement that lists your functional limitations, such as restrictions in sitting, standing, lifting, bending, kneeling, etc. Mental restrictions, such as concentration and memory, or working with or around others should also be documented.
You May Need To Be Examined By a Specialist. 20 CFR 404.1527 provides that extra consideration may be given to a doctor who is a specialist practicing in his/her field of medicine. For instance, if you have a bad back you may need an orthopedic specialist. For arthritis or fibromyalgia, you would need to consult a rheumatologist. For heart disease, a cardiologist would be useful.
You Must File An Appeal Within 60 Days If You Are Denied. Only about 30 percent of applications are approved by Social Security at the initial level. The other 70 percent must be appealed. The 60 day deadline to file an appeal is absolute. If you do not appeal within the 60 days your claim dies and there is no appeal. Do not wait on medical evidence or anything else. File your appeal immediately, then work on whatever needs to be done to shore up the case. You will have plenty of time after you file the appeal. Appeal first, talk later.
- "Appeal first. Talk later."
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