Waiting Too Long to Apply – Connecticut Injury Lawyers
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Waiting Too Long to Apply

If you wait too long to file a disability application, you could face some issues when pursuing SSDI benefits. You may lose out on backpay for the months you waited, meaning you have lost time and resources. Your medical records could become less useful in determining your case, forcing you to waste more time when you could receive benefits. You need to make sure you start your application as soon as possible to avoid any delays.

Outdated Medical Records

The biggest issue with waiting too long to file your application is the aging of your medical records. The Disability Determination Services (the office that does the initial application screening) will mainly be looking through your medical records to make their decision. If you have waited too long, they may want you to see your medical provider again to re-establish the accuracy of your claim. This will only prolong the time you are without benefits and force you to redo things you have done before. If you have to undergo more examinations, the SSA may ask you to see medical professionals that work for them. These would be doctors that have not seen you before, especially outside of the realm of your claim. It will always be better to be seen by your medical professionals, as they will have more knowledge of your case and more time to consider the course of treatment and prognosis. If you can, you should apply for benefits as soon as possible so you have the most information to offer.

Ineligibility for Backpay

There is no actual rule stating when you must apply for SSDI. It is a common belief that you cannot apply until your disability has been ongoing for 6 or 12 months. This is wrong, but it is a twisted version of the truth. You should apply for these benefits as soon as you cannot work, but it must be for a condition that will stop you from working for at least a year or ultimately result in your death. So if your doctor shows that you cannot work for at least 12 months, you should apply immediately. The less exciting news is that if you are approved, your payments will not begin until you have waited five months from the onset of your disability (NOT your application date or the date of your approval). The application process is usually fairly long anyway, so it is possible that, even if you apply as soon as you become disabled, your waiting will be over by the time you are approved.

If you waited for a while after being diagnosed to submit your application, you could become eligible for backpay if you can establish it. However, it is not an unlimited time window because you can only collect payments for up to a year before applying. For example, if you waited three years after the onset of your disability to apply for benefits, you could get backpay for the year before you applied but not anything previous to that. Try your best not to wait over a year after onset to apply, or you are losing out on benefit payments. It’s in your best interest to start your application as soon as possible.

Lack of Benefits from Employment

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SSDI is paid to people that are unable to work. This typically means that they lose the benefits that they receive from their job, like health insurance. If you continue to wait to apply after quitting work, you may need to see doctors on your own dime. This is untenable to a lot of people who are now disabled and out of work. To avoid this, you should apply for disability as soon as possible. Anything that delays your application will only cost you money from your pocket, benefit payments, or valuable time.

Call an Attorney Today!

The application process can be daunting, but waiting could very well make it harder. There are ways to correct mistakes that are made, but you will need to work to support your claim. Hiring a lawyer early on in your case could ease these worries as you can rely on a trusted professional to juggle everything. It is important to find an attorney trained and who works in disability law as the intricacies can quickly become unruly for someone who doesn’t know this area of law. Contact us today to get professional help that could win your case.


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