I applied for SSDI and SSI benefits in March of 2006. I understand there is a 5 month wait period before benefits are awarded. I was requested to take a few "Consultative Exams" in December of 2006, 9 months after I initially appied for benefits, and my attending physician for Juvenile Diabetes sent SSA the information they requested in a timely manner. My question is if there a time limit for SSA to request a CE from the date of the initial application?
–Don

Jonathan Ginsberg responds: Don, thanks for your question – you raise a number of interesting points. The short answer to your question is "no," there is no time limit for SSA to request a CE following the date of the initial application.

SSA may have internal policies with suggested time limits for requesting a CE but I know of no formal requirements.

You make the point that you applied 9 months ago. I have found that some adjudicators are reluctant to approve a case until the claimant has been disabled for at least 12 months. The law says that you must be unable to engage in substantial activity (i.e., work) or that your condition is likely to keep you out of work for 12 months. Some adjudicators feel uncomfortable about recommending an approval for a person who has not actually been out of work for 12 consecutive months.

I have seen a few cases where the adjudicator kept the file on her desk until the 12 month date passed then approved. I also think it is a positive sign that SSA is scheduling consultatives for you.

[tags] substantial gainful activity, consultative evaluation, social security disability, 5 month waiting period, disability adjudicator [/tags]