Scott E. Davis, P.C.
Phone: (702) 732-4410
 

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Social Security Disability Claims

When should you file a disability claim with Social Security? Simply put, when you reasonably expect that you will be unable to work for a minimum of 12 continuous months, or you expect that your medical condition will result in death. Thus, you do not need to wait 12 months after you last worked to file a disability claim; however, Mr. Davis recommends that you wait at least 5 months after your last day of work to file a claim.

The value of your Social Security disability benefits prior to retirement age can be staggering. For example, a claimant in their mid-forties with a monthly disability benefit amount of $1,000 could easily have disability benefits worth well in excess of $250,000 if they never return to work. This amount does not include the automatic Medicare health insurance benefits one is entitled to twenty-nine (29) months following the date the Social Security Administration (SSA) finds that you became disabled.

A statement I commonly hear from prospective clients is, "I've never lived off of the system" or "I have never asked the government for a handout." Unfortunately, this message is often spread by society and a terribly misinformed American media regarding how and why one becomes eligible for Social Security disability benefits.

Simply put, you are eligible for Social Security disability benefits because you have worked and paid taxes most of your life! It is important to understand you are insured for disability insurance benefits by SSA if you have worked 5 of the last 10 years (the years do not need to be consecutive). In essence, you have purchased a disability policy from the federal government. You paid the premiums for this disability insurance either by paying Social Security withholding (FICA) taxes or self-employment tax.

It is also critical to understand that if you do not file a disability claim within 5 years of becoming disabled, your earnings record at SSA will not be protected for retirement. This means that every year you are disabled and do not work or pay taxes to the Social Security Administration, the agency will post "zero" earnings to your earnings record for retirement.

After several years, your failure to file a disability claim becomes a problem because SSA does not know you are disabled and it figures you simply decided to stop working. Thus, the agency will average in "all your disability years with zeroes" with the years you did work to calculate your retirement benefit. Of course, the averaging in of so many years of zeroes to your lifetime earnings can and will have a dramatic negative impact on your monthly retirement benefit.

However, when you file a claim for Social Security disability and are found disabled, your earnings record and your retirement benefit is "protected" or "frozen" during the time you are disabled. This is because SSA does not average in the zero years when calculating your retirement benefit. The result is your retirement benefit is protected and not reduced. In fact, generally speaking, if you remain disabled to retirement age, your monthly disability benefit amount turns into your monthly retirement benefit.

Filing a claim for social security disability is an important step in protecting your financial future while you are unable to work. I encourage you to view it as the first step in getting back on your feet and returning to work. The monetary benefits and health insurance you will receive from SSA will reduce your stress and allow you and your family time to recover from your illness. Your taxes paid for this disability insurance from SSA, please view it no different than life, health or automobile insurance.

I encourage you to contact us whenever you believe you may need to file a claim for Social Security Disability. There is no charge for the consultation and I am confident we will put your mind at ease once you learn all your legal options.

To arrange a free consultation to discuss your long-term disability claim with Mr. Davis, please call (702) 732-4410.

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