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.
No one is saying you’re crazy but it may help your Social Security case
Now, before you lose your mind and think that I am implying that you need to put that you’re CRAZY on your application for disability benefits, I AM NOT!!!!! LOL
When you apply for Disability benefits, it is important that you be honest and truthful about all of your medical conditions that affect that your ability to work.
In this situation, I’m talking to those people who are too proud to admit that they have other issues going on in their medical life that keep them from being able to work. In some instances, when people are applying for Social Security Disability benefits, they are applying based on one condition that they CLEARLY feel is the sole reason that is keeping them from working.
However, most people don’t realize that when Social Security Administration is evaluating whether you are disabled or not, they are looking at the combination of all of the person’s impairments and not just one. However, you have to be careful about a few things:
1) Mention impairments that impact your ability to work
Listen, when you apply for Social Security, don’t take the ‘kitchen sink’ approach. Don’t use this as the opportunity to talk about everything that bother you. The important thing is to focus on those conditions that effect your ability to work.
2) If you are depressed, don’t be ashamed to tell them
For some odd reason, people get embarrassed to admit that they have talked to a doctor about being depressed or that they are being treated for depression. More importantly, people have this fear that they may be viewed differently if people were to find out. Remember, if your depression or anxiety or other mental health problems affect your ability to work, Social Security needs to know about it. These things can actually help your case.
3) If you’ve gotten treatment, let them know
If you went to a therapist or a counselor or a psychiatrist, let Social Security know about it. If you are having additional problems that require you to get treatment, don’t be SHY. Let SSA know so they can determine if it impacts your case.
4) No one will know the reason you get disability except YOU!!
Your disability determination is NOT public record. Your family and friends can’t call the Social Security Administration and find why you’re on disability. That information is private to you and your case. Don’t let it frustrate you. It is private for a reason.
5) They will consider it if you say it.
Remember, SSA is going to investigate information that is provided to them about your case. Don’t HIDE information that may be helpful. Take a hard look at your conditions because it’s better to be upfront now than to make them try and figure out what’s wrong with you.
The important thing to remember is that Social Security has a big responsibility in evaluating all of your conditions as it relates to your ability to work. Don’t be shy about sharing the information because it can go along way to help your case.
Anthony Reeves
http://www.reevesfirm.com
Dedicated to representing the Disabled and the Discriminated
The REAL World frustations for you and the Social Security Administration
I’ve represented clients before the Social Security Administration for over 8 years. During that time, I’ve had a chance to worked with, talked to, or interacted with some great people who are truly trying to do the right thing. What is the right thing? Processing a person’s claim when they apply for Social Security Disability benefits. I’m a firm believer that you “Catch more flies with honey than with vinegar”. For those of you who don’t know what that phrase means, I am a firm believer that you can get more useful information from SSA by just asking questions and (more importantly) listening when the people who do this EVERY DAY have some thing to say.
I am not going to sit here and say I speak for the Social Security Administration (because I don’t) nor am I going to defend them or slam them. However, after spending so many years talking to some great people in the agency, here’s a few things I’ve found to be relatively consistent:
1) They are trying to move your case as fast as they can
I know you don’t want to hear this but do you REALIZE how many cases come through SSA every day?? Imagine if 100 people file a new claim every day in one office. That’s about 500 people a week FOR ONE OFFICE. So what makes you think your case is special?? I hate to be nasty but you have to keep in mind that when you apply, your case is one of ALOT of cases that are coming through the pipeline so you have to keep that in mind. Another thing you need to realize is that SSA has the burden of processing your case as fast as possible. It serves no purpose for them to sit on your case. They want to get you in and out.
2) If you don’t give them everything they need, they can’t help you
SSA relies on information that you give them. Listen to me when I say this. They rely on information that YOU give them. So if you decide to NOT tell them about a doctor because YOU decided that it wasn’t important and they discover that you went to that doctor, NOW, you have to wait while they get those records. Remember, don’t pick and choose what you THINK is important. Provide them with everything they need so they can make an informed decision.
3) Cussing them out, Calling them out, Telling them off, or Blowing up their phones DOES NOT HELP!
I”ve said this a million times. How would YOU respond if someone called you “cussing you out” or “telling you off” or “calling every 5 to 10 minutes”? Come on now. Think about all of those telemarketers or bill collectors. You will unplug your phone or put the phone on silent. If you answer the phone, the first nasty word you hear, you hang up the phone. Now, SSA doesn’t unplug their phones or put their phones on silent. However, what makes you think they are going to be responsive to you ‘going off on them on the phone’? I know you’re frustrated but you have to keep things in their proper perspective. These people are PEOPLE, too.
4) Contrary to popular belief, ALOT of people are in the same position as you.
