Why does it take so long to get Disability benefits when I start over?
WOW! This question comes up a few times. Here’s how it usually plays out:
1) You have applied and you got denied. So you decided to reapply, OR
2) You went all the way to a Judge and got denied. So you decided to reapply, OR
3) You went all the way to an Appeals Council Decision and you got denied. So you decided to reapply, OR
4) You were receiving disability benefits and you were cut off. So you decided to reapply, OR
5) You got a closed period of disability benefits. So you decided to reapply!
In any event, most people ask the same question “Why does it take so DAMN long to get Disability when you reapply??” And trust me, DAMN, is usually thrown in there somewhere.
Unfortunately, the short answer is “Just because you went through the process once, doesn’t mean you get preferential treatment when you go through the system again.” In other words, every time you go through the system, a new set of hands and eyes will be evaluating your case. As such, your case is treated as if you are filing for the very first time.
Now, I know what you’re thinking. You’re thinking “What about those earlier applications?”, “Do they check those records?”, or “What about the fact that I was disabled before?”. All of those are good questions so let’s go through the scenarios I provided:
1) You have applied and you got denied. So you decided to reapply, OR
OOOOOO, please don’t do this. SO many times, people think that if they just keep reapplying, they will ‘hit it’. Ladies and Gentlemen, this is NOT LOTTO!!! You have to go through the system to get the best results. Now, I’m not saying that you shouldn’t reapply. I’m saying that you should be mindful of the fact that you are starting over every time you reapply. They will go and get the info from your previous application (depending on how soon you reapply) but you are still starting over.
2) You went all the way to a Judge and got denied. So you decided to reapply, OR
I’ve said it to people a million times that you don’t usually get your best opportunity unless you actually go through the process. The process usually means from initial application to a Judge. Now, for Social Security’s purposes, your disability period is the day after the judge’s decision. Why? In their eyes, the Judge has already determined that you are NOT disabled up to the date of his or her decision so even if you were found disabled, SSA is probably not going to back beyond that date (Sometimes they do but most times they don’t).
3) You went all the way to an Appeals Council Decision and you got denied. So you decided to reapply, OR
Sometimes, people want to wait until they go all the way through the administrative process. Most representatives will probably tell you that while your case is pending before the Appeals Council, you should start a new application. In any event, if you reapply, the earliest date of benefits would be the day after the judges decision.
4) You were receiving disability benefits and you were cut off. So you decided to reapply, OR
This situation comes up a lot. You’ve been receiving benefits for an extended period of time. Then, for whatever reason, SSA determines that you are no longer disabled or no longer entitled to benefits. So you decide to reapply. Now, in your mind, you’re thinking that since you were receiving benefits before, you should have a leg up. NOT SO FAST, my good friend (in the words of ESPN’s LEE CORSO). You don’t get preferential treatment just because you were receiving benefits before. Remember, a determination was made that you no longer need the benefits so you have to prove the you do.
5) You got a closed period of disability benefits. So you decided to reapply!
This one is tricky. A closed period is a clearly defined start and stop. You were determined to have been disabled from one point to another. Let’s say from Jan. 1, 2008 through Jan. 1, 2009. Now, you decide to reapply. The same rules apply. You’re treated as if you have started from scratch.
Please remember that you are not entitled to any special privileges or opportunities just because you started over. You still must go through the process as if you are starting from scratch.
What happens after you file a claim for Social Security benefits and beyond!
Alright, so you get the word. You have an appointment with Social Security coming up. You got your papers. You got everything you need. You go to your appointment. Now what?:
1) Make sure you complete what they give you and send it back.
In some situations, Social Security is going to probably give some forms to sign. These forms are designed to assist Social Security in obtaining the records and information that they need for you. If you DON’T complete this information, Social Security can’t develop your case. If that happens, your case could be closed for lack of evidence or failure to comply.
2) Your case may be LEAVING SSA to DDS.
Depending on your state, once Social Security has your forms, your case may be referred to a state agency responsible for developing your case. This agency is called the Disability Determination Services.
3) What does it mean “DEVELOP my case”??
When you apply for Social Security Disability, you are indicating that you are DISABLED. In order to determine if you ARE disabled, they need to get your medical records. In essence, they have to develop your file to determine if you have medical records to support your disability.
4) There is no time line so stop being a pest.
Social Security recognizes that they have a lot of cases so they take every effort to aggressively push their cases forward. However, they don’t drag their feet because they are trying to keep you back. In most cases, Social Security and DDS are awaiting the evidence they need to make a determination. So the WAIT is what they are doing as well.
5) Get your point of contacts right (i.e. 3d parties)
Most people don’t realize that part of the delay in your case is due to lack of response from your 3d parties (you know, the people you listed that Social Security could talk to about your case). Make sure you inform your third parties that they may be getting a call from Social Security about YOU!
6) Get your doctors right (i.e. medical records)
Docs get request for records ALLLLLLL the time so please take the time to make sure you inform them that these request are on the way so they can make the effort to ensure the records are available. Here’s a little tip for you. Social Security works on a budget just like any other organization so they are not going to pay $200 to $400 and above for a huge file on you.
7) They have to consider everything so if you SAY it, they will consider it.
You have to think about what it is that keeps you from being able to work. The law regards the Social Security Administration to consider your combination of impairments. With that being said, be careful. If you mention something new every time they talk to you, Social Security is going to investigate it and THAT may take time.
YOU don’t run the show. THEY do!
Alot of times, CLAIMANTs will want to TELL SSA or DDS exactly what it is that is keeping them from working and what specifically they need to look at in terms of medical records. In other words, if you’ve been to 4 doctors but one of them says you’re disabled, you may tell SSA or DDS to ignore those other 3 because the one that says you’re disabled is the one they should focus. NOT! Social Security has to consider everything.
9) I got a DENIAL! Now what?
APPEAL! APPEAL! APPEAL! Most people don’t realize that you don’t get your best opportunity for results unless you appeal your case. Take it to the next step.
10) If I appeal, what happens?
Depending on the state, you either case will be re-reviewed (Reconsideration) or go before a Judge (Hearing). If it’s reconsidered, you will go through the whole process again so they can determine if they got it wrong. If it’s a hearing, it goes from the Local Office to the Hearing office for a hearing date.
The biggest thing that you need to know is that you need to be patient. The process is not short but be mindful that YOU may do things that may cause the process to go on longer.
