Welcome to Lesson 13 
Six Little Know Tips To Help You Get Approved For Disability And Maximize Your Back Benefit Check
Watch this video and I will walk you through them all.

1.  Why you should apply before the first of the month. 
The waiting period is five full calendar months.  If you apply on the
15th of the month, your waiting period will start on the first of the
following month.  In effect, this makes your waiting period 5.5 months.

If you apply on the 29th of the month, your waiting period will start on the first of the following month.

See SSA web site for more details
https://www.socialsecurity.gov/OP_Home/handbook/handbook.05/handbook-0502.html

2.  File within 17 months so you don't leave any money on the table... 
A key to maximizing your disability check from the get go is to file within 17 months to get all of the back benefit money to which you are entitled.  

Here is the deal ... SSA allows you to collect up to 12 months of back pay going back from the date you file your application to the date you can prove you became disabled.  
 
Because the first five months are not included in the 12 months, actually the total months you can go back to is 17.  Five-month waiting period plus 12 months = 17.

If you have been out of work for more that 17 months, you are losing $33.00 a day based on an average check of $1,000.00 a month plus your Medicare insurance. 

I suggest you stop what you are doing right now and get your application filed.

If you would like one of our Disability Digest Advocates to help you with your application strategy click here:  See SSA details here.

3.  How an unsuccessful work attempt can put more bling in your bank account
If you were out of work from thirty days and then went back to work for less than six months (Social Security calls these events unsuccessful work attempts), you could be eligible for more back benefits and a shorter wait for Medicare.   

Here is how...  In Social Security Administration (SSA) lingo, the date you claim to have become disabled on your disability application is called your onset date.  Most applicants file using the most recent date they were out of work as their onset, which would be correct unless there is a UWA. 

However, If you have had a failed work attempt, it is possible that you could move that onset date back to the date your UWA ended. 

EXAMPLE 1:
Its July and you have been out of work for seven months since January 1.  A UWA moves your onset back five months to July of the prior year. 

After you factor in the five-month waiting period, you now have seven months of back benefits instead of two.

Based on the average check of $1,000, this would be an extra $5,000. And because the Medicare waiting period is 24 months from your onset date, you just chopped five months off that waiting period.

EXAMPLE 2:
John  files an SSDI application in August 15 claiming an onset date of July 1. John returns to work in November and December  then stopped working because of his impairment.  His work attempt is an unsuccessful work attempt, so he is entitled to an
earlier onset date of July 1.

If the UWA is between three and six months long, adding more back
months is not as clear cut.  Commonly, an evaluation is required to
determine how much you were working, the number of absences, 
special accommodations, and more... 

Beyond six months is more complex, but it definitely can be done
and is worth a shot.

If you would like one of our Disability Digest Advocates to help you with your application strategy, click here:

To learn more about this, read the transcript of this interview:

See SSA ruling 84-25 for details this tip. 

4.  Denied in the past and didn't appeal? .....It may not be
too late.

When denied Social Security disability benefits, your letter indicates
that the standard amount of time that SSA puts on your denial notice
is 60 days.  Note that this is 60 days from when you received the notice. 

Now we have found some loopholes deep inside SSA regulations
that could allow you to revisit your denied case and collect monies you are owed. 

These regulations read that you can appeal a denial:
> up to one year for any reason,  
> up to four years for good cause, and 
> No time limit if you had a mental impairment and were not represented (such as schizophrenic,  paranoid, anxiety-related disorders,  personality disorders and substance addiction disorders).

Any reason is just what it says ... but the reason needs to be valid and is not automatic. Some reasons that might fly are ...

> you did not receive the notice, 
> you were hospitalized during the time of the appeal, or 
> your condition prevented you from comprehending the notice. 

Good cause is a valid reason. For example:
> You can provide new evidence that is rock solid 
> SSA made a real blunder, like a clerical error in the computation or
recomputation of benefits was made.
> The evidence that was considered in your prior case clearly shows
that an error was made.

If you can open up a prior denial, it could make a HUGE difference
in your back benefits plus the date of your Medicare qualification.
You will have to file a new application, then make a request to
open the old claim. 

SSA good cause for reopening here

SSA regulation time frame for reopening here

SSA ruling SSR- 91-5 for mental impairments case reopening: 

5.  How many credits you need to qualify. 
If you worked and paid taxes on over $5,000 of income for 50% of
the last ten years, then you likely have 20 credits.

In 2012, you receive one credit for each $1,130 of earnings, up to
the maximum of four credits per year. 

A.  Age 31 or older, you will need 20 credits out of 40. 

B. If you become disabled before age 24, you generally need one 
and one-half years of work (six credits) in the three years before
you became disabled.

C. If you are 24 through 30, you generally need credits for half of the time between age 21 and the time you became disabled.

Wondering if you have worked enough to qualify for disability or how much your disability check amount would be? The Social Security Administration (SSA) new online service makes it fast and easy for you to view your benefits.

Once you set up your online account, you can log in at any time 
and get an estimate of your retirement, disability, and survivors
benefits. To get started click here:

SSA regulation on work credit qualification 404.130 2 c

SSA explaination of how you earn credits

 

If you have not worked more than 50% of the last 10 years and SSA says you do not qualify because of this, don't give up because there is a loophole that may apply to you.

If you were insured for SSDI and being treated at this time by a doctor who will still support your claim, you may have a shot at getting approved.  Here is an example that is based on adding five years to the date of disability. I will use 1995 as an example:

If you last worked in 1995, do you believe there is significant medical evidence to support your inability to work in any capacity between 1995 and 2000 AND do you have a doctor, who you treated with during that specific period of time, who would support your claim for total  disability benefits?

If yes to the above, then you may have a shot at proving your case.  Please note that these cases are likely to go to court.   Because of this, I would encourage you to consider using a Social Security
Disability representative.

Lastly,  if these tips have your head spinning, I encourage you
to speak with a Disability Digest Advocate to get your questions answered and learn what the next steps are: 

Sincerely,

Brian Therrien