HOW LONG MUST YOU WAIT TO FILE A DISABILITY CLAIM?

You may file a Social Security disability claim immediately upon quitting work due to a long term disability. A long term disability is defined as one that is expected to last for at least 12 straight months OR to end in death.

You do not have to wait 12 months to file your claim.

Social Security's "duration requirement" means that your disability must be reasonably expected to last for at least 12 consecutive months. It is the nature of the disability that will be considered. The short way to say it is: Social Security will not pay for any disability expected to last less than 12 straight months.

What Happens If I file a Claim While I am Still Working?

Filing a claim while still working at "substantial gainful activity" (SGA) will result in a Step 1 technical denial. Why? Because Social Security's doctrine is that you cannot be disabled while you are still working a substantial full-time job.

What is Considered 'Substantial Gainful Activity'' ?

If you work and earn wages, salary or commissions of at least $1,620 per month (gross)--you are engaged in Substantial Gainful Activity. This includes self-employment income.

What Happens If I File a Claim, Then Get Able to Return to Work Within 12 Months?

In that case, you would not meet the requirement for a Social Security disability benefit and your application for benefits would be denied. However, there is no penalty.

There are many puzzling rules about Social Security disability. Proving that you meet all the requirements for a benefit is complicated. Most claimants benefit from choosing a lawyer or representative with professional experience and training to navigate the Social Security disability process in Alabama and Tennessee.

The Forsythe Firm in Huntsville has won Social Security disability benefits for hundreds of claimants during the past 25 years. We offer a personal, individualized approach. You will work with the same advocate start to finish. We will meet with you, gather information needed to represent you effectively, then tirelessly fight for the benefits you deserve.

What Does Personal Professional Representation Cost?

You Pay NOTHING unless you are approved with past due benefits. If you don't collect past due benefits there is never a fee or cost for anything we do. All fees must be approved in advance by the Social Security Administration and are paid after your case is settled successfully. Consultations are free and without obligation. Call for a free consultation. (256) 799-0297.

If You Don't Win You Don't Pay!

*The Forsythe Firm has successfullyi represented clients in Alabama, Tennessee, Florida, Georgia, South Carolina, Texas, New York, Mississippi, Kentucky