This is a more complex question than it may seem at first, but I will try to explain my answer in some detail. To begin with, your inability to work must be due to medical problems, whether physical or mental. In other words, no matter how long you are out of work, you cannot get disability unless your inability to work is caused by medical conditions.
Assuming your inability to work is due to medical problems, federal law identifies the time period necessary to claim disability. Under the Social Security Act in order to be considered disabled, you must have been out of work or be expected to be out of work due to medical problems for at least one year. That means if you have already been out of work for one year as a result of medical conditions, you would be eligible.
How Long Does It Take to Get Approved for Disability?
However, it is the second part of this definition which is the most important. Specifically, if you are expected to be unable to work for at least one year due to your medical conditions, then you are eligible immediately even if you have not been out of work for one day on the date you apply.
A lot of people call my office indicating that they want to apply for disability due to medical problems. They describe their medical conditions and explain how awful they are. I then ask how long they have been out of work. They say they still work full time. At that point I tell them they have no case at all.
Before you can claim disability (an inability to work), you must generally not be working in any significant capacity. If you are still working then you cannot claim that you are unable to work. Again, you must have been out of work or be expected to be out of work for at least one year before you apply.
The toughest scenarios are when someone has been seriously injured but it is not entirely clear whether they will be out of work for a full year. My recommendation in that instance is always to apply and see what happens later.
If you apply and later return to work before a year is up, then you can just drop your application at that time. If you end up not being able to work for a year or longer, then you will be glad that you got the process started already. If you are over 50 years of age, I would always recommend being on the safe side and applying for benefits as soon as possible.
How to win a social security disability federal court appeal?
It is possible to get approved for social security disability benefits without facing denial if you follow all levels of the appeal process according to the guidelines. When people file for disability benefits, they typically don’t even think of the possibility that they will face denial or end up in the Federal Court.
But when it actually happens, many people become paralyzed at the thought of what to do next. If you fall under such a situation and want to win a social security disability federal court appeal, speak with an attorney for sound advice on how to proceed. Experienced attorneys have background and experience with various disability situations. The have handled similar cases and can help you avoid obstacles in the process. They can provide you with the legal representation you need to ensure your case is handled efficiently and with the best possible outcome.
Many people worry about the legal costs of filing an appeal. However, if your attorney is willing to work on a contingency basis, you will not have to pay out anything at this point in the process. If you cannot afford these fees at a point in the future, you may give a written request for a waiver with proof that you are not in a financial position to pay.
Filing the appeal is an important step. When you have an attorney by your side, they will file a proper ‘complaint’ in the Federal District Court. This will provide thorough information as to your reason for appeal.
This process may sound complicated, but a reputable attorney can handle the process efficiently and effectively.
How long does it take to get a disability once approved?
If your application gets approved, it typically takes one to two months before you receive your first payment. In most cases, it will take even longer before receiving your back pay. The back pay will be calculated from the date when you first became disabled. The disability claim process can take months or years to complete. But, if your case is gets delayed for some reason, such as an appeal in federal court, you may not have to worry about the amount you will finally receive. This is because the Social Security Administration will pay everything by calculating every expense you had to pay after facing disability, even while going through the appeal.
How long does it take to be approved for disability?
The duration can vary from person to person. It also depends on the thoroughness of your appeal, the length of time needed for verification of medical documents and other evidence you have submitted in support of your appeal, etc.
The initial stage of the SSD benefits application process takes almost three to four months to complete. If your disability case is powerful, and you have completed the disability application by following all the guidelines by SSA, your application will not be denied. For this, you must submit all necessary documents to show your long-term disability issue and other required criteria to qualify for disability. If you don’t do this, you may face denial, you will then have to move forward with the appeals process. You can appeal the decision up to a maximum of 60 days from the date you faced denial. An experienced attorney will represent you well during your hearing and will fight for your rights.
Since the process can be long, it is better to be safe and seek the counsel of an experienced disability lawyer who can analyze your case and provide you with expert representation.