Disability Deadlines & Dates

SSDI Application Deadlines & Filing Deadlines

Lawyer for Social Security Disability

To qualify for social security disability insurance you must have worked both long enough and recently enough to qualify for benefits. Most people need 20 credits earned over 10 years to be eligible for disability benefits. You can earn up to four credits a year. The date on which you can lose your eligibility is called the “date last insured” (DLI). When you stop working credits start to expire.

It is important to apply for disability benefits before too many credits expire and you lose eligibility. If there are years from the time you stopped working to the date you became disabled credits will automatically expire and you can lose eligibility. You can count backwards from the date your disability started to calculate whether you have a sufficient number of credits. Because of the danger of losing eligibility based on expired credits it is a good idea to apply as soon as possible after becoming disabled.

If you need help finding out if you have enough work credits and are eligible for disability benefits you can contact a Minnesota lawyer for Social Security disability at Fields Law Disability Center for a free case review.

Five Month Waiting Period: Once you are approved for benefits there is a five month waiting period before you will begin to receive disability benefit payments.

Twelve Months Retroactive Period: The SSA will only pay you for 12 months of retroactive benefits from the date that you apply for disability benefits. This assumes that your Established Onset Date (EOD) is at least 17 months before you apply for benefits. It does not matter if you were disabled several years in the past. This is another reason why it is important to apply for disability benefits as soon as you become disabled to avoid losing past benefits.

Disability Appeals

IF YOUR CLAIM IS DENIED. If your claim is denied after your initial claim is filed or you disagree with any other decision Social Security makes, you may appeal the decision. There are four levels of appeal:

1. Appeal from denial of initial benefits. You have 60 days to request reconsideration of a decision of denial. Additional information may be supplied to Social Security with the request for reconsideration.

Forms needed:

• SSA-561-U2 – Request for Reconsideration
• SSA-3441-F6 – Reconsideration Disability Report
• SSA-827 – Authorization for Source to Release Information to the SSA

2. Appeal from denial of reconsideration claim. Within 60 days of denial of reconsideration, you can request a hearing before an administrative law judge (ALJ). If you fail to request a hearing within 60 days, the appeal process stops unless you have a convincing reason for not filing it within 60 days.

Forms needed:

• HA-501-U5 – Request for Hearing by ALJ
• SSA-3441-BK – Disability Report-Appeal
• SSA-827 – Authorization for Source to Release Information to the SSA

3. Appeal from denial of claim before ALJ. A denial by the administrative law judge can be appealed by filing a request for review of the hearing record with the Appeals Council. You have 60 days to request review of the decision of the Administrative Law Judge (ALJ). A review may be granted for an abuse of discretion by the ALJ, for an error of law, or if the judge’s findings were not supported by substantial evidence.

Forms needed:

• Ha-520-U5 – Request for Review of Decision/Order of ALJ

4. Appeal from denial by Appeals Council. If the Appeal Council’s review (or request for review) is denied, a complaint needs to be filed in federal district court within 60 days of the denial of the appeal by the Appeals Council.

If you need help with appeal deadlines and SSA forms you can contact a Minnesota lawyer for Social Security disability at Fields Law Disability Center for a free case evaluation.