Use This Link to Contact a Disability Advocate
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. 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 2015, Social Security classifies substantial gainful activity as earnings/wages of at least $1,090 per month.
You Must Have Medical Treatment. Under Social Security regulations, a disabling impairment must be medically determinable. Medical records must be available to support the impairment. 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 99% of the time. Social Security will use this exam to deny your claim.
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, 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.
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 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.
Most Appeals Are Handled By a Professional Disability Advocate or Attorney. Social Security appeals comprise a highly specialized field and require knowledge, skill and experience. Contact a professional advocate, such as the Forsythe Firm, to help you with the appeal. We offer free claims evaluation and never charge a fee unless you win. We will also help insure that you receive maximum benefits, including back payments.
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. 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 2015, Social Security classifies substantial gainful activity as earnings/wages of at least $1,090 per month.
You Must Have Medical Treatment. Under Social Security regulations, a disabling impairment must be medically determinable. Medical records must be available to support the impairment. 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 99% of the time. Social Security will use this exam to deny your claim.
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, 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.
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 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.
Most Appeals Are Handled By a Professional Disability Advocate or Attorney. Social Security appeals comprise a highly specialized field and require knowledge, skill and experience. Contact a professional advocate, such as the Forsythe Firm, to help you with the appeal. We offer free claims evaluation and never charge a fee unless you win. We will also help insure that you receive maximum benefits, including back payments.
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