Here’s where it really gets tough. When most people apply for Disability, they aren’t able to work. When you’re not able to work, the wheels fall off the car. What I mean is that you aren’t able to pay your bills, buy your food, or pay for your medicines. You aren’t able to sustain yourself. Unfortunately, a lot of people are in the exact same situation. I represented a guy who applied while he lived under the Interstate overpass. I’m not saying that your situation isn’t important. I’m just saying that, unfortunately, a lot of people are in the same position as you.
5) If you don’t tell them something has changed, how will they know
Remember, remember, remember, you must inform SSA of your changes in circumstances. If you have a new doctor, you gotta tell them. If you move, you gotta tell them. If you go back to work, you gotta tell them. You can’t trust that SSA will figure it out on their own. If they do, they have to investigate. Remember, that takes time to investigate which adds time to your case.
6) If you are a TERI case, they will move your case but it still takes time.
For those of you who don’t know, TERI stands for Terminally Ill. These cases are tricky because when SSA gets these cases, they move on them fast. However, they still need a little time to get the necessary paperwork to process the case. SSA takes these cases very seriously but they still take a little time to process.
7) It is a PROCESS and there is no going around it
I’ve said this a million times but it still is tough to appreciate sometimes. Remember, when you are applying for Social Security Disability, you must go through the Social Security Disability PROCESS. You can’t skip any steps. You must go through the process in order to ensure that you meet the requirements. There are no short cuts.
If you make it up, bring it up, add something new, or make them look for it, it adds time to the process
The SSA has a duty to investigate anything that is relevant to your case. So its important that you keep them informed early and often about anything that is relevant to your case. Sometimes, when you are listening to others who have had success getting disability benefits, you may add a few things that you think will help you. Remember, SSA has to look at everything that may impact your case so be upfront and honest.
9) There is no single one piece of MAGICAL evidence. They have to look at it all.
SSA has a responsibility to look at the weight of the evidence. In other words, SSA has a burden to look at all of the evidence to determine if leans in your favor or against you. The reason this is important is because sometimes people think that one letter from their doctor will guarantee a favorable outcome. Remember, SSA has to review everything before they can make a decision. The letter from your doctor may help but it’s not a slam dunk.
10) If you keep starting over, so will SSA
I’ve had a few people mention to me that they wanted to know if it was ok to reapply after an initial denial. Remember, every time you start your case over again, they start your case from scratch. Now, they will usually re-open your prior application (depending on how long you waited to file again) but they are going to start from scratch with your new application. More importantly, your case won’t move faster just because you are starting over again.
11) If they ask for it, give them what they need
When you file for disability, get ready. They are going to send you a BOAT load of paperwork. This paperwork is designed to assist them with processing your case. The longer you wait to give it to them, the slower your case will be processed.
12) Sometimes, it’s JUST NOT THEIR FAULT!
Recognize this, if they are waiting for something and it hasn’t come their to them, what do you expect them to do? If you tell them that your doctor says you’re disabled but your doctor won’t release your medical records, what do you expect them to do? If you tell them that your friend can answer questions about you but your friend won’t call them back, what do you expect them to do? If they schedule you for an appointment but you keep missing the appointment, what do you expect them to do? If they contact your child’s school and the school refuses to cooperate, what do you expect them to do? Most people don’t realize that the SSA process is a two way street. If they aren’t getting what they need because of someone else, you can’t get mad or frustrated because they aren’t making a decision fast enough.
Contrary to popular belief, SSA is frustrated as well. They have to handle a large case load and they have to make sure the cases are handled as fast as possible. Your case is important to them but they can only work with what they have.
Can somebody explain how I get paid after I get a favorable decision?
So you got approved for Disability benefits. YAAAAAAY!! Congratulations. After stressing, waiting, and going through this lengthy process, you are finally going to get your disability benefits. Even better, you are so happy with your representative who was successful in helping you get your benefits.
However, now comes the confusing part. What happens next? When are you getting paid? Who pays your attorney? When should you expect the money? Now, it seems that you have more questions than you do answers.
Well, here’s a few things to help you out:
1) About 60 to 90 days before you get paid.
There is no hard rule on how fast it takes you to get paid. IN most instances, it takes about 60 to 90 days to process your pay.
2) Why does it take so long?
Even though it may not seem like it, it takes longer to calculate your disability benefits than it it is to get disability. Think I’m joking? Here’s how it works. First, they have to figure out which programs you qualify. Second, they have to determine if there are any programs that offset the benefits. Third, they have to determine if there is any retroactive benefits. Fourth, they have to determine if there is any benefits going forward. Fifth, they have to calculate any representative fees and ensure they get paid. Sixth, they have to determine if there is a need for a representative payee. Finally, they have to deal with any other issues that pop up. Interestingly enough, this process may take place at two different Social Security offices that must talk to each other. See how this may take a while.
3) How does my representative get paid and WHEN does my representative get paid?
