Today’s post comes from guest author Barbara Tilker, from Pasternack Tilker Ziegler Walsh Stanton & Romano. Please call our office if you have any questions about applying for SSDI in Nebraska. Our firm knows how SSDI claims interact with workers’ compensation claims and other employment laws.
Filing for Social Security Disability (SSD) can be a lengthy process. Every case is different, and some are processed faster than others. However, we’ve found that it takes the Social Security Administration (SSA) between four (4) to six (6) months to make an initial decision. If that decision is unfavorable (and about 70% of initial decisions are denials), it can take between eight (8) to twelve (12) months to have a hearing before an Administrative Law Judge (ALJ) scheduled. A year to a year-and-a-half wait is not uncommon.
You should file as soon as you know that you will be out of work for at least twelve (12) straight months OR if your condition is expected to result in death.
Due to the lengthy process, you should file for SSD as soon as possible. You should file as soon as you know that you will be out of work for at least twelve (12) straight months OR if your condition is expected to result in death. If you will not be out of work that long, you should not apply for SSD, unless your condition is expected to result in death. You should talk to y our doctor to see how long he/she expects you to be unable to work. Your doctor’s support is incredibly important to your case – something we’ll talk more about in the future – so talk to him/her before making the decision to apply.
In order to make sure that you get the maximum amount of benefits you’re entitled to, your application must be filed within 17 full months from the time that you become disabled and unable to work. If you’ve already been out of work for a year or more, consider putting in an application right away to prevent any loss of benefits you would otherwise be entitled to.
Once you’ve spoken to your doctor and made the decision to apply, contact our office to schedule an appointment.
This is the next post in the series that looks at the basics of workers’ compensation. If you receive both workers’ compensation benefits and Social Security Administration disability benefits, please be aware of the concerns raised here.
The most important thing a worker who is entitled to receive both workers’ compensation and SSA disability benefits can do is report the amount of workers’ compensation benefits to the Social Security Administration, in writing if possible. Failure to do so can result in an overpayment that may not be uncovered until years later and may be thousands of dollars.
However, the reporting of these benefits doesn’t ensure the SSA will make the proper adjustment to your SSA monthly benefit. As such, it’s important to follow up with the SSA once you have reported your benefit amount to ensure they adjust your SSA benefit to account for this. This will help ensure an overpayment is not found years later. Be sure to ask an experienced workers’ compensation lawyer if you have questions.
Please read the previous blog posts in the workers’ compensation basics series by clicking on these links:
Having physical or mental impairment will not automatically make you entitled to Social Security Disability benefits.
Many people believe that if they suffer from a physical and/or mental impairment and can’t find work, this means they should be on Social Security Disability. This simply isn’t true.
Disability is not necessarily tied to your ability to obtain work, or your inability to perform one main occupation. The Social Security Administration (SSA) will review your employability not just in your immediate locality, but also in the state and region in which you live.
While only employment opportunities in your immediate areas are considered for workers’ compensation, the same is not true for social security disability. If you are unable to find work in your immediate area, the SSA requires you to move to a locality where a job exists. Note that the SSA’s responsibility doesn’t include having to find you employment, but only to establish that you are physically and mentally capable of performing that job if a position became available.
Additionally, your inability to perform the work you’ve done for years or decades does not automatically qualify you for disability. The SSA will consider skills you’ve acquired from your work life in determining whether those skills allow you to “transfer” to or perform other occupations. It’s important to also remember that the SSA isn’t really concerned with how much those other occupations may pay. If you can work full-time in a position that is available in your state and region, this will normally disqualify you from receiving disability.
The conditions which the SSA imposes upon a claimant are unfortunately, not always feasible or fair. Nevertheless, as it is the current state of the law, compliance is required.