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by: albert.tobega
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The Social Security Act defines disability as either a physical or mental condition that prevents the sufferer from engaging in any activity that generates income, and that can either result in his or her death or last for 12 months or more. For many people, the confusion stems from not knowing when they can apply for Social Security benefits and when they can start collecting payments. What you should realize is that it is important that you file for disability as early as you can, even on the day that you are disabled if possible. This is because the process can take a lot longer than anticipated, and waiting too long before you apply may mean delaying your benefits even longer, as well as risking the chance of lost benefits. Keep in mind that even with the help of an experienced Social Security lawyer, the claim process can still take a long time. Keep in mind that you will also have to be out of work for at least 5 months before you can begin to receive disability benefits.
The question of why the entire claim process takes so long...often lasting more than a year...is one that comes up often. Even with a competent Social Security lawyer on your side, the process can still take an excessively long time. While it is understandably quite frustrating to be out of work and at the same time unable to claim any benefits, the huge backlog of Social Security cases results in this inordinate delay. Social Security cases are typically processed on a first come, first served basis, which means that you have no choice but to wait it out. In extreme situations, the claims process can take as long as eighteen months and even up to two years.
Even though a Social Security Disability attorney cannot get you to a hearing before an administrative law judge quicker, a good attorney will win your case before you are even scheduled for a hearing. A good Social Security Disability lawyer will have enough experience to know what type of evidence to collect as well as how to use any opportunities to your advantage, such as filing the claim with the Office of Disability Determinations or coming up with an On the Record opinion so that a hearing for your case may not even be necessary. With or without a social security attorney there are barriers between you and your Social Security Benefits. With a competent lawyer on your side however, the process can be resolved much sooner than if you take on the task of filing the claim by yourself.
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