This question is one that I get alot. In terms of “HOW”, Social Security is responsible for calculating the back pay. From that back pay, Social Security will withhold 25% towards attorney fees. For example, lets say that your back pay is $10,000. 25% of $10,000 is $2500 which means your attorney will receive $2500 and you will receive the remaining $7500. Now, the WHEN part is trickier. The reason it’s trickier is because Social Security will sometimes release the check to the attorney first (Usually because this part is the easiest to calculate) and then send the rest to the claimant.
4) Why am I getting all of this Paper from Social Security?
Over the next few months, you will received “Important Notices” and “Award Notices”. These papers are crucial because they explain IN DETAIL everything you’re entitled to receive as well as a discussion of how your representative gets paid, any offsets, and future benefits.
5) Why did I get a Medicare card in the mail? Do I have to keep Medicare?
If you qualify for Disability Insurance Benefits (this is different from SSI), then after receiving 24 months of benefits, you are entitled to Medicare. So if your back pay takes you back to October 2007, you will receive a benefits starting October 2009. Now, here’s the tricky part. You have to pay for Medicare and they take it DIRECTLY out of your monthly Disability Insurance Benefits check. If you DON’T want it, just remember that there is a penalty if you decide to come back later (Contact Medicare, they can help you on this one).
6) Should I call Social Security’s 1-800 number or the local office if my money is late?
I always tell people that they can call who they want to but recognize this point. The Toll free number for Social Security is NOT designed to answer all of your questions once you’re paid. Once you get paid, a different office takes over (so the 1-800 will probably not be helpful). The local office can help if you are entitled to receive SSI but your DIB check may be processed in Alabama, Maryland, or New York.
7) I’m fighting foreclosure and an eviction. Will that help?
If you have documentation that you are about to be evicted or foreclosed or your health has turned terminal (i.e. you may be dying), give evidence of this information to Social Security as soon as possible. This information may assist them in speeding up your case.
Congratulations on your case. I know it’s a long time coming but you deserved it. So just be patient a little while longer and it should all work out for you.
Let me tell you WHY you shouldn’t look for LOOP HOLES with Social Security!
I’ve seen it before. You are struggling to make ends meet with the benefits you receive from Social Security. It’s getting a little tight and the next thing you know, you come into a bulk of money. Now, it doesn’t matter where the money is coming from (whether it’s Workers Compensation, VA benefits, inheritance, lottery, or settlement), it really helps.
However, you got a little problem. You don’t know if you should tell Social Security Administration or not. So what do you do? You wonder if there is a way that you can keep the money in a way so the Social Security Administration won’t find out.
The moment you start looking for ways to be slick and keep the fact that you got money from Social Security, you run into a few things that you should know:
1) This ain’t your homeboy or homegirl off the block. This is the federal government and they don’t PLAY!
I can’t tell you how many times I tell my clients that it is almost impossible to hide things from the Social Security Administration. So many things are tide to your Social Security number that it is virtually impossible to keep things secret, especially money.
2) There is no loophole!
When it comes to money and your Social Security benefits, the law is black or white depending on what type of money you are getting from Social Security and what type of money you are getting from another source. This is why it is important to understand the type of benefits you are receiving and how getting a windfall may apply.
3) The Social Security Administration will GET their money!
If you get money and it impacts Social Security and they don’t find out until later, you will FEEL IT! They will either reduce your benefits or possibly cut them off in order to get the money back that they shouldn’t have paid you because you got a lump sum of money and don’t tell them.
4) They will keep an eye on YOU in the future!
I had a client a few years ago who had a child with SSI. When her child got benefits, Social Security required the mother to set up a dedicated account. For those of you who don’t know what a dedicated account is, it’s an account that can only be used for certain things and every dollar spent must be documented. If you don’t, you may risk losing your benefits. The mother didn’t understand why she had to have one. Well, unfortunately, she had multiple charges of bad checks and fraud and at least one situation where she failed to tell Social Security about monies she was receiving from another source. So, the account they set up was to ensure that she spent the money properly on the child. In other words, they didn’t trust her to manage her child’s money. So why would you run dirty and risk being under scrutiny by the Social Security Administration?
5) I know you want your money but play it smart.
Listen, I know that times are tight. I even understand that it is difficult to live on the money that Social Security has awarded you. However, it’s important that you play it smart. Why risk the possibility of having your benefits affected in the future?
6) Proceed at your own risk.
For the 8 years that I have practiced law, I have learned at least ONE universal truth. Despite all of the advice, information, and warnings that I provide, people will do what the HELL they want to do. As an attorney, I don’t focus on the short term. I look at the long term and invariably, people are going to do what they think will fix their situation NOW as opposed to dealing with something BIGGER later.
Listen, I understand how tough it is and it’s a pain when you find yourself in a position of getting a big sum of money that NOW, you have to figure out a way to keep the money and not lose your benefits. Well, don’t make your situation worse by trying to find a slick way around not telling Social Security about your money. In the end, you could make matters worse than better.
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