You do NOT have to be out of work for at least one year before you are able to apply for disability insurance benefits.
You can and should file for benefits as soon as you are unable to work. Don't let anyone at your local Social Security District Office talk you out of applying until you have been off work for at least one year. You need only show either that you have in fact been off work for a year or more, or that your medical condition is such that it is likely that you will be off work for least one year. If you can't work anymore, file!
You do NOT absolutely need a favorable report from your doctor that you are unable to work to win your claim.
However, the existence of such a report is certainly helpful to your claim, and frequently means the difference between a win or a loss. If your doctor is willing to prepare such a report, have him or her do it and submit it to Social Security. Also, it is very important for you to personally obtain copies of as many of your medical records as possible, make a copy for your own file and hand-deliver them to your local Social Security District Office - preferably when you file, but if you can't do it that quickly, then hand-deliver a copy of your medical records after you have filed. Don't delay your filing, however, in order to get copies of your records. File first without the records if you have to, and deliver the medical records later when you can get them. And, keep in touch with Social Security to make sure your case moves along.
You should NOT give up when Social Security turns you down.
If you are truly unable to work, appeal each and every adverse decision timely. Don't give up simply because the agency tells you that it doesn't believe you are totally disabled. Almost everyone gets turned down at least once, and frequently at the reconsideration stage as well, particularly if you are under 50 years of age or have a High School Diploma or GED. If your claim is denied a second time on reconsideration, immediately contact us so we may assist you with regard to your appeal. This time the appeal will be on a form entitled "Request for Hearing before an Administrative Law Judge." From this point on, you should seriously consider hiring an attorney who specializes in Social Security law. There are not that many in Utah because the area is rather highly specialized; but, you should not settle for anything less than an attorney who knows what the law is and has handled a lot of cases before the Social Security Administration.
If you have a Workers Compensation claim, you can also file for Social Security benefits; and the same is true if you have a personal injury claim.
If the reason you are unable to work is because your medical problems arose out of a serious work-related event, you do NOT have to wait to file for disability benefits until your workers compensation benefits cease. You may concurrently receive a check for both disability insurance benefits and workers compensation benefits. There may be some reduction in the amount due to the Social Security offset rule, but in 95%-plus of the cases, most claimants receive checks which exceed the total from either source. Many injured workers are not aware of the fact that they can receive lifetime awards both from Social Security as well as from the Utah Workers Compensation system.
Receipt of a personal injury award by settlement or Court decision does not mean that you do not have a valid Social Security claim, either, for the same reasons. If you are disabled, you can file, and the fact that you are receiving or may receive benefits from another source will not prevent you from filing.
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Tel (435) 652-8500, Toll Free (800) 457-5525, Fax (435) 652-8599