David Kapor
(513) 721-2820
SOCIAL SECURITY DISABILITY: WHEN TO APPLY?
I recently received a call from a union member requesting information about how to apply for benefits. The member had already been off work for nearly a year as a result of an injury. I asked the member why he had not applied sooner and the member stated that he thought he had to be off work for at least a year before applying. Unfortunately, this member was mistaken. I recommend applying for disability as soon as possible following the first day you are off work as a result of an injury or other medical condition. As it stands now, there are so many pending applications, it can take a year to get through the appeals process. If you are able to return to work and remain at work after being off work for less than a year, you can always dismiss the application. On the other hand, if it turns out you cannot return to work at all, your application is now well ahead in the process towards a hearing. Additionally, if you are able to return to work after being off for more than 12 months, you can amend your application to request a "Closed Period of Disability". That is, a request for disability benefits for the year in which you were off work. Many members receive short term and long term disability benefits from their union, their pension fund or through a private insurance policy. You can still apply for and receive Social Security Disability Benefits even though you are receiving disability benefits from other, private sources. In fact, the best time to apply is when you are receiving disability benefits from a private policy or other source. Doing so provides the member with some income to carry them through the application process. Many private policies require that the member apply for Social Security Disability at the same time they apply for private disability benefits. Most private policies also require reimbursement of a portion of their back payments to the member if the member is eventually granted Social Security Disability Benefits. However, I am unaware of any private policies that do not credit the member for any attorney fees paid in connection with their Social Security Disability claim. I always advise my clients to apply as soon as they are off work. Remember, you can apply three ways: Online at ssa.gov, at your local district office, or by telephone at 1-800-772-1213. |
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