Time Limits for Filing
The Social Security Administration (SSA), advises that you should apply for Social Security Disability benefits (SSD) as soon as you become disabled. Specific issues impact your eligibility for benefits, and more than half of claims are denied by the agency. Your work history and your payments into the system partially determine eligibility. If you are no longer working, your ability to get benefits can be affected. The SSA looks at the prior ten years of work, and you must have accrued enough work “credits” during that period to qualify.
Processing an application for SSD benefits can take from three to five months, and can be delayed, particularly if any documentation is missing or incomplete. The agency has a very narrow definition of disability, and Social Security does not pay benefits to individuals with short-term or partial disability. Benefits are paid to individuals who cannot work due to a medical condition expected to last one year, or expected to result in death.
The SSA requires comprehensive documentation, which you are responsible to provide. It is exceptionally difficult to submit an application correctly, and many people turn to an attorney for assistance to avoid problems, including delays and denials, and the need to appeal.
SSD benefits do not commence until after a full six months of disability, and the waiting period starts at the first full month following the Social Security Administration’s determination as to the time when your disability began.
When Should You Apply for Survivors Benefits?
Survivors Benefits can help you when a family member dies, and the SSA advises that you let them know of the death as soon as possible. Funeral directors customarily report an individual’s death to Social Security, but you need to provide the funeral director with the deceased’s Social Security number so the report of death can be filed.
The Social Security Administration advises that some family members of the deceased may be eligible for benefits, when the person who passed away worked long enough under the Social Security requirements, and was qualified for benefits. To make sure your family receives all the benefits they may be entitled to, the SSA further advises that you contact them as soon as you can after a family member’s passing.
Is There a Time Limit to File for SSD Benefits in Los Angeles?
Yes. According to the SSA, you must meet the requirement for work credits within a certain period of time in order to be eligible for SSD:
- You must meet the SSA’s definition of disability.
- You need to have worked long enough and recently enough to qualify.
- You must have earned the required number of Social Security work credits.
Is There a Time Limit for Filing for Survivors Benefits?
There is no simple answer to this question. Regarding the Lump-Sum Death Payment, if eligible, you are required to file your claim within a two-year period, but that doesn’t necessarily apply to widower of the deceased. It is a complex issue involving a number of family members, and to ensure you and your family receive all the benefits you are entitled to, it is recommended that you discuss your situation with a knowledgeable attorney well-versed in Social Security Disability who is familiar with the agency, how they operate, and the rules associated with Survivor’s Benefits.
Social Security Lawyer Serving Van Nuys and the San Fernando Valley
The Social Security attorney at the Kenton Koszdin Law Office serves people throughout the Van Nuys and all of the San Fernando Valley. We are dedicated to assisting those who are seeking SSD benefits, and we offer free in-home consultations. Contact us today by using our online form, or call us directly for help.