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Social Security

  • Writer's pictureStephanie O. Joy, Esq.

When to file for SSD - is this even an issue? We think so.

When to actually trigger a filed application doesn't seem like an actual issue. Or does it? Is soonest always better than later? Here is one such consideration I go through when I evaluate what is best for my client's case in terms of, is sooner better.

If you just stopped working, will there be available medical evidence showing, if necessary, that something happened between the months before when you were able to work full time and were doing so, (despite any impairments) and the day you stopped working? There are times when the facts are such that this really won't be a problem, particularly if during the last months of your working time, you were aggressively seeking medical treatment for what were becoming very troublesome impairments and symptoms/limitations. However, if you weren't, you may want to start to use your non-working days now to line up and attend medical visits, seek diagnostic tests (MRIs, EMGs), participating in conservative therapies, etc. For those still working full time or above SGA limits, there are plenty of proactive things you can do now to help you have a stronger case presented later, and earlier in the claims process than you may otherwise have. Part of Joy Disability's no cost consultation if you are thinking of filing for SSD/SSI is to share those strategies with you.

And on the other hand, if you have had robust treatment so evidence exists at least to some extent, to respectably start a claim, and you are no longer working and it is getting long in the tooth, don't make the mistake of necessarily waiting til that long awaited diagnostic, or appointment with another specialist, before filing. There are some reasons (think, DLI, 12 month retroactive back benefit limitations, etc.) where filing now may be your best option. And, the beauty of a "protective filing" is worth its weight in gold and we file these very often for folks, usually before and/or without being retained to represent. Contact Joy Disability for a full review of what may be your wisest choice.

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