It was about a week before Jack Schamel retired that I last wrote a blog post. Since that time I’ve had about all I can do to keep up with hearings, client meetings, phone calls and everything else. I’ve missed writing the occasional blog because I find it satisfying to know that some of the folks reading my blogs are actually helped by them. Enough knuckle cracking. Let’s get down to it.
Just doing it is really the theme of this post, which is about encouraging folks to apply for Social Security Disability. I’ve had too many people come to me who would clearly be disabled for purposes of Social Security Disability, but for a variety of reasons either didn’t apply before their date last insured (DLI) or didn’t appeal the decision denying them benefits for an impairment onset date before their DLI. For a more in-depth discussion of DLI, see my blog post “Social Security Disability and Date Last Insured.”
While it is certainly true that if you can prove that the onset of your impairment occurred before your DLI you would be entitled to benefits, this is not the way to go. By applying and, if necessary, appealing a denial (preferably with the assistance of an attorney), you and your attorney should be working with your medical providers to ensure that Social Security has the medical evidence of your impairment.
The bottom line is: you should apply and if you’re denied benefits hire an attorney experienced at Social Security Disability. Please see my blog post “Social Security Disability: Getting Started” in which I have the link to apply for benefits online.
You have nothing to gain by waiting and, if you’re fortunate enough to recover from your disability and return to work, you may be eligible for a closed period of disability for the time you were out of work. In other words, just apply.
Thanks for reading,
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529