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Disability Application & Denial Appeal

You may have heard you have to be disabled for a year before you can apply for SSDI. That’s not quite the case. 

When to Apply for SSDI or SSI

There are a lot of myths around when to apply for Social Security Disability – SSDI or SSI. The confusion about the disability application probably comes from the delay between when the SSA approves your disability claim and when you get your first benefit payment. There is typically a delay of 5 months before you receive your first benefit. But that doesn’t mean you have to wait to apply for disability benefits!

Please note that in some very limited circumstances, this 5-month wait period does not apply.

You also may have heard you have to be disabled for a year before you can apply for SSDI. That’s not quite the case. If you know your disability will last at least 12 months (or that it will end in death), you can begin the SSDI application process without waiting a year.

Our recommendation?
Eliminate the Disability Application guesswork!

Talk to Feldman Disability Law to learn when you should apply for Social Security Disability benefits. We have a screening process that helps us determine whether or not you should wait to apply. Even if there is a delay, there’s work to prepare, like documentation and evidence gathering to support your disability benefits claim.

checklist for social security disability SSDI
All Evidence Gathered
social security claim progress
SSA Evaluation
disability claim approved or disability claim appeal

The Denial Appeal Hearing & Timing

Just because you’ve been denied doesn’t mean you don’t have a valid case. In fact, the numbers show that about 63% of first-time disability benefit applications get denied! Your best chance of getting the Social Security Administration to approve your disability claim after it’s denied is to pursue the appeal process with a lawyer and go to a hearing.

Be assured, Blair Feldman will appeal your denial quickly. You have a short time after being denied to request a hearing. You’re in good hands, too! She has an excellent track record of successfully representing disability clients in hearings before Administrative Law Judges, the Appeals Council and before the U.D. Federal District Court.

Notice of Cessation Appeal

Say you get a notice that says your disability benefits are ending. You have the right to appeal but you must do it right away. In fact, if you want to keep your benefits coming in during your appeal, then you need to take action immediately and appeal the Notice of Cessation within 10 days.

Yes, officially you have 60 days to appeal the Notice of Cessation, but if you miss the 10 day window, you run the risk of going without benefits during this appeal process.

After requesting an appeal, you need to fill out multiple forms and provide new medical evidence to show you are still disabled. If this fails, your case may be set for a hearing with a DDS hearing officer, or eventually a judge.

What Happens at a Hearing?

At a hearing, you explain your situation and present more evidence about why you are still disabled. Getting help from a lawyer can make this process easier, plus increase your chances of keeping the benefits you deserve.

Contact Feldman Disability Law right away if you have received a Notice of Cessation and need help with the appeal process.

"My attorney Blair Feldman has always showed me respect, concern, and priority about my Disability Appeal case with Social Security. I can with total confidence highly recommend attorney Blair Feldman.”

John V.