Common Questions About Filing for Disability

Posted by Deborah Grossman-Mitchell, R.N., J.D., M.B.A. | Apr 18, 2022 | 0 Comments

Is there a filing fee? No. There is no fee associated with filing an application for Social Security Disability or Supplemental Security Income benefits.

Do I have to be out of work for one year before I file? No. You can file as soon as you come out of work.

Does my doctor have to tell me to file for disability? No. If you are unable to perform you work and feel that you cannot make an adjustment to other work, you can file for disability without your doctor “signing off on it”.

How long does it take? On average, from application to a hearing typically takes about twelve (12) months. It is a good idea to have a financial plan in place prior to filing for benefits.

Can I draw unemployment while I file an application for Social Security Disability benefits? No. This is considered fraud as you are advising a state agency that you are ready, willing and “able” to work, and you are telling a federal agency that you are “unable” to work.

Can I draw short/long term disability while I file for Social Security Disability benefits? Yes. This is a policy that you paid for through your employer and does not conflict with a Social Security Disability application. You will, however, have to pay most ST/LTD benefits back to the provider once approved for Social Security Disability.

Can I draw worker's compensation while I file an application for Social Security Disability benefits? Yes. There will, however, be an offset, which means your back pay for the Disability Benefits will be adjusted to account for the worker's compensation payment(s).

Why do some people get their benefits sooner than others? A lot of the disability timeline, especially in the application stage, depends on the Social Security case worker that you get. Some workers are able to process applications more quickly than others.

Can Grossman Law Firm help me file an application? Yes. Not all firms will help with applications, but at Grossman Law Firm we are here to help you from start to finish.

Does Grossman Law Firm have more than one location? Yes. We are able to serve you at our Valley, Alabama office or at our Auburn, Alabama office.

If you have had to come out of work due to a condition that limits your ability to perform your job and you feel that you cannot make an adjustment to other work, we encourage you to file an application for Social Security Disability Benefits as soon as possible. Please keep in mind that your ability to file for Disability Benefits will “expire” within five years once you stop work, so it is important to file as soon as possible.

About the Author

Deborah Grossman-Mitchell, R.N., J.D., M.B.A.

Attorney at Law/Social Security Disability Claimant's Representative

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