Recently, I came across a very relevant blog post written by New York Social Security disability lawyer Lew Insler entitled Waiting to Apply for Social Security Disability Can Cost You Money. Attorney Insler comments “I still don’t understand why some people wait years before even filing their claims. Not only do claimants lose out on years of potential benefits, but the longer a person waits to apply, the harder it may be to obtain the medical records necessary to show disability while they are still covered for benefits.
I think that Mr. Insler’s point is very well taken. When you apply for Title II disability benefits, you can only get paid up to one year prior to your application date, even if your disability began two, three or more years ago. In a Title XVI SSI case you can only get paid as of the date of application.
Another problem that can arise if you want relates to your insured status for Title II Disability. Unlike retirement benefits, which are calculated based on your lifetime earnings, Disability benefits look at your earnings during the 10 years prior to the onset of your disability. Generally you have to show that you worked for 5 out of the past 10 years. When you stop working, your coverage will therefore remain in force for the next 4 to 5 years. You need to show that you became disabled while you were covered.
If you wait to apply, then your “date last insured” may run, meaning that you would have to show that you became disabled at some point in the past. Your medical records may show that you are disabled now, but we may not be able to get records or medical opinions that your disability was at a disabling level 4 or 5 years ago. In addition, as Mr. Insler points out, some medical providers do not keep records for old patients, and doctors, clinics and hospitals sometimes go out of business as well.
Finally, given the 2 to 3 year delays inherent to the Social Security system, delaying the start of the process just means that your case will take that much longer.
The bottom line – if you cannot work, you should apply for disability benefits now. There is generally no benefit to you if you wait. Waiting will only make your attorney’s job harder and quite possibly cost you hundreds or thousands of dollars of benefits.
What about cases when one’s first thought isn’t to “live off the government” but attempting to “make it on their own for as long as possible”? For me, I stopped working in 2001, had a late diagnosis of Ankylosing Spondylitis in 2003, but waited until 2009 to apply. When people ask me why I didn’t apply sooner, I tell them:
1. I honestly didn’t want to be “that guy” who can’t take care of himself anymore
2. I had no idea about work credits and deadlines
3. I had no clue I would even come close to being considered disabled, then later found out my particular condition is actually in their medical listing. I always thought “disability” was reserved for people who physically couldn’t walk, couldn’t feed themselves, couldn’t bathe, etc. I didn’t want to admit my condition might lead me down that path (also I still didn’t understand what my condition really was)
Since my condition is one of those that is progressive and can go 10 years+ before diagnosis, there should be some kind of leeway given to conditions that can’t be diagnosed at the time of symptoms. Even though I complained of chronic neck/back/hip pain for 13 years before I was diagnosed, it took a few years to really hit me in that I really do have a serious disease.