Disability Deadlines and Forms
To qualify for Social Security disability insurance you must have worked both long enough and recently enough to qualify for benefits. Most people need 20 credits earned over 10 years to be eligible for disability benefits. You can earn up to four credits a year. The date on which you can lose your eligibility is called the “date last insured” (DLI). When you stop working credits start to expire.
There are important SSA appeal deadlines that cannot be missed, otherwise you can lose the right to appeal a denial. If you have any questions regarding appeal deadlines or other dates related to Social Security disability please contact us for a free consultation from one of our Minnesota disability lawyers.
It is important to apply for disability benefits before too many credits expire and you lose eligibility. If there are years from the time you stopped working to the date you became disabled, credits will automatically expire and you can lose eligibility.
You can count backwards from the date your disability started to calculate whether you have a sufficient number of credits. Because of the danger of losing eligibility based on expired credits it is a good idea to apply as soon as possible after becoming disabled.
If you need help finding out if you have enough work credits and are eligible for disability benefits you can contact one of our Minnesota disability lawyers for Social Security disability at Fields Law for a free case review.
Five Month Waiting Period: Once you are approved for benefits there is a five month waiting period before you will begin to receive disability benefit payments.
Twelve Months Retroactive Period: The SSA will only pay you for 12 months of retroactive benefits from the date that you apply for disability benefits. This assumes that your Established Onset Date (EOD) is at least 17 months before you apply for benefits. It does not matter if you were disabled several years in the past. This is another reason why it is important to apply for disability benefits as soon as you become disabled to avoid losing past benefits.
IF YOUR CLAIM IS DENIED. If your claim is denied after your initial claim is filed or you disagree with any other decision Social Security makes, you may appeal the decision. There are four levels of appeal:
- Appeal from denial of initial benefits. You have 60 days to request reconsideration of a decision of denial. Additional information may be supplied to Social Security with the request for reconsideration.
- Appeal from denial of reconsideration claim. Within 60 days of denial of reconsideration, you can request a hearing before an administrative law judge (ALJ). If you fail to request a hearing within 60 days, the appeal process stops unless you have a convincing reason for not filing it within 60 days.
- Appeal from denial of claim before ALJ. A denial by the administrative law judge can be appealed by filing a request for review of the hearing record with the Appeals Council. You have 60 days to request review of the decision of the Administrative Law Judge (ALJ). A review may be granted for an abuse of discretion by the ALJ, for an error of law, or if the judge’s findings were not supported by substantial evidence.
- Appeal from denial by Appeals Council. If the Appeal Council’s review (or request for review) is denied, a complaint needs to be filed in federal district court within 60 days of the denial of the appeal by the Appeals Council.
If you need help with appeal deadlines and SSA forms you can contact one of our Minnesota disability lawyers at Fields Law Disability Center for a free case evaluation.
Social Security Disability Forms
Applying for Social Security Disability (SSD) benefits can be a daunting task. Depending on the details of your claim, you may need to complete a lot of paperwork during the application process. That’s why the Social Security Disability attorneys at Fields Law Firm are here to help determine what Social Security Disability forms you will need to get approved for benefits.
Here are just a few of the forms we complete on your behalf when we file for your Social Security Disability application or appeal.
- Social Security Disability Benefits
- Authorization to Disclose Information to the SSA
- Disability Report Appeal
- Request for Reconsideration
- Request for Hearing by Administrative Law Judge
The first step is to complete an application for Social Security Disability benefits. The form includes a link to the Adult Disability Report where we would provide the SSA details about your illnesses, injuries, conditions, and work history.
The next form we would complete allows the SSA and officials from your state’s disability determination services to collect your medical evidence when considering your application for Social Security Disability benefits.
If you were denied disability benefits for medical reasons, we would fill out this form to request the SSA to take another look at your claim.
If your first application for benefits was denied, we would request the SSA take a second look at your disability claim. It’s often filed in conjunction with the Disability Report Appeal and the Authorization to Disclose Information to the Social Security Administration.
If necessary, we would request a hearing before an Administrative Law Judge (ALJ) based on the Request for Reconsideration decision letter.
Filling out Social Security Disability forms is a necessary step of applying for, or appealing the denial of, Social Security Disability benefits. There are different Social Security Disability forms for each stage of a claim.
Below are the main forms for the application and appeals stages:
- Social Security Disability Application
- Disability Report
- Medical Records Authorization
- Function Report
- Work History Report
When applying for Social Security Disability benefits, a person must first complete a Social Security Disability Application & Disability Report – Adult. This can be found online at the Social Security website, socialsecurity.gov.
After the Social Security Disability Application is complete, you will be immediately transitioned to an online Disability Report – Adult.
After the SSDI Application and Adult Disability Report are complete, Social Security will ask that you print and sign an authorization that will allow the release of your medical records. You will mail this authorization to your local Social Security Office.
Social Security will often mail claimants a Function Report – Adult. Social Security will also often mail a claimant a Function Report – Adult – Third Party. These Social Security Disability forms ask for information on the claimant’s daily activities.
The Function Report – Adult is for the claimant to complete. The Function Report – Adult – Third Party is for someone who knows the claimant to fill out. It asks for that person’s observations of the claimant’s daily activities.
Detailed information on the last 15 years of work.
Request for Reconsideration and Request for Hearing
If a Social Security Disability Application is denied, a person can file an appeal. The first two appeals are called a Request for Reconsideration and a Request for Hearing. These Social Security Disability forms ask for the reasons the denial was improper. Like the Application, these appeal forms can be filed online at the Social Security website.
After completing either of these Social Security Disability forms, you will be immediately transitioned to an online Disability Report – Appeal, which requests updated information on the same topics as the previous Disability Report that a person completed. For example, it requests if the person has any new conditions or any new treatment since the last Disability Report was completed.
Don’t let errors or omissions on your Social Security Disability paperwork keep you from getting approved for benefits. If you have questions about filing your disability claim, contact us anytime. No matter where you are in the process, Fields Law is here to help you get the benefits you need. Our experienced legal staff is available to answer your questions about the application or appeal process. Just call 1-888-343-5375 or fill out a free contact request form to Get Fields!