When Should You File for Social Security Disability?

At Cuddigan Law, two of the most common remarks we hear from disability applicants are: “I should have come to see you sooner,” and “I should not have waited so long to file my disability claim.” If you are disabled and unable to work, our best advice is to pursue a claim for Social Security disability and file the claim immediately. Do not wait for the “perfect claim,” and do not wait until other sources of income—like workers compensation—run out. Here’s why:

It is an unfortunate fact that Social Security disability cases are seriously jammed up and you are going to wait a long time to get a ruling on your claim. For the Omaha Social Security hearing office, the wait for a hearing is 15 months on average. So the wait is bad even if you file quickly, but life can be much more difficult if you wait and your financial situation takes a turn for the worse.

Many people put off filing for disability benefits because they hope their medical situation will improve. If you get better you can always drop your claim and return to work. If you don’t get better, there’s no way to make up for the time you’ve missed.

 Although Social Security only pays benefits for disabilities that have prevented a person from working for at least a year you do not have to wait that long to file for benefits if your disabling condition is expected last 12 months or longer.

Additionally, by applying for disability early, it will be easier for you to remember critical information needed for your Social Security claim, like details about how and when you were injured or became ill, what doctors you have seen, and what medical treatments your doctors prescribed.

Also, if your Social Security disability claim is denied, don’t wait to be denied two or three times before calling an attorney. Any delay can increase your wait time for benefits, have a negative impact on your case, and can potentially reduce your back pay. If you are disabled, unable to work, and are considering applying for Social Security disability or have been turned down for benefits, contact us for a free evaluation of your situation.

At Cuddigan Law we have a team of disability professionals who are in your corner and will fight for the benefits you have rightfully earned.

 

 

Sean D. Cuddigan
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SSA and VA Disability Attorney in Omaha, Nebraska