If you have been hurt on the job or cannot work due to having an injury or disability, you may be seeking help through the Social Security Disability (SSDI) program. Since you have been unable to work due to the disability, you may have bills and other expenses piling up, and are likely wondering just how long you have to wait after becoming disabled to apply for disability benefits. The Law Offices of Dr. Bill LaTour can assist you in answering your questions, as your professional social security disability lawyer.
The Five-Month Waiting Period
Generally, the start of your benefits will be five months after what is called the “established onset of disability” or “EOD.” The EOD is the date that the Social Security Administration agrees that you became disabled and therefore unable to work. You must wait for a full five months past this date to start receiving your SSDI benefits.
Are There Exceptions To The Waiting Period?
There are some exceptions, however, that can help you get benefits faster than the five-month waiting period.
If you have already filed for SSDI benefits, gone back to work for some period of time, and then become disabled again, the waiting period can be waived. In this case, you are seeking an expedited reinstatement of your benefits. In order for this exception to apply, there must have been less than five years between each of your SSDI claims.
Children of disabled workers are not subject to any waiting period. Dependents can be immediately able to collect benefits under SSDI.
If you are a Supplemental Security Income (SSI) applicant and have been approved to receive disability, you are also not likely to be subject to the waiting period of five months. These SSI claimants are able to get their first benefit on the first day of the month after applying for benefits.
Does It Really Take That Long?
While the waiting period is legally five months, there are many times where the decision to grant SSDI benefits takes much longer to come through.
This means that people who apply for benefits, and have to wait longer than the five months from their EOD, will get back payments for all of the extra months they had to wait. For example, if you have to wait eight months for your application to be approved, you will qualify for three full months of benefits when your first payment arrives. This is because your EOD date was actually eight months prior, and you have already waited through the five-month waiting period.
EOD vs. Application Date
The date that you apply for benefits can be no more than 17 months after the EOD. There is a 12-month maximum between the application date and EOD, so if you add in the five-month waiting period, that is where this number comes from. If this happens, then your benefits will be back-filled to pay for the difference in EOD and approval dates.
A Social Security Disability Lawyer Can Help You
We’ve been helping disabled individuals in the Greater Los Angeles area, the Inland Empire, and Orange County get the disability benefits they need for years. Call Dr. Bill LaTour and his team today at 800-803-5090 or fill out our online form to schedule a free consultation.
